KEY MARCO COMMUNITY DEVELOPMENT DISTRICT

NOVEMBER 12, 2019

AGENDA PACKAGE

November 5, 2019

Board of Supervisors
Key Marco Community Development District

Dear Board Members,

The regular meeting of the Board of Supervisors of the Key Marco Community Development District will be held on Tuesday, November 12, 2019 at 12:30 p.m. at the Key Marco Community Center, 505 Whiskey Creek Drive, Marco Island, Florida. Following is the advanced agenda for the meeting:

Roll Call
Approval of Agenda (Page 5)
Public Comments on Agenda Items
Approval of the Minutes of the October 16, 2019 Meeting (Page 7)
October 16, 2019 Action Items List (Page 23)
Old Business
Termination of Inframark Management Services Agreement (Page 26)
Inframark Financial Services Agreement (Page 28)
Proposed Key Marco CDD/Key Marco Community Association Management Services Agreement
Organizational Matters
Consideration of a Supervisor to Fill an Unexpired Term of Office (Seat 3, Expires 11/2020)
Oath of Office for Newly Appointed Supervisor
Designation of Officers (Resolution 2020-02) (Page 44)
New Business
Attorney’s Report
Discussion of CDD Roadway Parking Rules (Page 47)
District Engineer Contract Negotiation Update (Page 58)
Manager’s Report
Acceptance of the Financial Statements (Page 73)
Consideration of Revised Post Orders (Page 86)
Special Event Agreement – YMCA of South Collier (Page 137)
Follow-Up Items

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Board of Supervisors

Mary Beth Schewitz, Chair	Justin Faircloth, District Manager
Luanne Kerins, Vice Chair	Greg Urbancic, Esq., District Counsel
Maureen McFarland, Treasurer/Asst. Secretary Vacant, Assistant Secretary
Terri Stanton, Assistant Secretary

Presentation from Cypress Access Regarding Guardhouse System Upgrade
Supervisors’ Requests and Comments
Audience Comments
Adjournment

Any supporting documents not included in the agenda package will be distributed at the meeting or under separate cover. If you have any questions prior to the meeting, please contact me at (239) 245-7118, extension 306. I look forward to seeing you at the meeting.
Sincerely, Justin Faircloth
Justin Faircloth
Justin Faircloth, CAM, CDM District Manager
cc: Greg Urbancic, Esq.

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Second Order of Business

Board of Supervisors

Mary Beth Schewitz, Chair	Justin Faircloth, District Manager
Luanne Kerins, Vice Chair	Greg Urbancic, Esq., District Counsel
Maureen McFarland, Treasurer/Asst. Secretary Terri Stanton, Assistant Secretary

Meeting Agenda
Tuesday, November 12, 2019 at 12:30 p.m.

Note: Requests to address the Board on all subjects, which are not on today’s agenda, will be accommodated under “Audience Comments.” All public comments are limited to a maximum of three (3) minutes per attendee in order to facilitate orderly and efficient District business.

Roll Call
Approval of Agenda (Page 5)
Public Comments on Agenda Items
Approval of the Minutes of the October 16, 2019 Meeting (Page 7)
October 16, 2019 Action Items List (Page 23)
Old Business
Termination of Inframark Management Services Agreement (Page 26)
Inframark Financial Services Agreement (Page 28)
Proposed Key Marco CDD / Key Marco Community Association Management Services Agreement
Organizational Matters
Consideration of a Supervisor to Fill an Unexpired Term of Office (Seat 3, Expires 11/2020)
Oath of Office for Newly Appointed Supervisor
Designation of Officers (Resolution 2020-02) (Page 44)
New Business
Attorney’s Report
Discussion of CDD Roadway Parking Rules (Page 47)
District Engineer Contract Negotiation Update (Page 58)
Manager’s Report
Acceptance of Financial Statements (Page 73)
Consideration of Revised Post Orders (Page 86)
Special Event Agreement – YMCA of South Collier (Page 137)
Follow-Up Items
Presentation from Cypress Access Regarding Guardhouse System Upgrade
Supervisors’ Requests and Comments
Audience Comments
Adjournment

*The next regular meeting is scheduled for Wednesday, December 18, 2019 at 8:30 a.m.

District Office	Meeting Location
210 N. University Drive, Suite 702	Key Marco Community Center
Coral Springs, FL 33071	505 Whiskey Creek Drive
Marco Island, FL 34145

Fourth Order of Business

MINUTES OF MEETING
KEY MARCO
COMMUNITY DEVELOPMENT DISTRICT
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The regular meeting of the Board of Supervisors of the Key Marco Community
Development District was held Wednesday, October 16, 2019 at 8:30 a.m. at the Key Marco
Community Center, located at 505 Whiskey Creek Drive, Marco Island, Florida.
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11	Present and constituting a quorum were:
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Mary Beth Schewitz	Chairperson
Luanne Kerins	Vice Chairperson
Maureen McFarland	Treasurer/Assistant Secretary
Terri Stanton	Assistant Secretary
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18	Also present were:
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Justin Faircloth	District Manager
Greg Urbancic	District Counsel
Robert Koncar	General Manager, Inframark
Terry Cole	Hole Montes
David Schmitt	Hole Montes
Numerous Residents
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The following is a summary of the discussions and actions taken at the October 16, 2019
Key Marco Community Development District’s Board of Supervisors Meeting.
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FIRST ORDER OF BUSINESS	Roll Call
Mr. Faircloth called the meeting to order and called the roll.
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SECOND ORDER OF BUSINESS	Approval of Agenda
Mr. Faircloth presented the Agenda for the meeting, and the following amendments were
requested:
	Under 6C, add Supervisor Vacancy.
	Estimate #641 from Landscape Florida was handed out to the Board for
consideration with item 8.B.

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	Add Discussion of Inframark Contract after Supervisors’ Requests and Comments.
	Add Presentation by Mr. Kevin Ray Regarding School Safety Plan after the Second
Order of Business.
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SEVENTH ORDER OF BUSINESS	Organizational Matters
A.	Oath of Office for Supervisor Terri Stanton
Mr. Faircloth, being a Notary Public of the State of Florida administered the Oath of Office
to Ms. Terri Stanton; a copy of the signed Oath is attached hereto and made a part of the public
record.
	Mr. Urbancic discussed the Sunshine Law for the benefit of Ms. Stanton.
	Mr. Urbancic recommended Board members keep CDD business separate
from other business, by having separate email addresses.
	Any public records requests should be forwarded to Mr. Faircloth.
	Ms. Stanton will have to file a Form 1, which will have to be done by all
Supervisors on an annual basis.
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THIRD ORDER OF BUSINESS	Presentation by Mr. Kevin Ray Marco
Island Academy
	Mr. Urbancic is prepared to answer any liability questions.
	Mr. Ray inquired about working with the District regarding the needs of the school.
	Mr. Urbancic explained the CDD’s sovereign immunity.

On MOTION by Chairperson Schewitz, seconded by Vice Chairperson Kerins, with all in favor, accommodation of the needs of Marco Island Academy was approved, with Supervisor McFarland authorized to work with Mr. Ray to develop any necessary arrangements.

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70	SECOND ORDER OF BUSINESS	Approval of Agenda (Continued)
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Chairperson Schewitz MOVED to approve the Agenda as amended, and Vice Chairperson Kerins seconded the motion.

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	Mr. Faircloth reviewed the items to be added to the agenda, as presented earlier.

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There being no further discussion,

On VOICE vote, with all in favor, the prior motion was approved.

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FOURTH ORDER OF BUSINESS	Approval of the Minutes of the August 21,
2019 Meeting
Mr. Faircloth stated each Board member received a copy of the Minutes of the August 21,
2019 Meeting, and requested any additions, corrections or deletions.
	The Board made changes which will be reflected on the amended Minutes.

On MOTION by Supervisor McFarland, seconded by Chairperson Schewitz, with all in favor, the Minutes of the August 21, 2019 Meeting were approved as amended.

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FIFTH ORDER OF BUSINESS	August 21, 2019 Action Items List
Mr. Faircloth presented the August 21, 2019 Action Items List for the Board’s use and
information; a copy of which is attached hereto and made part of the public record.
	The Board was satisfied with this list.
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SIXTH ORDER OF BUSINESS	Public Comments on Agenda Items
Hearing no comments from the public, the next order of business followed.
SEVENTH ORDER OF BUSINESS	Organizational Matters (Continued)
B.	Designation of Officers (Resolution 2020-01)
C.	Supervisor Vacancy
	It was noted that Supervisor Aitkenhead had resigned from the Board effective
immediately.
	There currently is a vacancy which expires November 2020.
	The Board would like to solicit possible candidates.
	Mr. Faircloth suggested posting an advertisement for the position on the website.
	A few audience members expressed interest.

Supervisor McFarland MOVED to appoint Mr. Bill Aitkenhead to serve as a CDD Board Supervisor, replacing Ms. Dawn Aitkenhead in Landowner Seat 3, expiring November 2020, and Supervisor Stanton seconded the motion.

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On VOICE vote with Supervisor McFarland voting aye, and Chairperson Schewitz, Vice Chairperson Kerins and Supervisor Stanton voting nay, the prior motion failed.

	Mr. Faircloth will have an advertisement developed for the Board position and
provide it to the Master Association for distribution to the community.
	This item will be considered at the November meeting.

Supervisor McFarland NOMINATED Supervisor Schewitz to continue serving as Chairperson. There being no further nominations, Supervisor Mary Beth Schewitz shall continue serving as Chairperson.

	Supervisor Stanton declined to serve as Vice Chairperson. Therefore, Supervisor
Kerins shall continue to serve as Vice Chairperson.
There being no further discussion,

On MOTION by Supervisor McFarland, seconded by Vice Chairperson Kerins, with all in favor, Resolution 2020-01, Designating Officers of the District, with Ms. Mary Beth Schewitz to continue serving as Chairperson, Ms. Luanne Kerins to continue serving as Vice Chairperson, Mr. Justin Faircloth to continue serving as Secretary, Ms. Maureen McFarland to continue serving as Treasurer, Mr. Alan Baldwin to continue serving as Assistant Treasurer, Ms. Terri Stanton to serve as Assistant Secretary, and one seat for Assistant Secretary to remain vacant, was adopted.

EIGHTH ORDER OF BUSINESS	Old Business
145	A.	Holiday Lighting Proposals	
146		This is for lighting of two Gumbo Limbo Trees and the Sylvester Palms in front of	
147		the gatehouse.	
148		Mr. Faircloth received two proposals, out of seven firms that were contacted.	
149		Mr. Faircloth discussed the prior invoice and contract with Trimmers Holiday	
150		Décor, Inc.	

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	Trimmers threatened litigation, as they indicated they had a contract with the
District. Mr. Urbancic is aware of this. Trimmers ultimately decided not to do
business with Key Marco and Mr. Faircloth has this in writing.
	Mr. Urbancic indicated their contract is ambiguous.
	Vice Chairperson Kerins and Supervisor Stanton volunteered to decorate.

On MOTION by Chairperson Schewitz, seconded by Supervisor McFarland, with all in favor, Vice Chairperson Kerins and Supervisor Stanton were authorized to prepare a decorating scheme for the holidays, using natural garland and wreaths in an amount not to exceed $1,000, and decorate the entrance to the community.

NINTH ORDER OF BUSINESS	New Business
A.	Engineering RFQ Responses/Selection Process
	The CDD solicited bids, but did not receive any responses.
	It was extended another two weeks after the normal deadline, since there was a
hurricane pending. Unfortunately, there were still no responses.
	After reaching out again to firms that were contacted and others Hole Montes
responded providing a Statement of Qualifications for review.
	Mr. Terry Cole and Mr. David Schmitt from Hole Montes were present.
	Mr. Urbancic recommended that the Board rank them.
	Johnson Engineering specifically declined to respond.
	Mr. Faircloth commented that Hole Montes is the engineer for two of his Districts,
and they work well together.
	Mr. Faircloth summarized the need for a District Engineer.
	It was noted that their hourly rate is not part of the qualifications and that this is
provided once the CDD has ranked them and negotiations have commenced.
	Supervisor McFarland would like to designate a Board member to negotiate the
contract with Mr. Faircloth, and Mr. Urbancic should become involved as well.

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On MOTION by Chairperson Schewitz, seconded by Supervisor McFarland, with all in favor, Hole Montes was ranked as the number one engineering firm and Chairperson Schewitz was authorized to work with the District Manager and District Counsel on said negotiations to engage District Engineering Services.

	Mr. Schmitt and Mr. Cole briefly discussed their background.
	They will be involved with possible pavement repairs, bridge inspection,
lighting, and water use permits, among other items.
B.	Landscape Florida Gatehouse Planter Pots Proposal
	Mr. Faircloth did not receive a response regarding the planter outside the sliding
glass door at the visitor entrance.
	The Board discussed eliminating the pot and installing a water feature.
	There are two proposals, one for $854 for initial rework of the planters, and another
for $120 to maintain them on a monthly basis.

On MOTION by Chairperson Schewitz, seconded by Supervisor McFarland, with all in favor, the proposal from Landscape Florida for planter pots in the amount of $854, and the proposal from Landscape Florida to maintain the plants in their pots in the amount of $120 per month, were approved.

Mr. Faircloth successfully negotiated a debris clean-up contract with Landscape Florida,
which appears to be favorable.

207		Crawford was not willing to negotiate their rates.	
208		Landscape Florida still needs to execute the contract.	
209		Chairperson Schewitz concurred with the proposal offered by Landscape Florida.	
210	C.	Bridge Painting Discussion	
211		Mr. Faircloth requested a proposal from Koala-T Painting, Inc., the vendor who is	
212		painting the gatehouse.	
213		Sherwin Williams is the desired paint product. However, the Sherwin Williams	
214		representative will not warranty the bridge unless it is fully sandblasted.	
215		Sandblasting will be costly and may have environmental impacts that will have to	
216		be mitigated.	

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217		Koala-T Painting would like to do a test patch to determine how the paint sets.	
218		They are concerned with warranty and liability issues with the District.	
219		Mr. Faircloth recommended the environmental issues be reviewed by the District	
220		Engineer.	
221		Mr. Faircloth is not certain when it was last painted.	
222		The current paint is stripping off in sheets.	
223		Mr. Kevin Kerins will work with Mr. Faircloth to assess the need for painting and	
224		solicit bids for consideration.	
225	D.	Street Light Discussion	
226		Chairperson Schewitz would like to table this discussion until staff has had the	
227		opportunity to discuss the engineering company and the HOA.	
228		There is an issue with metering of the street lights, as the current street lights are	
229		directly wired, which is an OSHA violation according to Ms. Katie Maline.	
230		Mr. Faircloth has nothing in writing from LCEC.	
231		Solar lighting may be done for the top of the road.	
232		Chairperson Schewitz suggested it would be in the Board’s interest to request in an	
233		email to owners to leave the responsibility on them to respond to street lighting.	
234		This can be the same email regarding the Board vacancy, which would be sent to	
235		the Master Association for distribution. Solicitations can come back to Chairperson	
236		Schewitz.	
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238	E.	Landscape Discussion	
239		i.	Removal of Branches/Vines from Bike Lane	
240		ii.	Dodder Vine Removal	
241		Supervisor McFarland indicated standards were received from the County on how	
242		to ensure landscaping is kept a certain height and width from a bike lane.	
243		The Dodder vines do not get food from the sun, but they do get food from the trunk.	
244		Therefore, these vines are destroying the Oak Trees and Palm Trees which are	
245		under them.	
246		Nothing can be done by the CDD on HOA property.	
247		If the vines overhang on CDD property, the CDD can have them trimmed.	
248		Any vines above 12 feet require the services of an arborist, at an additional cost.	
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	It is likely that Florida Landscape and other companies would provide a quote for
trimming back landscape on bike lanes, as well as any invasive vine removal.

Vice Chairperson Kerins MOVED to authorize the District Manager to solicit proposals to trim the bike lanes and any invasive vines on CDD property in an amount not to exceed $15,000; and Chairperson Schewitz seconded the motion.

	Former Chairperson Grado discussed the condition of the property.
	The vines will continue to come back.
There being no further discussion,

On VOICE vote, with all in favor, the prior motion was approved.

TENTH ORDER OF BUSINESS	Attorney’s Report
A.	Discussion of CDD Roadway Parking Rules
	A Public Hearing will have to be coordinated to adopt the new rule.
	The CDD currently does not have a rule.
	The CDD does have the ability to tow.
	These rules are similar to those of Marco Island.
	These rules would dictate issuance of passes.
	Construction vehicles would only be permitted to park during the day when a
residence is being built or worked on.
	Item 3C will have to be clarified specifically regarding work to be done only during
the day, with no overnight parking permitted.
	Mr. Urbancic will attach a depiction of the roadways from the Property Appraiser
to serve as Exhibit A.
	This rule may be approved without any involvement from Marco Island, as they are
CDD roadways.
	Any exceptions to overnight parking would have to be approved by the District
Manager.

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281	A timeline for Section 5 was discussed. This is not necessary because the vehicle	
282	can be immediately towed. A dated and timed warning notice, as well as a violation	
283	notice should be put on the car.	
284	Posting of signage was discussed. One sign is sufficient at the entrance.	
285	Mr. Urbancic was authorized to edit the document as discussed and move forward	
286	with the documents.	
287	Mr. Urbancic will present the edited documents at the next meeting.	
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ELEVENTH ORDER OF BUSINESS	Manager’s Report
A.	Acceptance of the Financials
Mr. Faircloth presented the September 30, 2019 Financials for the Board’s review and
acceptance.
	The legal bills have been extremely high in the last two months.
	Individuals other than CDD Board members and Mr. Faircloth, should not be
contacting District Counsel.

On MOTION by Chairperson Schewitz, seconded by Supervisor McFarland, with all in favor, the September 30, 2019 Financials were accepted.

	Legal invoices and Inframark invoices will be included in future agenda packages.
B.	Consideration of Fiscal Year 2019 Audit Engagement Letter
Mr. Faircloth presented the Fiscal Year 2019 Audit Engagement letter for the Board’s
review and approval.
	The District is not at the point of having to solicit auditing services.
	Transfer of landscaping responsibilities to the HOA does not lessen the audit.

On MOTION by Supervisor McFarland, seconded by Chairperson Schewitz, with all in favor, the Audit Engagement Letter from Grau & Associates, to perform the Audit for the Fiscal Year Ended September 30, 2019 was approved.

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C.	Consideration of Modification to FEMA Agreement
i.	FEMA Update
	Florida Department of Emergency Management has reached a milestone with
FEMA and has paid so much money, that FEMA is increasing their obligation
amounts.
	This agreement will supersede all prior agreements.
	Additional funding to the District is anticipated.
	Mr. Urbancic concurred with the agreement.

On MOTION by Supervisor McFarland, seconded by Chairperson Schewitz, with all in favor, Modification #Z0113-5 to Subgrant Agreement with the Division of Emergency Management, was approved.

D.	Discussion of HOA Financial Statements
G.	Discussion of Landscape Expenses
	These two items are the same.
	Mr. Faircloth discussed the background regarding the issue and the discussion with
the HOA. Mr. Faircloth wrote a synopsis of his discussion with representatives
from the HOA and Chairperson Schewitz to Mr. Urbancic.
	The calculation was discussed.
	There is a Statute of Limitations of four years according to Mr. Urbancic.
	Mr. Urbancic discussed possible overpayment by the CDD. He stated that because
of the uncertainty regarding the exact expenditures, the fact that the HOA has
already claimed they have offsets or claims against the CDD, and the cost of trying
to pursue this, does not make sense.

Chairperson Schewitz MOVED to conclude the investigation regarding possible misappropriation of CDD funds for payment of possible HOA landscape expenses at the advice of District Counsel, due to the uncertainty of the exact expenditures, the fact that the HOA may have offsets or claims against the CDD, and the cost to pursue any amounts, pending agreement by the HOA; and Supervisor McFarland seconded the motion.

	Mr. Urbancic concurred with the motion, as stated.
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There being no further discussion,

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352		On VOICE vote, with all in favor, the prior motion was approved.	
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354	E.	Motion to Assign Fund Balances	
355		The Board decided to keep the funds as unassigned.	
356	F.	District Manager Credit Card Approval	
357		The item was tabled.	
358			
359	H.	Follow-Up Items	
360		i.	Gatehouse Painting	
361		The painting should be completed by the end of this week.	
362		ii.	Gatehouse Camera System Discussion	
363		The system was installed. Mr. Kevin Kerins and Mr. Faircloth are scheduled to go	
364		over the system after the Board meeting.	
365		Mr. Kerins has the master account.	
366		Supervisor McFarland expressed concerned about residents having access to	
367		private information about other residents.	
368		iii.	Cypress Access Gatehouse Recommendations	
369		A Cypress Access representative indicated the current equipment is functional.	
370		However, if something happens to the call box system, it is going to be difficult to	
371		obtain parts.	
372		At some point in the future, long-term decisions will have to be made regarding the	
373		system.	
374		The Board requested Cypress Access make a presentation at the next meeting.	
375		The Board requested that the sensor to open the exit gate be deactivated during the	
376		next monthly maintenance event and the underground loop be activated. Supervisor	
377		McFarland is to test the loop system with a bike and moped during the next	
378		maintenance event.	
379		The Board requested that gatehouse staff stop permitting entrance to cyclists one	
380		hour before the end of their shift to allow cyclists time to exit the community while	
381		the staff is still on site.	

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382	Mr. Faircloth does not have a key to the gatehouse. The guard has a set of keys, as	
383	well as Ms. Maline.	
384	iv.	Gatehouse Guard Email Account Discussion	
385	A generic gmail account was sent up for the guard.	
386	Mr. Faircloth has asked Securitas to stop using that account.	
387	It is used by the HOA to notify members and enter decal numbers among other	
388	items.	
389	Everything should be communicated through Securitas.	
390	Public records requests should be forwarded to Mr. Faircloth.	
391	Mr. Faircloth will send the appropriate email address to Ms. Maline. The gmail	
392	account will no longer be used.	
393	v.	Condition of Roadway Utility Boxes/Structures	
394	There are a number of utility structures along the road in various states of disrepair.	
395	There  are  manhole  cover,  telephone  and  cable box issues.	These are on the	
396	easement along the right-of-way. Anyone doing work for a service provider is	
397	allowed access.	
398	This is an HOA issue. The HOA will pursue this item.	
399	Mr. Faircloth discussed post orders.	
400	The CDD cannot prevent people or vehicles from entering the property, as the roads	
401	are public.	
402	Supervisor McFarland advised including the revised post orders in the next agenda	
403	package.	
404	Visitor parking cards were discussed.	
405	Replacement No Parking on the Grass and Beware of Tortoises signs are needed.	
406	The Board directed Mr. Faircloth to have cards printed.	
407	The cards may need to be revised when the rules for parking are revised.	
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409	TWELFTH ORDER OF BUSINESS	Supervisors’ Requests and Comments
410	Vice Chairperson Kerins discussed an issue concerning roots of Oak Trees and Royal
411	Poinciana Trees growing onto the roads.
412		A root barrier system will be installed.
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THIRTEENTH ORDER OF BUSINESS	Discussion of Inframark Contract
	Mr. Koncar discussed the contract.
	The size and workload for the community are far in excess of what has been done
for other Inframark Districts.
	The price for the contract will have to be increased.
	This item was discussed solely by the Board, and was not recorded.
	The Board would like to mutually terminate the Inframark contract in 30 days. The
Board would like to reinstate the accounting contract.
	Mr. Urbancic read the requested motion into the record.

Chairperson Schewitz MOVED to enter into a mutual agreement for termination with Inframark, effective in 30 days, with the District entering into a new contract with Inframark for accounting services only, based on the previously-existing terms.

	Mr. Koncar requested additional verbiage, authorizing the District Manager to
execute the agreement subject to legal review.

Vice Chairperson Kerins SECONDED the prior motion as discussed.

There being no further discussion,

On VOICE vote, with all in favor, the mutual agreement for termination with Inframark, effective in 30 days, with the Districting entering into a new contract with Inframark for accounting services only, based on the previously-existing terms, was approved, and the Chairperson was authorized to execute said agreements, subject to legal review.

	Mr. Urbancic suggested a motion for the CDD to enter into a contract with the HOA
to provide District management services.

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Chairperson Schewitz MOVED to enter into a contract with the HOA to provide District management services in the amount of
$55,000 for the balance of the year, on the condition that the HOA Manager report to the CDD Chairperson on the same general terms, and the Chairperson was authorized to execute said contract; and Supervisor Stanton seconded the motion.

	The amount of $55,000 should be prorated for this year.
There being no further discussion,

On VOICE vote, with all in favor, the prior motion was approved, as discussed.

FOURTEENTH ORDER OF BUSINESS	Audience Comments
An audience member commented on the following item:
	Rules regarding contractors who solicit business.

TWELFTH ORDER OF BUSINESS	Supervisors’	Requests	and	Comments
(Continued)
	Mr. Faircloth indicated during the meeting he received a revised invoice from
Crawford Landscaping with a ten percent discount for the Cinch Bug treatment,
which was approved in June. Both CDD and HOA turf were treated. Supervisor
McFarland indicated it should be paid. The cost is $7,324.00.

On MOTION by Chairperson Schewitz, seconded by Vice Chairperson Kerins, with all in favor, payment of the invoice from Crawford Landscaping in the amount of $7,324.00 for a Cinch Bug treatment on both CDD and HOA property was approved.

	Chairperson Schewitz would like to change the next meeting from November 20,
2019 to November 19, 2019 at 8:30 a.m. The advertisement will have to be re-
noticed.

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October 16, 2019	Key Marco CDD

On MOTION by Chairperson Schewitz, seconded by Supervisor McFarland, with all in favor, the next CDD Meeting shall be changed from Wednesday, November 20, 2019 at 8:30 a.m. to Tuesday, November 19, 2019 at 8:30 a.m., to be held at the Key Marco Community Center, located at 505 Whiskey Creek Drive, Marco Island, Florida.

	Inframark will prepare the next agenda package.

FIFTEENTH ORDER OF BUSINESS	Adjournment
There being no further business,

On MOTION by Chairperson Schewitz, seconded by Supervisor McFarland, with all in favor, the meeting was adjourned.

502	 		 		
503	 		Mary Beth Schewitz	
504	 		Chairperson	

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Fifth Order of Business

10/16/19 – Key Marco CDD Meeting

Action Items

Recording – Update the minutes as directed and post as required.
Justin/Supervisor Stanton – Provide Form 1 for Supervisor Stanton to file along with instructions for oath of office filing.
Justin/Recording – Develop Supervisor vacancy announcement and send to the Master Association along with the request to solicit comments regarding roadway lighting.
Supervisors Stanton & Kerins – Make the necessary arrangements for the Holiday lighting.
Justin/Attorney/Supervisor Schewitz – Engage in contract negotiations with Hole Montes.
Justin/Mr. Kerins – Review the bridge and obtain proposals as needed.
Justin – Have estimates #613 & 641 completed by Landscape Florida.
Justin – Seek proposals to remove vines/branches in the bike lanes and dodder vines in CDD areas.
Attorney – Revise the roadway parking rules.
Finance – Include invoices from Inframark and Coleman Yovanovich Koester in the financials going forward.
Justin/Finance – Submit FY2019 Audit Engagement Letter.
Justin – Invite Cypress Access representatives to attend the next CDD meeting, have the sensor deactivated and the loop reactivated during the next maintenance event and have this visit coordinated with Supervisor McFarland.
Justin – Infor Securitas staff of the pending gate change and the decision by the Board regarding Cyclists.
Justin – Forward the new guard email address to the Master Association.
Justin/Recording – Include the Securitas Post orders in the next agenda packet.
Justin/Supervisor Kerins – Have root barrier installed on the south side of the bridge.
Attorney/Supervisor Schewitz – Develop contract with Inframark for accounting services and contract with the Master Association for District Management Services.
Justin – Process invoice 244953 for Crawford Landscaping.
Justin/Recording – Publish the new meeting date for the November meeting.
Justin – Negotiate a storm clean up agreement.
Finance – Note that due to the adoption of the Facilities Maintenance Agreement with the Key Marco Community Association (section 7), future draft budgets will need to be presented prior to April 30th each year.
Justin – Have the pressure washing performed on a quarterly basis.
Recording – Update the resolution list.
Justin – Reach out to Koala-T Painting regarding their proposal, and have the painting performed at the gatehouse.
Justin/Finance –Obtain necessary banking documents as a result of the officer changes.
Justin/Attorney – Develop agreement for the upcoming event with YMCA of South Collier.
Justin – Seek PRIA – reimbursement for No outlet sign as a safety item.
Justin – obtain parking cards for guards to hand out.

Sixth Order of Business

6A.

TERMINATION AGREEMENT

THIS TERMINATION AGREEMENT (this “Termination Agreement”) is made as of this
         day of October, 2019, by and between INFRAMARK, LLC, a Texas limited liability company (the “Consultant”) and KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, a community development district established and existing pursuant to Chapter 190, Florida Statutes (the “District”).

WITNESSETH:

WHEREAS, the Consultant and the District entered into that certain Agreement Between Key Marco Community Development District and Inframark, LLC For Management Services dated May 20, 2019 (the “Management Agreement”) relating to Consultant providing management services to the District; and

WHEREAS, capitalized terms not otherwise defined in this Termination Agreement shall have the meaning set forth in the Management Agreement.

WHEREAS, the Consultant and the District have decided to mutually terminate the Management Agreement.

NOW, THEREFORE, the Consultant and the District hereby agree to terminate the Management Agreement, and declare that the Management Agreement shall be of no further force or effect, as of 11:59
p.m. on November 15, 2019 (“Termination Date”). The Consultant shall be paid the monthly installment of the Annual Management Fee on a prorated basis for services rendered and all other costs and charges incurred under Exhibit B through the Termination Date. Except for such prorated portion of the monthly installment and all other costs and charges incurred, the District shall have no further payment obligation to the Consultant under the Management Agreement.

IN WITNESS WHEREOF, this Termination Agreement is entered into as of the date and year first above written.

CONSULTANT: INFRAMARK, LLC,
a Texas limited liability company

By:		 Chris Tarase, Vice President of Management Services

DISTRICT:

KEY MARCO COMMUNITY
Attest:	DEVELOPMENT DISTRICT

By: 	

Justin Faircloth, Secretary	Mary Beth Schewitz, Chair

6B.

AGREEMENT BETWEEN
KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AND
INFRAMARK, LLC FOR FINANCIAL SERVICES

THIS AGREEMENT is made and entered as of this this 16th day of November, 2019 (the “Effective Date”) by and between KEY MARCO COMMUNITY DEVELOPMENT DISTRICT (“DISTRICT”), a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, being situated in the City of Marco Island, Collier County, Florida and INFRAMARK, LLC, a Texas limited liability company (“CONSULTANT”), whose address is 210 North University Drive, Suite 702, Coral Springs, Florida 33071.

WITNESSETH:

WHEREAS, the DISTRICT desires to employ the services of the CONSULTANT for providing the DISTRICT with certain financial services as more fully set forth in Exhibit A hereunder; and

WHEREAS, the CONSULTANT desires to provide such services to the DISTRICT
subject to the terms hereof.

NOW, THEREFORE, in consideration of the mutual covenants and agreements expressed herein the parties agree as follows:

ARTICLE 1. SCOPE OF SERVICES AND CONSULTANT RESPONSIBILITIES

The DISTRICT hereby engages the CONSULTANT to be the exclusive provider of the services described and set forth in Exhibit A and for the compensation described in Exhibit B, attached hereto and incorporated by reference herein.

The CONSULTANT may offer and/or the DISTRICT may request that additional services be provided under this Agreement. If the CONSULTANT and the DISTRICT agree upon a change in the scope of services to be provided under this Agreement, the change in compensation, if any, shall be agreed between the DISTRICT and CONSULTANT in writing and will be invoiced in accordance with this Agreement.

The CONSULTANT shall devote such time as is necessary to complete the duties and responsibilities assigned to the CONSULTANT under this Agreement.

All services will be rendered by and under the supervision of qualified staff in accordance with applicable law, industry standards, and the terms and conditions set forth in this Agreement. Even though CONSULTANT’S staff may include licensed attorneys and engineers, the DISTRICT acknowledges that CONSULTANT is not performing in the capacity of a law firm or an engineering firm when providing services under this Agreement. Other than the requirement to render the services as set forth in this Section

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and Exhibit A, CONSULTANT makes no specific representation or warranty regarding the services or any deliverables to be provided hereunder and all warranties arising by custom or usage in the profession, or arising by operation of law are hereby expressly disclaimed.

If the scope of services hereunder requires the CONSULTANT to administer or supervise the DISTRICT’S employees, the CONSULTANT shall not be responsible for any damages, losses, settlement payments, deficiencies, liabilities, costs, and expenses resulting from the failure of the DISTRICT’s employees to follow the instructions of the CONSULTANT. Similarly, if during providing the services required by this Agreement, the CONSULTANT follows the instructions of the DISTRICT, the CONSULTANT shall not be responsible for any damages, losses, settlement payments, deficiencies, liabilities, costs and expenses resulting therefrom.

In performing the services hereunder, CONSULTANT may rely on information supplied by the DISTRICT, or others, and CONSULTANT shall not be required to independently verify the accuracy and completeness of such information, unless specifically directed to do so by the DISTRICT. CONSULTANT is not responsible for any inaccuracies or errors contained in information relied on by CONSULTANT and supplied by the DISTRICT, or others. In addition, although the CONSULTANT may participate in the accumulation of information developed by others necessary for use in documents required by the DISTRICT, CONSULTANT is not responsible for verifying the accuracy of such information, except with respect to all services being provided by CONSULTANT as to the finances and accounting of the DISTRICT and as otherwise provided herein.

The CONSULTANT acknowledges and agrees that it owes a duty of loyalty, fidelity and allegiance to act always during the term of this Agreement in the known interests of the DISTRICT and to not knowingly take any action which would injure the DISTRICT’s business, its interests or its reputation. Further, the CONSULTANT shall not, during the term of this Agreement, engage in any activity which constitutes a Conflict of Interest (as defined below). For purposes of this Agreement, “Conflict of Interest” means any act or activity, or any interest about, or any benefit from any act or activity, which knowingly is averse to the interests of or would in any material way injure the DISTRICT. Notwithstanding any provision to the contrary contained herein, this Section 1.7 shall not prohibit the CONSULTANT from (a) performing water and wastewater utility management, customer services, utility billing, operation and maintenance services to the DISTRICT under a separate agreement; and (b) providing for the benefit of any other District services like the services provided to the DISTRICT hereunder. DISTRICT hereby waives all conflicts of interest or potential conflicts of interest in connection therewith, it being specifically agreed to and understood that CONSULTANT’S provision of any such services to the DISTRICT or to any other District shall not constitute a conflict of interest under this Agreement. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee or previously retained sales consultant, 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 the CONSULTANT or a previously retained sales consultant any fee,

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commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement.

The CONSULTANT warrants and represents that it shall refrain from unlawful discrimination in performing its obligations under this Agreement.

The DISTRICT acknowledges and agrees that in the course of providing the Services, it may be necessary for CONSULTANT to use DISTRICT computer systems, data systems, or networks, or to come into contact with DISTRICT residents' personal information. DISTRICT shall notify CONSULTANT of any protocols for said systems and information, and CONSULTANT shall follow all such protocols as provided, and shall not be liable for the loss or compromise of DISTRICT systems or information. If no protocols are provided, then CONSULTANT shall treat such systems and information with the same degree of care and confidentiality as it treats its own systems and information, but no less than a reasonable degree of care. Notwithstanding anything in this Agreement to the contrary, CONSULTANT is not liable for any liabilities, losses, damages, expenses, fines or penalties incurred by the DISTRICT or any third party as a result of a data security breach or other cyber security breach to the DISTRICT's computer systems, operating systems and all other technological or information systems related to the services provided hereunder, except to the extent such liability, loss, damage, expense, fine or penalty is the direct result of CONSULTANT's gross negligence or willful misconduct.

ARTICLE 2. REPRESENTATIONS AND WARRANTIES OF THE DISTRICT

DISTRICT represents and warrants that this Agreement, DISTRICT’S execution and delivery of this Agreement and DISTRICT’S performance of its obligations hereunder, have been duly and validly authorized by DISTRICT by all necessary action. This Agreement has been validly executed and delivered by DISTRICT and constitutes a legal, valid and binding obligation of DISTRICT, enforceable in accordance with its terms.

DISTRICT shall perform all duties and discharge all responsibilities and obligations not expressly assumed by the CONSULTANT pursuant to the terms of this Agreement.

ARTICLE 3. COMPENSATION

Commencing as of the Effective Date, DISTRICT shall pay CONSULTANT an annual fee of $22,000.00 (“Annual Financial Services Fee”) and all other applicable costs and charges as set out in Exhibit B. (For the sake of clarity, however, because the initial Term (as defined below) of this Agreement is less than a full year, the Annual Financial Services Fee for the initial Term shall be prorated accordingly.) CONSULTANT shall issue a monthly invoice on the first of the month for the Annual Financial Services Fee in equal monthly installments of $1,833.33 for the Services to be provided that month and for all other costs and charges permitted under this Agreement. Payment to the CONSULTANT for all services rendered shall be made within thirty (30) days after the CONSULTANT’s issuance of an invoice, in accordance with Florida law.

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Any disputes regarding invoices shall be raised, in writing setting forth sufficient detail regarding the nature of the dispute, within twenty (20) business days from the date of said invoice. If DISTRICT does not properly raise a dispute with an invoice within twenty
(20) business days from the date of said invoice, any such disputes will be waived.

Any and all late payments due to CONSULTANT from DISTRICT shall accrue interest at a rate of one and one-half percent (1½%) per month from the original due date and until payment is received, unless waived by agreement. Disputed payments shall not be deemed late payments and shall not accrue interest except and until thirty (30) days after a judicial determination or other mutual resolution between the parties.

For each Fiscal Year of the DISTRICT, the compensation payable to the CONSULTANT under the terms and conditions of this Agreement shall be in an amount approved by the DISTRICT in its final Fiscal Year budget. Each Fiscal Year the DISTRICT will consider price adjustments to compensate for market conditions and the anticipated type and amount of work to be performed by the CONSULTANT during the upcoming Fiscal Year of the DISTRICT. In no event shall the compensation payable to the CONSULTANT be reduced, unless agreed to by the DISTRICT and CONSULTANT, in writing.

If the Fiscal Year budget is not approved prior to the first day of the Fiscal Year, the CONSULTANT’S compensation under this Agreement will continue at the rate currently in effect at the time of renewal. The subsequent approval of the budget will result in a retroactive fee adjustment, which will be invoiced in the first month following approval of the budget.

Payment of ancillary service costs such as copies, overnight express and other charges as set forth in Exhibit B will be included in the monthly billing statement.

In the event of a change in the services or applicable law or other factor which causes an increase in the CONSULTANT’s cost of providing the services, the CONSULTANT may provide notice to the DISTRICT and the parties shall negotiate in good faith to adjust the Annual Financial Services Fee to account for such change in CONSULTANT’s costs. If the parties are unable to reach a negotiated agreement within thirty (30) days of the date of notice, then the contract may be terminated immediately by the CONSULTANT.

ARTICLE 4. TERM

This Agreement shall be effective as of the Effective Date and the initial term shall continue through September 30, 2020 (the “Term”), unless terminated pursuant to the provisions of Section 4.2. Thereafter, this Agreement shall automatically be extended for additional one
year periods pursuant to the terms hereof (an “Annual Renewal Term”) unless otherwise terminated pursuant to the provisions of Section 4.2 or either party provides written notice of non-renewal to the other party no later than thirty (30) days prior to the expiration of the Term or Renewal Term, as applicable. Each Renewal Term shall be on the same terms and conditions as the immediately preceding Term or Annual Renewal Term, as applicable, unless otherwise agreed to by the parties or otherwise specifically set forth herein.

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This Agreement may be terminated as follows:
Either party may terminate this Agreement by immediate written notice if the other has failed to comply with a material term, provided that the non-defaulting party has first given the defaulting party written notice to cure its default within thirty
(30) days (“Cure Period”) and the defaulting party has not done so prior to the expiration of the Cure Period. If a default cannot be cured within the Cure Period, the parties may agree to an extension of the time to cure provided the defaulting party provides reasonable evidence within the Cure Period that it has identified a means to cure and is pursuing it diligently.
Either party may terminate this Agreement with or without cause at any time during the term hereof by giving the other party at least thirty (30) days’ prior written notice of termination.
This Agreement shall automatically terminate upon the dissolution or court declared invalidity of the DISTRICT.

In the event of the termination of this Agreement under Section 4.2 above, DISTRICT shall pay CONSULTANT the Annual Financial Services Fee on a prorated basis for services rendered by CONSULTANT up to the effective date of termination.

Upon the termination of this Agreement, CONSULTANT will take all reasonable and necessary actions to transfer in an orderly fashion to the DISTRICT or its designee all the DISTRICT’s books and records in CONSULTANT’s possession. In addition, within thirty (30) days of termination of this Agreement, CONSULTANT shall be paid in full for all services rendered through the date of termination.

ARTICLE 5. RISK MANAGEMENT

The CONSULTANT shall provide and maintain the following levels of insurance coverage always subsequent to the execution of this Agreement:
Professional Liability insurance with an aggregate limit of two million dollars ($2,000,000); and
Commercial Crime insurance with a per loss limit of one million dollars ($1,000,000).
The DISTRICT shall be named as an additional insured on all policies required. The CONSULTANT shall furnish the DISTRICT with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the DISTRICT unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the DISTRICT. Insurance coverage shall be from a reputable insurance carrier acceptable to the DISTRICT, who is licensed to conduct business in the State of Florida, and such carrier shall have a Best’s Insurance Reports rating of at least A-VII.

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To the maximum extent permitted by law, during the term of this Agreement, each party (the “Indemnifying Party”) shall defend, indemnify and hold harmless the other party and their respective successors and assigns (each is referred to herein as an “Indemnified Party”) against any and all liability for damages, costs, losses and expenses, including reasonable attorney’s fees, resulting from any claim asserted by a third party against the Indemnified Party for wrongful death, bodily injury and/or property damage, but only to the extent caused by the willful or negligent acts or omissions of the Indemnifying Party. Nothing herein shall constitute or be construed as a waiver of the protections, immunities and limitations of liability afforded the DISTRICT pursuant to Section 768.28, Florida Statutes. If the DISTRICT receives notice of or undertakes the defense or the prosecution of any action, claim, suit, administrative or arbitration proceeding or investigation consistent with DISTRICT’s indemnity obligations hereunder, the DISTRICT shall give the CONSULTANT prompt notice of such proceedings and shall inform the CONSULTANT in advance of all hearings regarding such action, claim, suit, proceeding or investigation.

Notwithstanding any provision to the contrary contained in this Agreement, in no event shall either party be liable, either directly or as an indemnitor, to the other, for any special, punitive, indirect and/or consequential damages, including damages attributable to loss of use, loss of income or loss of profit even if the other party has been advised of the possibility of such damages.

If claim(s) raised against the CONSULTANT because this Agreement, or because the services performed hereunder, is/are covered under CONSULTANT’s insurance policies required hereunder, the CONSULTANT shall not be responsible for any loss, damage or liability beyond any payments made pursuant to the policies contractually required hereunder and the limits and conditions of such insurance policies. With respect to any other cause of action and/or claim arising under this Agreement, or otherwise arising because of, or because, the services provided hereunder, CONSULTANT’s liability shall not exceed an amount equal twice the amount of the annual compensation for such services during the Agreement year in which such cause of action and/or claim is raised against the CONSULTANT; provided, however, that such limitation shall not apply to the (i) indemnification obligation of Section 5.2 or (ii) liabilities arising from fraud, gross negligence or willful misconduct of CONSULTANT arising out of CONSULTANT’s failure to carry out its duties under this Agreement consistent with the financial protocols set forth in Section 5.5. In cases in which CONSULTANT has followed the protocols established in Section 5.5 in carrying out its duties under this Agreement, liability for claims of fraud, gross negligence or willful misconduct against CONSULTANT will be subject to the limits of liability set forth in this Section.

CONSULTANT herein agrees to abide by and follow the financial protocols set forth below in carrying out its financial duties on behalf of the District as set forth in the Scope of Services in Exhibit A.
CONSULTANT agrees to provide access to the Chairperson and Treasurer for the District to the Avid Xchange (accounts payable system) System from which all District invoices are paid. In addition, CONSULTANT agrees that it will establish an approval process for the Chairperson or Treasurer to approve invoice payments

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through the Avid Xchange process prior to District invoices being paid by CONSULTANT. CONSULTANT will only pay invoices approved in accordance with these procedures.
CONSULTANT will also establish an approval system that will require the approval of the Chairperson for the District of all wire transfer payments of District funds. Due to the specific deadlines associated with wire transfer payments, the Chairperson will not unreasonably delay appropriate approvals of such transfer payments. CONSULTANT will only wire transfer funds approved in accordance with these procedures.

ARTICLE 6. MISCELLANEOUS

Entire Agreement

The foregoing terms and conditions constitute the entire Agreement between the parties hereto and any representation not contained herein shall be null and void and no force and effect. Further this Agreement may be amended only in writing upon mutual consent of the parties hereto.

Amendments

No amendments and/or modifications of this Agreement shall be valid unless in writing and signed by each of the parties.

Construction

In construing this Agreement, the following principles shall be followed: (i) no consideration shall be given to the captions of the articles, sections, subsections or clauses, which are inserted for convenience in locating the provisions of this Agreement and not as an aid in construction; (ii) no consideration shall be given to the fact or presumption that any of the Parties had a greater or lesser hand in drafting this Agreement; (iii) examples shall not be construed to limit, expressly or by implication, the matter they illustrate; (iv) the word “includes” and its syntactic variants mean “includes, but is not limited to” and corresponding syntactic variant expressions; (v) the plural shall be deemed to include the singular, and vice versa; (vi) each gender shall be deemed to include the other genders; (vii) each exhibit, appendix, attachment and schedule to this Agreement is a part of this Agreement; and (viii) any reference herein or in any schedule hereto to any agreements entered into prior to the date hereof shall include any amendments or supplements made thereto.

Force Majeure

A party’s performance of any obligation under this Agreement shall be excused if, and to the extent that, the party is unable to perform because of any event of “Force Majeure.” In any such event, the party unable to perform shall be required to resume performance of its obligations under this Agreement as soon as reasonably practicable following the termination of the event or because that excused performance hereunder. Force Majeure is defined as any act, event, or condition to the extent that it adversely impacts the cost of performance of, or adversely affects the ability, of either party to perform any obligation under this Agreement (except for payment obligations) if such act, event or condition, in light of any circumstances that should have been

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known or reasonably believed to have existed at the time, is beyond the reasonable control and is not a result of the willful or negligent act, error, omission or failure to exercise reasonable diligence on the part of the party relying thereon.

Notices

All notices required in this Agreement shall be sent by (i) certified mail, return receipt requested with postage prepaid, (ii) hand-delivery, (iii) overnight express carrier with next business day delivery guaranteed, addressed to the following addresses, or such other address as either party shall specify hereinafter in written notice to the other party:

If to CONSULTANT:	Inframark, LLC
210 North University Drive, Suite 702 Coral Springs, Florida 33071
Attn: Chris Tarase, Vice President of Infrastructure Management Services
Email: chris.tarase@inframark.com

With copy to:	Inframark, LLC
Attn: Legal Department
220 Gibraltar Road, Suite 200
Horsham, PA 19044
Email: michael.alpago@inframark.com

If to DISTRICT:	Key Marco Community Development District
Attn: Katie Maline, Manager 505 Whiskey Creek Drive Marco Island, Florida 34145
Email: katie@managerkeymarcohoa.org

Key Marco Community Development District Attn: Mary Beth Schewitz, Chair
505 Whiskey Creek Drive Marco Island, Florida 34145 Email: kmcddchair@aol.com

With a copy to:	Gregory L. Urbancic, Esq.
Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
Email: gurbancic@cyklawfirm.com

Any notice sent by certified mail be deemed received on the third (3rd) business day following the day the notice is provided to the U.S. Postal Service; when delivered to the party if hand-delivered; upon transmission if sent by email; or on the next business day following the day sent, if sent by overnight express courier with next business day delivery guaranteed.

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Governing Law

This Agreement shall be governed by the laws of the State of Florida. Sole and exclusive venue for all legal action necessary to enforce the Agreement shall be in Collier County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof.

Dispute Resolution

In the event of any disputes, the parties shall first attempt to resolve the situation by good faith discussions which shall take place in a timely manner. If the dispute cannot be resolved within thirty (30) days, the parties shall mediate their dispute before a mediator who is an attorney licensed in Florida, certified as a Circuit Court Mediator by the Supreme Court of Florida and otherwise acceptable to both parties. The parties shall have fifteen
(15) days to agree upon a mediator. If the parties cannot agree upon a mediator within such fifteen (15) day period, they shall ask the 20th Judicial Circuit Mediation Program to nominate a mediator, which nomination shall be deemed acceptable to both parties. The parties shall bear their own costs of the mediation, but the parties shall share equally the costs of the mediator and the mediation facilities.

Independent Contractor

The relationship of CONSULTANT and DISTRICT is that of independent contractor for all purposes under this Agreement. This Agreement is not intended to create, and shall not be construed as creating, between CONSULTANT and DISTRICT, the relationship of principal and agent, joint ventures, co-partners or any other similar relationship, the existence of which is hereby expressly denied.

Waivers

The failure on the part of either party to enforce its rights as to any provision of this Agreement shall not be construed as a waiver of its rights to enforce such provisions in the future.

Non-Solicitation

Neither party may actively solicit, for hire, the employees of the other party during the term of this Agreement. In the event of termination, cancellation or failure to renew as set out in this Agreement, DISTRICT agrees, for a period of eighteen (18) months from the date of termination, not to engage or attempt to engage the services of anyone who is employed by CONSULTANT (or was employed by CONSULTANT at any time within one year prior to the date of termination) for the performance of services identical to or substantially like those described herein in this Agreement. In the event of a breach of the foregoing covenant, both parties agree that DISTRICT shall pay to CONSULTANT, as liquidated damages, an amount equal to the Annual Financial Services Fee as set forth in Exhibit B.

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Assignment

Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld.

Counterparts

This Agreement may be executed in more than one counterpart, each of which shall be deemed an original.

Public Records

In connection with its services to the DISTRICT, the CONSULTANT agrees to fully comply with the provisions of Section 119.0701, Florida Statutes pertaining to Florida’s Public Records Law. Said compliance will include the CONSULTANT taking appropriate and necessary steps to comply with the provisions of Section 119.0701(2)(b), Florida Statutes including, without limitation, the following:

The CONSULTANT shall keep and maintain public records required by the
DISTRICT to perform the services hereunder.

Upon a request for public records received by the DISTRICT, the CONSULTANT shall provide the DISTRICT 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 Chapter 119, Florida Statutes or otherwise provided by law.

The CONSULTANT shall 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 agreement term and following completion of this Agreement if the CONSULTANT does not transfer the records to the DISTRICT.

Upon completion of this Agreement, the CONSULTANT shall transfer, at no cost, to the DISTRICT all public records in possession of the CONSULTANT consistent with Florida law. All records stored electronically by the CONSULTANT must be provided to the DISTRICT, upon request from the DISTRICT’s custodian of public records, in a format that is compatible with the information technology systems of the DISTRICT.

Failure of the CONSULTANT to comply with Section 119.0701, Florida Statutes may subject the CONSULTANT to penalties under Section 119.10, Florida Statutes. Further, in the event the CONSULTANT fails to comply with this Section or Section 119.0701, Florida Statutes, the DISTRICT shall be entitled to all remedies at law or in equity. The following statement is required to be included in this Agreement pursuant to Section 119.0701(2), Florida Statutes:

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IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT KATIE MALINE C/O KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, TELEPHONE:	(239)	394-4336,	EMAIL: KATIE@MANAGERKEYMARCOHOA.COM, AND MAILING ADDRESS: 505 WHISKEY CREEK DRIVE, MARCO ISLAND, FL 34145.
The DISTRICT shall make all determinations as to what constitutes confidential or exempt public records.

{Remainder of page intentionally left blank. Signatures begin on next page.}

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IN WITNESS WHEREOF, the parties hereto have caused their respective agents to execute this instrument on their behalf, at the times set forth below.

Attest:

KEY MARCO COMMUNITY DEVELOPMENT DISTRICT

By:  	
Secretary/Assistant Secretary	Mary Beth Schewitz, Chair

INFRAMARK, LLC

By:  	
Witness	Chris Tarase – Vice President
of Management Services

Witness

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EXHIBIT A – SCOPE OF SERVICES

Financial Services
Upon request of the District, attend meetings of the DISTRICT’s Board of Supervisors and provide meaningful dialogue concerning the financials for the District for the amount shown in the Fee Schedule on Exhibit B.
Preparation of DISTRICT’s budget at the District’s direction.
Implementation of DISTRICT’s budget directives.
Preparation of monthly financial reports for the regular DISTRICT meetings.
  Work with the District Manager to ensure all required procedures for the DISTRICT  are properly followed and executed, including provision of required financial compliance and disclosure of financial information to local governments.
Provide all required annual financial disclosure information to the local government in the County in which the DISTRICT resides:
Audited Financial Statement
Ensure compliance with the following Florida Statutes:
Annual Financial Audit
Annual Financial Report
Public Depositor Report
Proposed Budget
Submit a preliminary budget to the DISTRICT’s Board of Supervisors in accordance with Chapter 190, Florida Statutes.
Modify preliminary budget for consideration by the Board of Supervisors at the DISTRICT’s advertised Public Hearing.
Coordinate budget preparation with DISTRICT’s Board, Engineer and Attorney.
  Prepare budget resolution approving the DISTRICT’s Manager’s budget and authorization to set public hearing.
  Review the budget resolution as prepared by the District Attorney. Prepare budget resolution adoptingin conjuction with the District Attonadopting the DISTRICT’s Manager’s budget, as modified by the Board of Supervisors.
Review agendas as prepared by the District Attorney for Prepare agendas for budget hearings.
Prepare required investment policies and procedures pursuant to Chapter 218, Florida Statutes at the DISTRICT’s direction.
Preparation of annual financial report for units of local government and distribution to the State Comptroller.
Preparation of Public Depositor’s Report and distribution to State Treasurer.
Coordination and distribution of Annual Public Facilities Report and distribute to appropriate agencies.
Preparation of all required schedules for year-end audit.
Oversee Provide financial information for the capital and general fund accounts. in the monthly financial statements. 

Records Management Services:
Provide public records follow up services for all public records requests related to
 DISTRICT’s financial records only. 

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Exhibit B - Fee Schedule

Annual Financial Services Fee
(Note: For the initial Term, the amount shall be prorated.)	$22,000 (annually)	

Schedule of Miscellaneous Charges:

The DISTRICT will be responsible for reimbursing CONSULTANT for applicable costs per the following fee schedule. All additional fees will be recorded by CONSULTANT and reimbursed by the DISTRICT monthly.
Attendance at Meetings of the Board of Supervisors either in person or by phone	$125.00 per hour plus any applicable reasonable travel expenses	
		
Mail Distribution		
General Distribution – Includes label, folding, insertion of up to two items and delivery to the post office	$0.35 per piece	
General Distribution – Additional inserts over two	$0.03 per additional page	
Labels	$0.07 each	
Certified Mail	Current rate charged by postmaster plus handling charge of $5.00	
Postage	Current rate charged by postmaster (no add on)	
Copies		
Black and white, single sided	$0.18 per copy, up to 100 copies
$0.10 per copy thereafter	
Color (single sided)	$0.50 per copy	
Black and white, duplex (two-sided)	$0.21 per duplex copy	
Special Services – Includes court appearances, performance of tasks other than contract schedule(s), requested attendance for special committee functions and research for special projects	$100.00 per hour	
File Storage – Records preceding those included in base fee (current year records plus two years previous) (Any boxes may be transferred to the District upon the request of the District)	$15.00 per box per month	
Notary service	Included	
Estoppel Letters for Sellers of Property – the CONSULTANT will charge the seller directly at rates approved by the District	Included	

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Seventh Order of Business

7C.

RESOLUTION 2020-02

A RESOLUTION DESIGNATING OFFICERS OF THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT

WHEREAS, the Board of Supervisors of the Key Marco Community Development District at a regular business meeting held November 12, 2019 desires to appoint the below recited persons to the offices specified.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT:

The following persons were appointed to the offices shown, to wit:

 	Chairperson
 	Vice Chairperson
 	Secretary
 	Treasurer
 	Assistant Treasurer
 	Assistant Secretary
 	Assistant Secretary

PASSED AND ADOPTED THIS, 12TH DAY OF NOVEMBER, 2019.

Chairperson

Secretary

Ninth Order of Business

9A.

Key Marco Community Development District
Rules Relating To Parking and Parking Enforcement
In accordance with Chapter 190, Florida Statutes, and on 	, 2019 at a duly noticed public meeting, the Board of Supervisors of Key Marco Community Development District (“District”) adopted the following rules (these “Rules”) policy to govern parking and parking enforcement on certain District property. These Rules repeal and supersede all prior rules and/or policies governing the same subject matter.

Section 1. Introduction. The District finds that Vehicles (hereinafter defined) parked on the rights- of-way within the District cause hazards and danger to the health, safety and welfare of District residents, paid users and the public. These Rules are intended to provide the District with the means to remove Vehicles from Tow-Away Zones (as defined below) designated by the District consistent with these Rules.

Section 2. Applicability. These District Parking and Towing Rules shall be applicable on, over, or  within the District ROWs (as defined below).

Section 3. Definitions.

Commercial Vehicle. Any vehicle not designed and used for normal personal/family transportation; vehicles with work racks, tool racks and/or visible equipment and/or vehicles bearing lettering, graphics, contact information, logos, advertising and/or any other commercial insignia); limousines, landscape maintenance vehicles, construction vehicles, vehicles for hire, or vehicles used in business of, or for the purpose of, transporting goods, equipment, passengers and the like, or any trucks or vans which are larger than one ton, or any dual-wheel trucks.

District ROWs. The District’s rights-of-way known as Whiskey Creek Drive and Blue Hill Creek Drive.

Mobile Vehicle. Any mobile item that normally includes wheels, whether motorized or not.

Park; Parked; or Parking. A Vehicle left unattended by its owner or user.

Recreational Vehicle. A vehicle designed for recreational use, which includes motor homes, campers and trailers relative to same.

Tow-Away Zone. District property in which parking is prohibited and in which the District is authorized to initiate a towing and/or removal action as further provided within these Rules.

Vehicle. Any Mobile Vehicle, Commercial Vehicle, Vessel, or Recreational Vehicle.

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Vessel. Every description of watercraft, barge, or airboat used or capable of being used as a means of transportation on water.

Section 4.  Parking in District  ROWs Prohibited.   Except as otherwise permitted in Section 6,   below, parking of Vehicles on, over or within the District ROWs is strictly prohibited.

Section 5. Establishment of Tow-Away Zones. The District ROWs, as depicted in Exhibit A, are designated as “Tow Away Zones”. Any Vehicle parked in violation of these rules may be towed by the District at the sole cost and expense of the owner of such Vehicle if it remains in violation of the terms and conditions of these Rules. The District shall not be liable to the owner of such Vehicle for trespass, conversion, damages, or otherwise, nor guilty of any criminal act by reason of such towing, and neither its removal nor failure of the owner of such Vehicle to receive any notice of said violation shall be grounds for relief of any kind. All towing shall be performed in accordance with Section 715.07, Florida Statutes.

Section 6. Exceptions.

District Vendors/Contractors. The District Manager or his/her designee may authorize vendors/contractors/consultants of the District (including their subcontractors) to park company Vehicles on District ROWs in order to facilitate District business or maintenance of District property. All Vehicles so authorized must be identified by a written parking pass from the District Manager.

Delivery Vehicles. Delivery vehicles, including but not limited to, FedEx, UPS, moving company vehicles, or car transports may park on District ROWs while actively engaged in the operation of such businesses.

Commercial Vehicles Providing Services. Commercial Vehicles including, without limitation, those relating to residential construction activity, may be parked on, over, or within the District ROWs only during the period of delivery or the provision of services to the adjacent residential unit(s).property. For sake of clarity, the foregoing sentence shall not be construed to permit Commercial Vehicles related to residential construction activity to be parked overnight on District ROWs. Except as may otherwise be permitted by these Rules, Commercial Vehicles related to residential construction activity may be parked in District ROWs only when actual construction activity is being performed on the adjacent residential property and shall not be parked on District ROWs during any period of inactivity.

Governmental Vehicles. Vehicles owned and operated by any governmental unit including, without limitation, the City of Marco Island Police Department, the Collier County Sherriff’s Office, and the City of Marco Island Fire-Rescue Department, may park on District ROWs while carrying out official duties.

Parking Passes. Residents within the District may apply for a temporary parking pass (a “Parking Pass”) that will allow such resident and/or guest to park a specific Vehicle in the District ROWs on a temporary basis. Requests for Parking Passes will be granted in accordance with the following:

Permits may not exceed seven (7) consecutive days. In no event may a Parking Pass be granted for more than fourteen (14) nights per year for one automobile, as identified by the automobile’s license plate number.

A resident interested in a Parking Pass may submit a request to the District Manager or his/her designee that includes the following information:

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The name, address and contact information of the owner of the Vehicle to which the Parking Pass will be granted;

The make/model and license plate of the Vehicle to which the Parking
Pass will apply;

The reason and special terms (if any) for the Parking Pass;

The intended location for the Vehicle parking; and

The date and time of the expiration of the requested Parking Pass.

It is the responsibility of the person(s) requesting a Parking Pass to secure all necessary documentation and approvals. Failure to secure all necessary documentation and approvals will result in the towing and/or removal of the Vehicle from the District’s ROW. Improperly permitted Vehicles parked in the District ROWs will be subject to towing.

Upon receipt and review of all required documentation as set forth above, the District Manager or his/her designee will issue a Parking Pass. A Parking Pass will be granted by way of written correspondence by the District Manager or his/her designee. No verbal grants of authority will be issued or be held valid.

The Parking Pass must be visibly displayed in the Vehicle at all times that the Vehicle is parked in the District ROWs.

Section 7. Conditions Relating to Exceptions.

Vehicles permitted to be temporarily parked within the District ROWs pursuant to Section 6 shall comply with the following provisions:

Vehicles shall be fully parked on a paved surface designed for parking or vehicular travel. No portion of a Vehicle shall be parked on, over, or within a landscaped or grassed surface of the District, including but not limited to the swale.

Vehicles shall not park in any manner that would have the effect of disrupting the normal flow of traffic, would block the ingress or egress of trucks, public service vehicles, and emergency vehicles and/or would require other vehicles to leave the paved surface of the District ROWs to pass.

Vehicles shall not park facing the wrong direction on the roadway.

Vehicles shall not park in any manner that blocks access to a driveway.

Vehicles shall not park in any manner that blocks a sidewalk or access to a
sidewalk.

Vehicles shall not park within thirty (30’) feet of the approach to a stop sign.

Vehicles shall not be covered or partially covered with a tarpaulin or other type of vehicle cover.

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No Vehicle shall be used as a domicile or residence either temporarily or
permanently.

Any Vehicle parked on the District ROWs must do so in compliance with all applicable laws, ordinances and codes.

Any Vehicle that cannot operate on its own power is prohibited from being parked on, over, or within the District ROWs, and shall immediately be removed.

No Vehicle bearing an expired registration, missing license plate or a license plate that fails to match the Vehicle’s registration shall be parked on, over, or within the District ROWs.

Section 6.	Towing/Removal Procedures.

Signage and Language Requirements. Notice of the Tow-Away Zones shall be approved by the District’s Board of Supervisors and shall be posted on District property in the manner set forth in Section 715.07, Florida Statutes. Such signage is to be placed in conspicuous locations, in accordance with Section 715.07, Florida Statutes.

Towing/Removal Authority. Any Vehicle parked in violation of these Rules may be towed at the Vehicle owner’s expense by a towing contractor approved by the District pursuant to Section 715.07, Florida Statutes. To effect towing/removal of a Vehicle, the District Manager or his/her designee must verify that the subject Vehicle was not authorized to park under the Rules provided herein,these Rules. Upon such verification, the District Manager or his/her designee shall place a written warning on the Vehicle. Such written warning shall include the time of issuance of the warning. If the Vehicle remains parked in the District ROWs for twenty-four (24) hours following the issuance of a written warning, the District Manager or his/her designee then mustmay contact a firm authorized by Florida law to tow/remove Vehicles for the removal of such unauthorized Vehicle at the owner’s expense. The Vehicle shall be towed/removed by the firm in accordance with Florida law, specifically the provisions set forth in Section 715.07, Florida Statutes. Notwithstanding the foregoing, a towing service retained by the District may tow/remove any Vehicle parked in the Tow-Away Zone.

Agreement with Authorized Towing Service. The District’s Board of Supervisors is hereby authorized to enter into and maintain an agreement with a firm authorized by Florida law to tow/remove unauthorized Vehicles and in accordance with Florida law and with the rules set forth herein. Pursuant to Section 190.012(2)(d), Florida Statutes, the District’s selection of a towing operator is not subject to public bidding if the towing operator is included in an approved list of towing operators maintained by Collier County.

Section 7.	Miscellaneous.

Suspension of Rules. The enforcement of these Rules may be suspended in whole or in part for specified periods of time, as determined by resolution of the Board of Supervisors of the District. In addition, the enforcement of these Rules may be suspended, in whole or in part, during emergencies at the discretion of the District Manager.

Other Traffic and Parking Regulations. Nothing in these Rules shall prohibit local law enforcement from enforcing the laws that are a part of the State Uniform Traffic Control Law, Chapter

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316, Florida Statutes, or any other local or state law, rule or ordinance pertaining to vehicular traffic or parking enforcement.

Parking at Your Own Risk. The District assumes no liability for any theft, vandalism and/or damage that might occur to personal property and/or to such Vehicles that are parked within the District ROWs or towed/removed pursuant to these Rules.

Specific Authority: §§ 120.54, 120.69, 190.011(5), 190.012(2)(d), 190.012(3) and 190.041, Florida Statutes

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Key Marco Community Development District
Rules Relating To Parking and Parking Enforcement
In accordance with Chapter 190, Florida Statutes, and on 	, 2019 at a duly noticed public meeting, the Board of Supervisors of Key Marco Community Development District (“District”) adopted the following rules (these “Rules”) policy to govern parking and parking enforcement on certain District property. These Rules repeal and supersede all prior rules and/or policies governing the same subject matter.

Section 1. Introduction. The District finds that Vehicles (hereinafter defined) parked on the rights- of-way within the District cause hazards and danger to the health, safety and welfare of District residents, paid users and the public. These Rules are intended to provide the District with the means to remove Vehicles from Tow-Away Zones (as defined below) designated by the District consistent with these Rules.

Section 2. Applicability. These District Parking and Towing Rules shall be applicable on, over, or  within the District ROWs (as defined below).

Section 3. Definitions.

Commercial Vehicle. Any vehicle not designed and used for normal personal/family transportation; vehicles with work racks, tool racks and/or visible equipment and/or vehicles bearing lettering, graphics, contact information, logos, advertising and/or any other commercial insignia); limousines, landscape maintenance vehicles, construction vehicles, vehicles for hire, or vehicles used in business of, or for the purpose of, transporting goods, equipment, passengers and the like, or any trucks or vans which are larger than one ton, or any dual-wheel trucks.

District ROWs. The District’s rights-of-way known as Whiskey Creek Drive and Blue Hill Creek Drive.

Mobile Vehicle. Any mobile item that normally includes wheels, whether motorized or not.

Park; Parked; or Parking. A Vehicle left unattended by its owner or user.

Recreational Vehicle. A vehicle designed for recreational use, which includes motor homes, campers and trailers relative to same.

Tow-Away Zone. District property in which parking is prohibited and in which the District is authorized to initiate a towing and/or removal action as further provided within these Rules.

Vehicle. Any Mobile Vehicle, Commercial Vehicle, Vessel, or Recreational Vehicle.

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Vessel. Every description of watercraft, barge, or airboat used or capable of being used as a means of transportation on water.

Section 4.  Parking in District  ROWs Prohibited.   Except as otherwise permitted in Section 6,   below, parking of Vehicles on, over or within the District ROWs is strictly prohibited.

Section 5. Establishment of Tow-Away Zones. The District ROWs, as depicted in Exhibit A, are designated as “Tow Away Zones”. Any Vehicle parked in violation of these rules may be towed by the District at the sole cost and expense of the owner of such Vehicle if it remains in violation of the terms and conditions of these Rules. The District shall not be liable to the owner of such Vehicle for trespass, conversion, damages, or otherwise, nor guilty of any criminal act by reason of such towing, and neither its removal nor failure of the owner of such Vehicle to receive any notice of said violation shall be grounds for relief of any kind. All towing shall be performed in accordance with Section 715.07, Florida Statutes.

Section 6. Exceptions.

District Vendors/Contractors. The District Manager or his/her designee may authorize vendors/contractors/consultants of the District (including their subcontractors) to park company Vehicles on District ROWs in order to facilitate District business or maintenance of District property. All Vehicles so authorized must be identified by a written parking pass from the District Manager.

Delivery Vehicles. Delivery vehicles, including but not limited to, FedEx, UPS, moving company vehicles, or car transports may park on District ROWs while actively engaged in the operation of such businesses.

Commercial Vehicles Providing Services. Commercial Vehicles including, without limitation, those relating to residential construction activity, may be parked on, over, or within the District ROWs only during the period of delivery or the provision of services to the adjacent residential property. For sake of clarity, the foregoing sentence shall not be construed to permit Commercial Vehicles related to residential construction activity to be parked overnight on District ROWs. Except as may otherwise be permitted by these Rules, Commercial Vehicles related to residential construction activity may be parked in District ROWs only when actual construction activity is being performed on the adjacent residential property and shall not be parked on District ROWs during any period of inactivity.

Governmental Vehicles. Vehicles owned and operated by any governmental unit including, without limitation, the City of Marco Island Police Department, the Collier County Sherriff’s Office, and the City of Marco Island Fire-Rescue Department, may park on District ROWs while carrying out official duties.

Parking Passes. Residents within the District may apply for a temporary parking pass (a “Parking Pass”) that will allow such resident and/or guest to park a specific Vehicle in the District ROWs on a temporary basis. Requests for Parking Passes will be granted in accordance with the following:

Permits may not exceed seven (7) consecutive days. In no event may a Parking Pass be granted for more than fourteen (14) nights per year for one automobile, as identified by the automobile’s license plate number.

A resident interested in a Parking Pass may submit a request to the District Manager or his/her designee that includes the following information:

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The name, address and contact information of the owner of the Vehicle to which the Parking Pass will be granted;

The make/model and license plate of the Vehicle to which the Parking
Pass will apply;

The reason and special terms (if any) for the Parking Pass;

The intended location for the Vehicle parking; and

The date and time of the expiration of the requested Parking Pass.

It is the responsibility of the person(s) requesting a Parking Pass to secure all necessary documentation and approvals. Failure to secure all necessary documentation and approvals will result in the towing and/or removal of the Vehicle from the District’s ROW. Improperly permitted Vehicles parked in the District ROWs will be subject to towing.

Upon receipt and review of all required documentation as set forth above, the District Manager or his/her designee will issue a Parking Pass. A Parking Pass will be granted by way of written correspondence by the District Manager or his/her designee. No verbal grants of authority will be issued or be held valid.

The Parking Pass must be visibly displayed in the Vehicle at all times that the Vehicle is parked in the District ROWs.

Section 7. Conditions Relating to Exceptions.

Vehicles permitted to be temporarily parked within the District ROWs pursuant to Section 6 shall comply with the following provisions:

Vehicles shall be fully parked on a paved surface designed for parking or vehicular travel. No portion of a Vehicle shall be parked on, over, or within a landscaped or grassed surface of the District, including but not limited to the swale.

Vehicles shall not park in any manner that would have the effect of disrupting the normal flow of traffic, would block the ingress or egress of trucks, public service vehicles, and emergency vehicles and/or would require other vehicles to leave the paved surface of the District ROWs to pass.

Vehicles shall not park facing the wrong direction on the roadway.

Vehicles shall not park in any manner that blocks access to a driveway.

Vehicles shall not park in any manner that blocks a sidewalk or access to a
sidewalk.

Vehicles shall not park within thirty (30’) feet of the approach to a stop sign.

Vehicles shall not be covered or partially covered with a tarpaulin or other type of vehicle cover.

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No Vehicle shall be used as a domicile or residence either temporarily or
permanently.

Any Vehicle parked on the District ROWs must do so in compliance with all applicable laws, ordinances and codes.

Any Vehicle that cannot operate on its own power is prohibited from being parked on, over, or within the District ROWs, and shall immediately be removed.

No Vehicle bearing an expired registration, missing license plate or a license plate that fails to match the Vehicle’s registration shall be parked on, over, or within the District ROWs.

Section 6.	Towing/Removal Procedures.

Signage and Language Requirements. Notice of the Tow-Away Zones shall be approved by the District’s Board of Supervisors and shall be posted on District property in the manner set forth in Section 715.07, Florida Statutes. Such signage is to be placed in conspicuous locations, in accordance with Section 715.07, Florida Statutes.

Towing/Removal Authority. Any Vehicle parked in violation of these Rules may be towed at the Vehicle owner’s expense by a towing contractor approved by the District pursuant to Section 715.07, Florida Statutes. To effect towing/removal of a Vehicle, the District Manager or his/her designee must verify that the subject Vehicle was not authorized to park under these Rules. Upon such verification, the District Manager or his/her designee shall place a written warning on the Vehicle. Such written warning shall include the time of issuance of the warning. If the Vehicle remains parked in the District ROWs for twenty-four (24) hours following the issuance of a written warning, the District Manager or his/her designee then may contact a firm authorized by Florida law to tow/remove Vehicles for the removal of such unauthorized Vehicle at the owner’s expense. The Vehicle shall be towed/removed by the firm in accordance with Florida law, specifically the provisions set forth in Section 715.07, Florida Statutes.

Agreement with Authorized Towing Service. The District’s Board of Supervisors is hereby authorized to enter into and maintain an agreement with a firm authorized by Florida law to tow/remove unauthorized Vehicles and in accordance with Florida law and with the rules set forth herein. Pursuant to Section 190.012(2)(d), Florida Statutes, the District’s selection of a towing operator is not subject to public bidding if the towing operator is included in an approved list of towing operators maintained by Collier County.

Section 7.	Miscellaneous.

Suspension of Rules. The enforcement of these Rules may be suspended in whole or in part for specified periods of time, as determined by resolution of the Board of Supervisors of the District. In addition, the enforcement of these Rules may be suspended, in whole or in part, during emergencies at the discretion of the District Manager.

Other Traffic and Parking Regulations. Nothing in these Rules shall prohibit local law enforcement from enforcing the laws that are a part of the State Uniform Traffic Control Law, Chapter 316, Florida Statutes, or any other local or state law, rule or ordinance pertaining to vehicular traffic or parking enforcement.

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Parking at Your Own Risk. The District assumes no liability for any theft, vandalism and/or damage that might occur to personal property and/or to such Vehicles that are parked within the District ROWs or towed/removed pursuant to these Rules.

Specific Authority: §§ 120.54, 120.69, 190.011(5), 190.012(2)(d), 190.012(3) and 190.041, Florida Statutes

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9B.

AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS	AGREEMENT	FOR	PROFESSIONAL	ENGINEERING	SERVICES	(this
“Agreement”) is made and entered into effective this 	day of 	, 2019, by and between KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes (the “District”) and HOLE MONTES, INC., a Florida corporation (the “Engineer”).

RECITALS

WHEREAS, the District is a local unit of special purpose government established pursuant to the Uniform Community Development District Act of 1980, as codified in Chapter 190, Florida Statutes, by ordinance of the Board of County Commissioners of Collier County, Florida; and

WHEREAS, the District is authorized to plan, acquire and/or maintain improvements, facilities and services in conjunction with the development and maintenance of the lands within the District; and

WHEREAS, pursuant to Sections 190.033 and 287.055, Florida Statutes, the District solicited qualifications from qualified firms and individuals to provide professional engineering services to the District on a continuing basis; and

WHEREAS, Engineer submitted a proposal to serve in this capacity; and

WHEREAS, the District's Board of Supervisors ranked Engineer as the most qualified firm to provide professional engineering services for the District and authorized the negotiation of a contract pursuant to Section 287.055, Florida Statutes; and

WHEREAS, the District intends to employ Engineer to perform engineering, construction administration, environmental management and permitting, financial and economic studies, as defined by a separate work authorization or work authorizations; and

WHEREAS, the Engineer shall serve as District’s professional representative in each service or project to which this Agreement applies and will give consultation and advice to the District during performance of these services.

NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the acts and deeds to be performed by the parties hereto and the payments by the District to the Engineer of the sums of money herein specified, it is mutually covenanted and agreed as follows:

ARTICLE 1. INCORPORATION OF RECITALS. The recitals stated above are true and correct and are incorporated by reference herein as a material part of this Agreement.

ARTICLE 2.	SCOPE OF SERVICES.
The Engineer will provide general engineering services, including:

Preparation of any necessary reports and attendance at meetings of the District’s Board of Supervisors.

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Assisting in meeting with necessary parties involving bond issues, special reports, feasibility studies or other tasks.

Providing professional engineering services including but not limited to review and execution of documents under the District’s Trust Indentures and monitoring of District projects.

Any other items requested by the Board of Supervisors.

Engineer shall, when authorized by the Board, provide general services related to construction of any District projects including, but not limited to:

Periodic visits to the site, or full time construction management of District projects, as directed by District.

Processing of contractor’s pay estimates.

Preparation of, and/or assistance with, the preparation of work authorizations, requisitions, change orders and acquisitions for review by the District Manager, District Counsel and the Board.

Final inspection and requested certificates for construction including the final certificate of construction.

Consultation and advice during construction, including performing all roles and actions required of any construction contract between District and any contractor(s) in which Engineer is named as owner’s representative or “Engineer.”

Any other activity related to construction as authorized by the Board.

With respect to maintenance of the facilities, Engineer shall render such services as authorized by the Board.

ARTICLE 3. METHOD OF AUTHORIZATION.

Each service or project shall be authorized in writing by the District. The written authorization shall be incorporated in a work authorization that shall include the scope of services, compensation, project schedule, and special provisions or conditions specific to the service or project bring authorized (“Work Authorization”). Authorization of services or projects under this Agreement shall be at the sole option of the District.

Engineer shall perform its obligations under this Agreement as expeditiously and efficiently as are consistent with professional skill and care and the orderly progress of the construction of the District’s facilities and improvements and meet such project schedules as may be developed by District and consistent with information provided to Engineer by District and applicable government agencies. Engineer agrees that all services shall be provided in such a manner as to meet District’s reasonable expectation and to provide Engineer’s best efforts to ensure the timely progression of the work being performed by the District.

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ARTICLE 4. COMPENSATION. It is understood and agreed that the payment of compensation for services under this Agreement shall be stipulated in each Work Authorization. One of the following methods will be utilized:

Lump Sum Amount – The District and Engineer shall mutually agree to a lump sum amount for the services to be rendered payable monthly in direct proportion to the work accomplished. For any lump-sum or cost-plus-a-fixed-fee professional service contract over the threshold amount provided in Section 287.017 of the Florida Statutes for CATEGORY FOUR, the District shall require the Engineer to execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. The price for any lump sum Work Authorization, and any additions thereto, will be adjusted to exclude any significant sums by which the District determines the Work Authorization was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such adjustments must be made within one (1) year following the completion of the work contemplated by the lump sum Work Authorization.

Hourly Personnel Rates – For services or projects where the scope of services is not clearly defined or recurring services or other projects where the District desires the use of the hourly compensation rates outlined in Exhibit A, attached hereto and incorporated by this reference. The District and Engineer may agree to a “not to exceed” amount when utilizing hourly personnel rates for a specific work authorization.

ARTICLE 5. REIMBURSABLE EXPENSES. Reimbursable expenses consist of actual expenditures made by Engineer, its employees, or its consultants in the interest of the services for the incidental expenses as listed as follows:

Expenses of transportation and living when traveling in connection with a project and fees paid for securing approval of authorities having jurisdiction over the project. All expenditures shall be made in accordance with Chapter 112, Florida Statutes, and with the District’s travel policy.

Expense of reproduction, postage and handling of drawings and specifications.

ARTICLE 6. TERM OF AGREEMENT. It is understood and agreed that the term of this Agreement will be from the time of execution of this Agreement by the parties hereto until terminated in accordance with its terms.

ARTICLE 7. SPECIAL CONSULTANTS. When authorized in writing by the District, additional special consulting services may be utilized by Engineer and paid for on a cost basis.

ARTICLE 8. BOOKS AND RECORDS. Engineer shall maintain comprehensive books and records relating to any services performed under this Agreement, which shall be retained by Engineer for a period of at least four (4) years from and after completion of any services hereunder, or such further time as required under Florida law. The District, or its authorized representative, shall have the right to audit such books and records at all reasonable times upon prior notice to Engineer.

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ARTICLE 9.	OWNERSHIP OF DOCUMENTS.
All rights in and title to all plans, drawings, specifications, ideas, concepts, designs, sketches, models, programs, software, creation, inventions, reports, or other tangible work product originally developed by Engineer pursuant to this Agreement (the “Work Product”) shall be and remain the sole and exclusive property of the District when developed and shall be considered work for hire.

The Engineer shall deliver all Work Product to the District upon completion thereof, unless it is necessary for the Engineer in the District’s sole discretion to retain possession for a longer period of time. Upon early termination of the Engineer’s services hereunder, the Engineer shall deliver all such Work Product whether complete or not. The District shall have all rights to use any and all Work Product. Engineer shall retain copies of the Work Product for its permanent records, provided the Work Product is not used without the District’s prior express written consent. The Engineer agrees not to recreate any Work Product contemplated by this Agreement, or portions thereof, which if constructed or otherwise materialized, would be reasonably identifiable with the Project.

The District exclusively retains all manufacturing rights to all materials or designs developed under this Agreement. To the extent the services performed under this Agreement produce or include copyrightable or patentable materials or designs, such materials or designs are work made for hire for the District as the author, creator, or inventor thereof upon creation, and the District shall have all rights therein including, without limitation, the right of reproduction, with respect to such work. The Engineer hereby assigns to the District any and all rights the Engineer may have including, without limitation, the copyright, with respect to such work. The Engineer acknowledges that the District is the motivating factor for, and for the purpose of copyright or patent, has the right to direct and supervise, the preparation of such copyrightable or patentable materials or designs.

ARTICLE 10. ACCOUNTING RECORDS. Records of the Engineer pertaining to the services provided hereunder shall be kept on a basis of generally accepted accounting principles and shall be available to the District or its authorized representative for observation or audit at mutually agreeable times.

ARTICLE 11. REUSE OF DOCUMENTS. All documents including drawings and specifications furnished by Engineer pursuant to this Agreement are instruments of service. Such documents are not intended or represented to be suitable for reuse by District or others on extensions of the work for which they were provided or on any other project. Any reuse without specific written consent by Engineer will be at the District’s sole risk and without liability or legal exposure to Engineer. All documents including drawings, plans and specifications furnished by Engineer to District are subject to reuse in accordance with Section 287.055(10), Florida Statutes.

ARTICLE 12. ESTIMATE OF COST. Since Engineer has no control over the cost of labor, materials, or equipment or over a contractor's methods of determining prices, or over competitive bidding or market conditions, Engineer’s opinions of probable cost provided as a service hereunder are to be made on the basis of his experience and qualifications and represent Engineer’s best judgment as a design professional familiar with the construction industry, but Engineer cannot and does not guarantee that proposals, bids, or the construction costs will not vary from opinions of probable cost prepared by

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Engineer. If the District wishes greater assurance as to the construction costs, it shall employ an independent cost estimator at its own expense. Services to modify approved documents to bring the construction cost within any limitation established by the District will be considered additional services and justify additional fees.

ARTICLE 13. INSURANCE.

Subject to the provisions of this Article, the Engineer shall, at a minimum, maintain throughout the term of this Agreement the following insurance:

Workers’ Compensation Insurance in accordance with the laws of the State of Florida.

Commercial General Liability Insurance, including, but not limited to, bodily injury (including contractual), property damage (including contractual), products and completed operations, and personal injury with limits of not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence, and not less than Two Million and No/100 Dollars ($2,000,000.00) in the aggregate covering all work performed under this Agreement.

Automobile Liability Insurance, including without limitation bodily injury and property damage, including all vehicles owned, leased, hired, and non- owned vehicles with limits of not less than One Million and No/100 Dollars ($1,000,000.00) combined single limit covering all work performed under this Agreement.

Professional Liability Insurance for Errors and Omissions, with limits of not less than Two Million and No/100 Dollars ($2,000,000.00).

All insurance policies secured by Engineer pursuant to the terms of this Agreement shall be written on an “occurrence” basis to the extent permitted by law.

The District and the District’s officers, supervisors, agents, staff, and representatives shall be named as additional insured parties, except with respect to the Worker’s Compensation Insurance for which only proof of insurance shall be provided. The Engineer shall furnish the District with the Certificate of Insurance evidencing compliance with the requirements of this Section. No certificate shall be acceptable to the District, unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty
(30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the state of Florida

If the Engineer fails to have secured and maintained the required insurance, the District has the right (without any obligation to do so, however), to secure such required insurance in which event, the Engineer shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with the District’s obtaining the required insurance.

ARTICLE 14. CONTINGENT FEE. The Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to

5

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 the Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement.

ARTICLE 15. AUDIT. Records of the Engineer pertaining to the services provided hereunder shall be kept on a basis of generally accepted accounting principles and shall be available to the District or its authorized representative for observation or audit at mutually agreeable times. The Engineer agrees that the District or any of its duly authorized representatives shall have access to and the right to examine any books, documents, papers, and records of the Engineer involving transactions related to the Agreement for a period of four (4) years or longer as required by law. The Engineer agrees that payment made under the Agreement shall be subject to reduction for amounts charged thereto that are found on the basis of audit examination not to constitute allowable costs. All required records shall be maintained until either (a) the completion of an audit and resolution of all questions arising therefrom, or (b) three years after the expenditure of all funds under this Agreement, or (c) the public record retention period established by the District’s records retention policy, whichever comes later.

ARTICLE 16. COMPLIANCE	WITH	GOVERNMENTAL	REGULATIONS. In
performing its obligations under this Agreement, the Engineer and each of its agents, servants, employees, or anyone directly or indirectly employed by the Engineer, shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public or governmental authority having appropriate jurisdiction. If the Engineer fails to notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Engineer or any of its agents, servants, or employees, or fails to comply with any requirement of such agency within five (5) days after receipt of any such notice, order request to comply notice, or report of a violation or an alleged violation, the District may terminate this Agreement, such termination to be effective upon the giving of notice of termination.

ARTICLE 17. COMPLIANCE WITH PROFESSIONAL STANDARDS. In performing its
obligations under this Agreement, the Engineer and each of its agents, servants, employees, or anyone directly or indirectly employed by Engineer, shall maintain the highest standard of care, skill, diligence, and professional competency for such work and/or services. Any designs, drawings, reports, or specifications prepared or furnished by Engineer that contain errors, conflicts, or omissions will be promptly corrected by Engineer at no cost to the District.

ARTICLE 18. INDEMNIFICATION.  The Engineer agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the District and the District’s officers, supervisors, agents, staff, and representatives (together, the “Indemnitees”), from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Engineer and other persons employed or utilized by the Engineer in the performance of this Agreement, including without limitation the Engineer’s contractors, subcontractors, and sub-subcontractors. To the extent a limitation on liability is required by Section 725.06, Florida Statutes or other applicable law, liability under this section shall in no event exceed the sum of Two Million Dollars and No Cents ($2,000,000.00) and Engineer shall carry, at his own expense, insurance in a company satisfactory to District to cover the aforementioned liability. Engineer agrees such limitation bears a reasonable commercial relationship to the Agreement and was part of the project specifications or bid documents. The Engineer agrees and covenants that nothing herein shall constitute or be construed as a waiver of the District’s sovereign immunity pursuant to Section 768.28, Florida Statutes, or other law, and nothing in the Agreement shall inure to the benefit of

6

any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. In the event that any indemnification, defense, or hold harmless provision of this Agreement is determined to be unenforceable, the provision shall be reformed in accordance with the mutual intent of the Engineer and the District to provide indemnification, defense, and hold harmless provisions to the maximum effect allowed by Florida law and for the benefit of the Indemnitees.

ARTICLE 19. EMPLOYMENT VERIFICATION. The Engineer agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance of this Agreement.

ARTICLE 20. INDEPENDENT CONTRACTOR. In all matters relating to this Agreement, the District and the Engineer agree and acknowledge that the Engineer shall serve as an independent contractor of the District. Neither the Engineer nor employees of the Engineer, if any, are employees of the District under the meaning or application of any Federal or State unemployment, insurance laws, or any other potentially applicable laws. The Engineer agrees to assume all liabilities or obligations by any one or more of such laws with respect to employees of the Engineer, if any, in the performance of this Agreement. The Engineer shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Engineer shall have no authority to represent as agent, employee, or in any other capacity the District, unless set forth differently herein or authorized by vote of the Board.

ARTICLE 21. CONTROLLING LAW. The Engineer and the District agree that this Agreement shall be controlled and governed by the laws of the State of Florida. Venue for all proceedings with respect to this Agreement shall be Lee County, Florida.

ARTICLE 22. NOTICE. Any notice provided by this Agreement to be served in writing upon either of the parties shall be deemed sufficient if hand delivered, sent by commercial overnight courier, or regular U.S. mail or email to the authorized representative of the other party at the addresses below or to such other addresses as the parties hereto may hereafter designate in writing. Any such notice or demand shall be deemed to have been given or made as of the time of actual delivery, or, in the case of mailing, such notice shall be effective from the date the same is deposited in the mail with proper postage prepaid. The addresses for notice purposes are as follows:

If to Engineer:	Hole Montes, Inc.
Attn: David W. Schmitt, P.E. 950 Encore Way
Naples, FL 34110
Email: DavidSchmitt@hmeng.com

If to District:	Key Marco Community Development District
Attn: Katie Maline, Manager 505 Whiskey Creek Drive Marco Island, Florida 34145
Email: katie@managerkeymarcohoa.org

With a copy to:	Coleman, Yovanovich & Koester, P.A. Attn: Gregory L. Urbancic, Esq.
4001 Tamiami Trail N., Suite 300

7

Naples, Florida 34103
Email: gurbancic@cyklawfirm.com

Counsel for the District and counsel for the Engineer may deliver Notice on behalf of the District and the Engineer. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days’ written notice to the parties and addressees set forth herein.

ARTICLE 23. PUBLIC RECORDS. Engineer understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Engineer agrees to comply with all applicable provisions  of  Florida  law in handling  such records, including but not limited to Section 119.0701, Florida Statutes. Engineer acknowledges that the designated public records custodian for the District is Katie Maline (“Public Records Custodian”). Among other requirements and to the extent applicable by law, the Engineer shall 1) keep and maintain public records required by the District to perform the Services; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the Agreement term and following the Agreement term if the Engineer does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the Agreement, transfer to the District, at no cost, all public records in Engineer’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Engineer, the Engineer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats. Failure of Engineer to comply with Section 119.0701, Florida Statutes may subject Engineer to penalties under Section 119.10, Florida Statutes. Further, in the event Engineer fails to comply with this Section or Section 119.0701, Florida Statutes, District shall be entitled to any and all remedies at law or in equity. The following statement is required to be included in this Contract pursuant to Section 119.0701(2), Florida Statutes:

IF THE ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT KATIE MALINE C/O KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, TELEPHONE: (239) 394-4336, EMAIL: KATIE@MANAGERKEYMARCOHOA.COM,	AND MAILING ADDRESS: 505 WHISKEY CREEK DRIVE, MARCO ISLAND, FL 34145.

ARTICLE 24. NO THIRD PARTY BENEFITS. Nothing in the Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred by operation of law.

8

ARTICLE 25. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

ARTICLE 26. ASSIGNMENT. Except as provided otherwise in this Agreement, neither the District nor the Engineer shall assign, sublet, or transfer any rights under or interest in this Agreement without the express written consent of the other. Any purported assignment without such written consent is void. Nothing in this paragraph shall prevent the Engineer from employing such independent professional associates and consultants as Engineer deems appropriate and consistent with this Agreement.

ARTICLE 27. AMENDMENT. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing that is executed by both the District and the Engineer.

ARTICLE 28. ARM’S LENGTH TRANSACTION. This Agreement reflects the negotiated agreement of the District and the Engineer, each represented by competent legal counsel. Accordingly, this Agreement shall be construed as if both parties jointly prepared it, and no presumption against one party or the other shall govern the interpretation or construction of any of the provisions of this Agreement.

ARTICLE 29. INDIVIDUAL LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREUNDER, UNDER THIS AGREEMENT, AND PURSUANT TO THE REQUIREMENTS OF SECTION 558.0035, FLORIDA STATUTES, THE REQUIREMENTS OF WHICH ARE EXPRESSLY INCORPORATED HEREIN, AN INDIVIDUAL EMPLOYEE OR AGENT OF THE ENGINEER MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
ARTICLE 30. TERMINATION. The District may terminate this Agreement for cause immediately upon notice to Engineer. The District or the Engineer may terminate this Agreement without cause upon thirty (30) days written notice. At such time as the Engineer receives notification of the intent of the District to terminate the contract, the Engineer shall not perform any further services unless directed to do so in writing by the District. In the event of any termination or breach of any kind, the Engineer shall not be entitled to consequential damages of any kind (including but not limited to lost profits), but instead the Engineer’s sole remedy will be to recover payment for services rendered to the date of the notice of termination, subject to any offsets.

ARTICLE 31. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.

ARTICLE 32. ENFORCEMENT OF AGREEMENT. In the event that either the District or the Engineer is required to enforce this Agreement by court proceedings or otherwise, then the prevailing

9

party shall be entitled to recover from the other party all costs incurred, including reasonable attorney’s fees and costs at all judicial levels.

ARTICLE 33. ACCEPTANCE. Acceptance of this Agreement is indicated by the signatures of the authorized representatives of the District and the Engineer in the spaces provided below.

ARTICLE 34. COUNTERPARTS. This instrument may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, and such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document.

(Remainder of Page Intentionally Left Blank. Signatures appear on the following page)

10

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written.

KEY MARCO COMMUNITY
Attest:	DEVELOPMENT DISTRICT

By: 	

Assistant Secretary/Secretary	Mary Beth Schewitz, Chair

Date: 	

HOLE MONTES, INC.,
a Florida corporation

By: 	

Name: 	

Title: 	

Date: 	

EXHIBIT A:	Schedule of Rates

11

Exhibit A
Schedule of Rates

12

13

Tenth Order of Business

10A.

KEY MARCO
Community Development District
Financial Report October 31, 2019

Prepared by:

Community Development District

Table of Contents

FINANCIAL STATEMENTS	Page
Balance Sheet - All Funds	…………………………………………………………	1
Statement of Revenues, Expenditures and Changes in Fund Balances
General Fund	…………………………………………………………	2 - 3
SUPPORTING SCHEDULES

Bank Reconciliation	..………………………………………………………	4	
Expenditure Report Sorted by Department	..………………………………………………………	5 - 7	
Aged Vendor Payable	…………………………………………………………	8	

KEY MARCO
Community Development District

Financial Statements (Unaudited)
October 31, 2019

Community Development District

Governmental Funds

Balance Sheet
October 31, 2019

ACCOUNT DESCRIPTION

GENERAL FUND

FIXED ASSETS
FUND	TOTAL

ASSETS

Cash - Checking Account	$	310,820	$	-	$	310,820	
Accounts Receivable	444	-	444	
Investments:				
Money Market Account	453,702	-	453,702	
Prepaid Items	100	-	100	
Fixed Assets				
Land	-	1,969,203	1,969,203	
Buildings	-	143,369	143,369	
Accum Depr - Buildings	-	(115,866)	(115,866)	
Improvements	-	883,297	883,297	
Infrastructure	-	6,511,876	6,511,876	
Accum Depr ‐ Improvements	-	(693,410)	(693,410)	
Accum Depr - Infrastructure	-	(4,408,901)	(4,408,901)	
Machinery & Equipment	-	123,060	123,060	
Accum Depr ‐ Mach & Equip	-	(38,969)	(38,969)	
TOTAL ASSETS	$	765,066	$ 4,373,659	$ 5,138,725	

LIABILITIES				
Accounts Payable	$	2,454	$	-	$	2,454	
Accrued Expenses	18,873	-	18,873	
TOTAL LIABILITIES	21,327	-	21,327	

FUND BALANCES				
Nonspendable:				
Prepaid Items	100	-	100	
Unassigned:	743,639	4,373,659	5,117,298	
TOTAL FUND BALANCES	$	743,739	$ 4,373,659	$ 5,117,398	
				
TOTAL LIABILITIES & FUND BALANCES	$	765,066	$ 4,373,659	$ 5,138,725	

Page 1

Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending October 31, 2019

ACCOUNT DESCRIPTION	ANNUAL ADOPTED
BUDGET	
YEAR TO DATE ACTUAL	YTD ACTUAL AS A % OF
ADOPTED BUD	
OCT-19 ACTUAL	

REVENUES					

Interest - Investments	
$	15,000	
$	1,306	
8.71%	
$	1,305	
Interest - Tax Collector	200	-	0.00%	-	
Special Assmnts- Tax Collector	328,143	-	0.00%	-	
Special Assmnts- Discounts	(13,126)	-	0.00%	-	
User Facility Revenue	4,000	315	7.88%	315	
TOTAL REVENUES	334,217	1,621	0.49%	1,620	

EXPENDITURES					

Administration					
P/R-Board of Supervisors	4,800	600	12.50%	600	
FICA Taxes	367	46	12.53%	46	
ProfServ-Engineering	5,000	-	0.00%	-	
ProfServ-Legal Services	25,000	-	0.00%	-	
ProfServ-Mgmt Consulting Serv	30,369	-	0.00%	-	
ProfServ-Property Appraiser	4,922	-	0.00%	-	
ProfServ-Special Assessment	1,000	-	0.00%	-	
ProfServ-Tax Collector	6,563	-	0.00%	-	
Accounting Services	-	2,423	0.00%	2,423	
Auditing Services	5,000	-	0.00%	-	
Postage	175	-	0.00%	-	
Rentals & Leases	300	25	8.33%	25	
Insurance - General Liability	29,926	26,669	89.12%	26,669	
Legal Advertising	4,000	-	0.00%	-	
Miscellaneous Services	700	481	68.71%	481	
Transcript Cost	2,400	-	0.00%	-	
Computer Support	600	50	8.33%	50	
Office Supplies	300	-	0.00%	-	
Dues, Licenses, Subscriptions	275	-	0.00%	-	
Total Administration	121,697	30,294	24.89%	30,294	

Maintenance and Landscaping
Miscellaneous Services	5,000	

-	

0.00%	

-	
Total Maintenance and Landscaping	5,000	-	0.00%	-	

Irrigation Services
Contractual Services	

-	

125	

0.00%	

125	
Total Irrigation Services	-	125	0.00%	125	

Page 2

Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending October 31, 2019

ANNUAL	YTD ACTUAL
ADOPTED	YEAR TO DATE		AS A % OF		OCT-19 ACCOUNT DESCRIPTION	BUDGET		ACTUAL	ADOPTED BUD	ACTUAL

Capital Expenditures & Projects
Cap Outlay-Roads	50,000	-	0.00%	-

Total Capital Expenditures & Projects	50,000	-	0.00%	-

Lighting

Utilities-Electric	7,500	800	10.67%	800	
R&M-General	6,000	-	0.00%	-	
Misc-Holiday Lighting	3,000	-	0.00%	-	
Total Lighting	16,500	800	4.85%	800	

Access Control					
Contractual Services	86,520	7,210	8.33%	7,210	
Utilities-Electric	7,500	368	4.91%	368	
R&M-Gate	10,000	-	0.00%	-	
R&M-Gatehouse	25,000	6,928	27.71%	6,928	
Op Supplies - General	2,000	-	0.00%	-	
Total Access Control	131,020	14,506	11.07%	14,506	

Roadway Services					
Repairs & Maintenance	10,000	-	0.00%	-	
Total Roadway Services	10,000	-	0.00%	-	
					
TOTAL EXPENDITURES	334,217	45,725	13.68%	45,725	

Excess (deficiency) of revenues Over (under) expenditures	

-	

(44,104)	

0.00%	

(44,105)	

Net change in fund balance	
$	-	
$	(44,104)	
0.00%	
$	(44,105)	

FUND BALANCE, BEGINNING (OCT 1, 2019)	
787,843	
787,843			
FUND BALANCE, ENDING	$	787,843	$	743,739			

Page 3

KEY MARCO
Community Development District

Supporting Schedules

October 31, 2019

Bank Reconciliation

Bank Account No.	7478	Fifth Third Bank - GF				
Statement No.	10-19					
Statement Date	10/31/2019					

G/L Balance (LCY)	
310,820.22		
Statement Balance	
311,790.04		
G/L Balance	310,820.22		Outstanding Deposits	0.00			
Positive Adjustments	0.00			

		Subtotal	311,790.04			
Subtotal	310,820.22		Outstanding Checks	969.82			
Negative Adjustments	0.00		Differences	0.00			

Ending G/L Balance	
310,820.22		
Ending Balance	
310,820.22			

Difference	
0.00						

Posting	Document
Date	Type	
Document No.	

Description		

Amount	
Cleared Amount	

Difference	

Outstanding Checks

8/23/2018	Payment	2183	CYPRESS ACCESS SYSTEMS, INC.	177.20	0.00	177.20	
8/28/2019	Payment	2452	MARY E. SCHEWITZ	184.70	0.00	184.70	
10/22/2019	Payment	2482	ROBERT FLINN RECORDS CENTER	25.00	0.00	25.00	
10/24/2019	Payment	2485	MARY E. SCHEWITZ	184.70	0.00	184.70	
10/25/2019	Payment	2488	MARIA AIDA LORA	220.00	0.00	220.00	
10/25/2019	Payment	DD0190	Payment of Invoice 001410	178.22	0.00	178.22	

Total Outstanding Checks......................................................................................................................	969.82	969.82

Page 4

Expenditure Report - General Fund
For the Period(s) from Oct 01, 2019 to Oct 31, 2019 (Sorted by Department)

Amount

Description

Vendor Name

Trans. Type

Document #

Account #

Posting Date

DEPARTMENT NAME: LEGISLATIVE

Account Name: P/R-Board of Supervisors
10/24/19	511001-51101-6000	PAYRO00013	PAYROLL	Summary of October 24, 2019 Payroll Posting		600.00	
							
					YTD Total	600.00	
					Annual Budget	$4,800.00	
				Amount Remaining /	(Budget overage)	$4,200.00	
					% of Budget	12.5%	
Account	Name: FICA Taxes						
10/24/19	521001-51101-6000	PAYRO00013	PAYROLL	Summary of October 24, 2019 Payroll Posting		45.90	
							
					YTD Total	45.90	
					Annual Budget	$367.00	
				Amount Remaining /	(Budget overage)	$321.10	
					% of Budget	12.5%	

Legislative Department Total:	$645.90

DEPARTMENT NAME: FINANCIAL AND ADMINISTRATIVE

Account Name: Accounting Services
10/31/19	532001-51301-5000	ACCRUALS	JE	To accrue Inframark Accounting for Oct 19		2,423.08	
							
					YTD Total	2,423.08	
Annual Budget	$0.00

Amount Remaining / (Budget overage)        ($2,423.08)
% of Budget	n/a

Account Name: Postage
YTD Total	-
Annual Budget	$175.00

Amount Remaining / (Budget overage)	$175.00
% of Budget	0.0%

Account Name: Rentals & Leases
10/22/19	544025-51301-5000	032358

VENDOR

ROBERT FLINN RECORDS CENTER

RECORD STORAGE

25.00
YTD Total	25.00
Annual Budget	$300.00

Amount Remaining / (Budget overage)	$275.00
% of Budget	8.3%

Account Name: Insurance - General Liability
10/01/19	545002-51301-5000	63506
10/01/19	545002-51301-5000	61465

VENDOR VENDOR

PUBLIC RISK INSURANCE AGENCY
PREFERRED GOVERNMENTAL INSURANCE TRUST

10/1/19-10/1/2020 INSURANCE RENEWAL
10/1/19-10/1/20 WRKRS COMP INSURANCE

26,049.00
620.00

YTD Total	26,669.00	
	Annual Budget	$29,926.00	
	Amount Remaining / (Budget overage)	$3,257.00	
	% of Budget	89.1%	
Account Name: Legal Advertising			
			
	YTD Total	-	
	Annual Budget	$4,000.00	
	Amount Remaining / (Budget overage)	$4,000.00	
	% of Budget	0.0%	
Account Name: Miscellaneous Services			
10/01/19	549001-51301-5000	FEE 3	JE		BANK FEE - SQUARE - OCT '19		5.00	
10/01/19	549001-51301-5000	61135 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	SEWAR BASE FEE		178.22	
10/10/19	549001-51301-5000	FEE	JE		BANK FEE - OCT '19		228.95	
10/18/19	549001-51301-5000	ROAD USE	JE		ROAD USE FEE - OCT 19 DUPLICATE CORRECTION		(0.26)	
10/30/19	549001-51301-5000	FEE	JE		BANK FEE - OCT '19 - CHECKBOOK PRINT FEE		59.99	
10/30/19	549001-51301-5000	ROAD USE	JE		ROAD USE FEE - OCT 19 DUPLICATE CORRECTION		(0.42)	
10/31/19	549001-51301-5000	JE000227	JE		R/C CREDIT CARD FEES - OCT 19		9.87	
								
						YTD Total	481.35	
Annual Budget	$700.00

Amount Remaining / (Budget overage)	$218.65
% of Budget	68.8%

Account Name: Transcript Cost

YTD Total	-
Annual Budget	$2,400.00

Amount Remaining / (Budget overage)	$2,400.00
% of Budget	0.0%

Account Name: Computer Support
10/18/19	549930-51301-5000	PREPAID

JE	EXPLORITECH WEB HOSTING - OCT '19

50.00
YTD Total	50.00
Annual Budget	$600.00

Page 1 of 3	Page 5

Expenditure Report - General Fund
For the Period(s) from Oct 01, 2019 to Oct 31, 2019 (Sorted by Department)

Amount

Description

Vendor Name

Trans. Type

Document #

Account #

Posting Date

	Amount Remaining / (Budget overage)	$550.00	
	% of Budget	8.3%	
Account Name: Office Supplies			
			
	YTD Total	-	
	Annual Budget	$300.00	
	Amount Remaining / (Budget overage)	$300.00	
	% of Budget	0.0%	
Account Name: Dues, Licenses, Subscriptions			
			
	YTD Total	-	
	Annual Budget	$275.00	
	Amount Remaining / (Budget overage)	$275.00	
	% of Budget	0.0%	

Financial And Administrative Department Total:	$29,648.43

DEPARTMENT NAME: IRRIGATION SERVICES

Account Name: Contractual Services
10/01/19	534102-53915-5000	4063655	VENDOR	AQUAGENIX	OCT AQUATIC MAINT		124.80	
								
	YTD Total	124.80	
	Annual Budget	$0.00	
	Amount Remaining / (Budget  overage)
%  of Budget	($124.80)
n/a	

Irrigation Services Department Total:	$124.80

DEPARTMENT NAME: LIGHTING

Account Name: Utilities-Electric
10/31/19	543041-53921-5000	ACCRUALS	JE	To accrue Electricity LCEC for Oct '19		800.00	
							
					YTD Total	800.00	
	Annual Budget	$7,500.00	
	Amount Remaining / (Budget overage)	$6,700.00	
	% of Budget	10.7%	
Account Name: R&M-General			
			
	YTD Total	-	
	Annual Budget	$6,000.00	
	Amount Remaining / (Budget overage)	$6,000.00	
	% of Budget	0.0%	

Lighting Department Total:	$800.00

DEPARTMENT NAME: ACCESS CONTROL

Account Name: Contractual Services
10/31/19	534102-53952-5000	ACCRUALS

JE	Accrue Securitas - Oct '19

7,210.00
YTD Total	7,210.00
Annual Budget    $86,520.00

Amount Remaining / (Budget overage)       $79,310.00
% of Budget	8.3%

Account Name: Utilities-Electric
10/02/19	543041-53952-5000	100219-4146 ACH
10/04/19	543041-53952-5000	100419-9839 ACH

VENDOR VENDOR

COMCAST-ACH CENTURY LINK-ACH

10/15-11/14/19 SERVICE
10/4-11/3/19 SERVICE ACH #311469839

111.95
255.66
YTD Total	367.61
Annual Budget	$7,500.00

Amount Remaining / (Budget overage)	$7,132.39
% of Budget	4.9%

Account Name: R&M-Gate

YTD Total	-
Annual Budget    $10,000.00

Amount Remaining / (Budget overage)       $10,000.00
% of Budget	0.0%

Account Name: R&M-Gatehouse
10/01/19	546035-53952-5000	2

VENDOR

AZTEC ROOFS INC

ROOF REPAIRS

6,415.00

Page 2 of 3	Page 6

	Expenditure Report - General Fund		
	For the Period(s) from Oct 01, 2019 to Oct 31, 2019		
	(Sorted by Department)		
Posting Date	
Account #	
Document #	Trans. Type	
Vendor Name	Description		
Amount	

10/14/19	

546035-53952-5000	

43700	

VENDOR	

INFRAMARK	AUGUST MANAGEMENT SERVICES		

72.60	
10/14/19	546035-53952-5000	092219-2	VENDOR	MARIA AIDA LORA	6/27-7/18/19 GATE HOUSE CLEANING		220.00	
10/25/19	546035-53952-5000	092219-6	VENDOR	MARIA AIDA LORA	SEPT/OCT GATE HOUSE CLEANING		220.00	
							
					YTD Total	6,927.60	
Annual Budget	$25,000.00	
Amount Remaining / (Budget overage)	$18,072.40	
% of Budget	27.7%	

 Account Name:    Op Supplies - General	
YTD Total	-	
Annual Budget	$2,000.00	
Amount Remaining / (Budget overage)	$2,000.00	
% of Budget	0.0%	

Access Control Department Total:	$14,505.21

TOTAL EXPENDITURES & OTHER FINANCING USES:	$ 45,724.34

Page 3 of 3	Page 7

Key Marco CDD	Page 1

(Summary, aged as of October 31, 2019) Aged by due date.

STSWATER\JKHATIBLOU

 	Aged Overdue Amounts	

No.	Name	Balance Due	Current	Up To 30 Days	31 - 60 Days	Over 60 Days	
V00060	COLEMAN, YOVANOVICH &	Phone:	239-435-3535	Contact:			
	
Total Amount Due	
2,453.75	
0.00	
2,453.75	
0.00	
0.00	
			0.00%	100.00%	0.00%	0.00%	

V00061	
VOID	
Phone:		
Contact:			
	
Total Amount Due	
0.00	
0.00	
0.00	
0.00	
0.00	
			0.00%	0.00%	0.00%	100.00%	
	
Report Total Amount Due (USD)	
2,453.75	
0.00	
2,453.75	
0.00	
0.00	
			0.00%	100.00%	0.00%	0.00%	

Page 8

10B.

SECURITAS SECURITY SERVICES USA, Inc.

Post Orders
Key Marco
505 Whiskey Creek Drive Marco Island, Florida – 34145 239-592-9115

Approved by:

Danielle Harmon	Justin Faircloth
Account Manager	CDD Manager

Date	Date

Table of Contents
**1.0   Post Duties…	1
**2.0   Emergency Telephone Numbers…	3
**3.0 Emergency Responses.	8
**4.0   Access Control	16
**5.0   Client Rules, Regulations and Specialized Duties…	17
**6.0   Security Officer Safety…	18
**7.0   Temporary Post Orders	22.1
**8.0   Revisions to Original Post Orders…	22.2
**9.0   Mission Statement…	23
**10.0 District Biography	24
**11.0 Sexual Harassment Statement…	25
**12.0 Employee Training Record	28
**13.0 Communications	29
Accident/Illness Emergency Response involving Individuals…	29
Accident/Illness Emergency Response Involving Groups of People	31
Major Power Outage Emergency Response…	32
Severe Weather Warning Emergency Response…	33
Public Relations…	34
Visitor Access Control	36
Contractor Access Control	37
Guest/Visitor Parking	39
Keys…	40
Key Checkout Log…	41

Talking to Police…	43
Securitas Shift Changes…	43
Employee Call-Off Log…	44
National Communications Center	45

Post Orders	Post Duties

**1.0 Post Duties
Post Duties Key Marco	
Shift: 12 hrs   Monday – Friday:	0630 – 1830 hrs (6:30 AM – 6:30 PM)
Shift: 10 hrs   Saturday – Sunday:  0630 – 1630 hrs (6:30 AM – 4:30 PM)	
Time	Duties
Note this is a CDD
Remember we cannot deny access to any one but we can gather information before giving access, (i.e. Photo ID)	
At Shift Start	Review Log Book, Power up system. Sign in on register sheet.
Review any incident reports and Daily Activity Reports from prior shift.	
	The security officer is expected to be on their post at all times.
You will greet using the following: Good Morning or Good Afternoon, Welcome to Key Marco How may I help you.
When members arrive acknowledge them by waving and being visible at all times. (except for restroom breaks)
Anyone using the guest gate must show photo ID to gain entry. Once verified in Cypress Access, print pass and grant them entry. Tell them to have a nice day. Staff must attempt to notify the resident of the guest/visitor arrival.
If a resident does not have a bar code decal, they must also show ID to enter. Instruct them as to how they can obtain a bar code. If you know they are a resident, then grant them access. If you are not sure, contact the District Manager.
Only the City of Marco Island Police, EMS and Fire, Collier County Sheriff’s office, Lee County Electric, Century Link, Comcast, United States Postal Service, UPS, Federal Express or any other commonly known package delivery service shall be granted access with no pass required.
Security Officer will issue all residents and visitors with Access Decals and Security Cards.
The officer on duty at this post shall comply with any other reasonable request from the client
Each officer on duty will be responsible for keeping the guard house neat, clean and presentable inside and outside at all times. Each officer assigned to this post shall, at all times, conduct themselves in a courteous and professional manner.
Officers will not engage in lengthy conversations with the residents or their guests.	

Post Orders	Post Duties

-2-

	Be Professional. Remember that a major part of the job here is to exercise good judgement. Our goal is to make the environment pleasant for residents and their guests. Our job is to elicit cooperation, not demand compliance.
Officers must park in the assigned spaces.
Update the Daily Activity Report each hour – Please record all activity during the hour. DO NOT write “all secure” or “all normal activity”
Check the exterior of the gate house and gates to ensure the entry ways are free of trash and debris.
When visitors arrive that are not guests or invitees, advise them there is a Road User Fee. $5.00 for bike and walkers,
$10.00 for 2-Axel vehicles, $20.00 for 3+ Axel vehicles. If they would like to pay the fee, obtain a debit or credit card and enter into the Square Reader System. Instruct bicyclists to ride single file.
	Instruct all historical visitors to remain on the main road and to remain in their cars at all times.
Always issue a “do not park in the grass flyer” and remind guests and contractors that the speed limit is 20 mph.
We will attempt to alert the resident of FED/EX, UPS going to the resident.
Cyclists are not permitted into the community one hour prior
to the departure of staff for the evening due to the need for staff to open the gates for cyclists to exit.	
End of shift / securing post	Ensure office is clean and remove personal items.
Update pass down log if needed.
Lock gate house if at the end of the shift.	

Uniform Requirements
White Shirt Black pants Black shoes Black Socks
ID and Name Tag

Action

Arrive at your post on time, well rested and ready to work.
Review the Log Book, Temporary Post Orders and Revisions to Original Post Orders sections of the post orders, and other essential information before you begin your shift.

Security Officer Duty Schedule	
Weekday Schedule	

1st Shift	0630 - 1830	
Saturday Schedule	

1 Shift	0630 – 1630	
Sunday Schedule	

1st Shift	0630 – 1630	

Contacts

Fire/ Police Paramedics

Justin Faircloth

Danielle Harmon Ivelin Yosifov	Title

CDD: District Manager

Acct. Manager Site Supervisor	Telephone 911

(239)245-7118

(239)337-5444	Cell

(239)785-0675

(239)240-5212

(239)285-9872	

**2.0 Emergency Telephone Numbers

Emergency Telephone Numbers

Calling instructions:
Call your site supervisor if you are unsure of what to do.

Call the fire department if you suspect or know a fire exists

Call 911 and the client contact when lives are endangered, and property is at risk

Sheriff’s Department
(Non-Emergency Numbers)
Marco Island Police Dept	239.338.8243
UTILITIES
Florida Power & Light (Electric)	800.468.8243
LCEC (Lee County Electric Cooperative).	800.599.2356
Century Link (Telephones)	800.399.1811
Comcast (Cable)…	239.793.3577
Trash Collection	239.252.2380
FIRE DEPARTMENT
(Non-Emergency Numbers)
Emergency Medical Services (EMS) Collier County (EMS)…	237.774.8459
Marco Island Fire & Rescue…	239.252.2380
COLLIER COUNTY
FL Wildlife…	305.470.6863
Emergency Management	800.342.3557
Water Main Breaks…	239.394.3880
Florida Marine Patrol…	800.342.5367
Coast Guard	239.261.7375
STORM INFORMATION HOTLINE	800.342.3557
(Only when activated)
Other Important Numbers
Physicians Regional Medical Center	239.348.4000
Wildlife Rescue Conservancy of SW Florida…	239.262.2273

Post Orders	Emergency Responses

Essential Contacts
Contact	Telephone Number	

Danielle Harmon	
239.240.5212	

Branch Office Number	
239.337.5444	

Justin Faircloth	
239.785.0675	

Fire/Plice/Paramedics	
911	

		

		

		

NOTIFICATION ORDER

Post Orders	Emergency Responses

Who to Call When	Call these people in this order when the following situations
Happen: (Refer to the Emergency Response section of the post Orders for specific instructions for dealing with emergencies.)

Fire Emergency	Call 911 or the local fire department first

Call the client contact

Call your Securitas supervisor

Other Types of	Call your Securitas supervisor
Emergencies

When Uncertain of	Call your Securitas supervisor

**3.0 Emergency Responses

Key Marco
505 Whiskey Creek Drive Marco Island, Florida – 34145

Explain the nature of the problem and any special circumstances
Hazardous chemicals
Explosives
Tell the dispatcher where someone will meet the emergency responders
Do not hang up until the dispatcher tells you to do so.

Identify yourself

Give the name and address of the facility and location of the fire.

CALL 911

Follow these steps When responding to a fire emergency

Leaks and Spills	Follow these steps when you discover or are notified

Do not touch or attempt to clean up leaks and spills if you are unsure of their contents.
Hazardous materials can cause serious personal injury and irreparable damage to property and the environment. Instead, notify the appropriate party as directed by the client.

Emergency Response	or a spill.

Non-Hazardous Leak or Spill

Caution:

Materials should not be handled and should never be flushed into the sewer

Hazardous Leaks Or Spills

Logic:

Professionals are trained to Minimize the damage potential of hazardous materials

If the leak or spill appears to be non-hazardous:

Barricade the area.
Notify the General Manager

Justin Faircloth 239.785.0675

Note the event in your daily report and complete an Incident Report of necessary. Also, record the event in your log book.
If the leak or spill is hazardous:
1. Notify the General Manager. 2.

Justin Faircloth 239.785.0675

Contact your site supervisor, the Hazardous Waste Cleanup number and the client contact for information

Evacuate personnel and put barricades around the spill.
Do not attempt to contain or clean up leaks or spills of hazardous or unknown materials

Report Requirements

If you or anyone else becomes exposed to hazardous materials, call 911 for assistance
Note the leak or spill in your daily report and complete an incident Report. Also, record the event in your log book Include the following information:

When/where you observed the leak/spill
Size of and what the spill/leak is
What actions you took
Whom you notified

Fire Emergency Response

Attention:
Think safety first. Do not put yourself in jeopardy.

Feel the temperature of a door before opening it.

Protect yourself from heat, smoke, and gasses produced by the fire. Cover your head with a wet towel; keep close to the ground.

Logic: Your primary objective is to get professional, emergency personnel on site as quickly as possible.
Report Requirements

Attention: The time line of event is critical. If you forgot to record when you called 911 or when the emergency crew arrived, contact 911 dispatcher to verify these times.

Fire detection may be a part of a Security Officer’s
responsibilities. If you suspect a fire or are responding to an alarm, follow these steps:

Activate the fire alarm if you pass one on your way to the telephone.
If you can do anything to help isolate the fire on your way to the telephone. Do so (3.t., close doors as you go down hallways).
If the action keeps you from getting to the telephone quickly, do not do it

Find the nearest telephone and call the Fire Department- 911

When calling 911:
Identify yourself.
Give the name and address of the facility and the location of the fire.
Give important details (e.g., “We have people in the
building. We store hazardous chemicals in that
warehouse.”)
Indicate where you will meet the emergency crew.
Do not hang up until the dispatcher tells you to do so.
Sound the alarm to initiate evacuation if you haven’t already done so.

-12-

Never assume that the building is unoccupied, even if you ae 100percent sure no one is inside!

Call the client contact.

Call your Securitas supervisor.

Make sure that you or another officer is at the assigned location to meet emergency personnel.

Perform the specific duties assigned you in the client’s Fire
Emergency Plan (which is attached to these post orders).

Think safety first. Always remember to protect yourself and, if possible, assist others before attempting to save property.

Do not allow unauthorized personnel into the building after the fire is over. Help prevent further client loss by watching for and reporting vandals of looters.

After the emergency is over, note the event in your daily report and complete an Incident Report. Also, rrecord it in your log book. Keep all information factual and include a time line of events. Note the time:

You discovered the fire
You called 911
Emergency crew arrived
You called the client contact and your Securitas supervisor
Time the emergency crew left

Bomb Threat Call Response

What to Listen For

Follow these steps when you receive a bomb threat call.

Respond calmly to a bomb threat call.
Signal another person to listen to the call if possible
Alert another person in the immediate area.
Activate the covert signaling system (if available).
Keep the caller on the line as long as possible. Use the Bomb Threat Questionnaire contained in these orders.
Record every word spoken by the caller
Ask the caller the location of the bomb and the possible detonation time.
Inform the caller that the building is occupied, and the bomb detonation could result in death or serious injury to many innocent people. This statement may help you get additional information form he caller if he wishes to avoid personal injury.
Pay particular attention to background noises (motors running, background music and other noises that may give a clue as to the location of the caller).
Listen closely to the voice:
Male of female
Calm or excited
Accent
Speech impediment
Report the call as soon as the caller hangs up. Notify:
Client contact
Securitas supervisor
Police and other appropriate authorities if directed to do so by client.

(If possible do not use the same phone/pone line that the Bomb Threat was received)

Do not leave the premises until the incident has been terminated.

Perform the specific duties assigned to you by the client.

Use standard telephones to communicate not radios or cellular telephones. Radio and cellular telephone transiission energy can cause premature detonation.

Do not allow re-entry into the building until the building is declared safe for re-entry by the appropriate authorities.
Do not discuss the bomb threat with people in the crowd or members of the news media. Company Policy prohibits employees from making any comments to the press. In addition, your comments may be misrepresented, and additional bomb threats may be precipitated. Sample response:

Please speak with the appropriate company spokesperson

When people are allowed back into the facility, follow the
client’s access control requirements.
Note the event in your daily report and complete an Incident Report. Also, record the event in your log book Keep all information factual and include a time line of events. Note the time
Call was made
You called the, client contact and your Securitas supervisor
Time the police/bomb squad arrived and left

Never move or touch any suspicious object.

Bomb Threat Questionnaire	
When is the bomb going to explode?	
Time the call was made and phone number that threat was received on:	
Exact words of the caller:	
Are you sure you called the right building?	
What number did you call?	
Where is the bomb right now?	
What side of the building?	
What kind of bomb is it?	
How powerful is it?	
What does it look like?	
Why did you place the bomb?	
How did you get it into the building?	
Where are you calling?	
What’s your name?	
Description of the caller’s voice/characteristics:	
1).Male	2) Young	3) Old	4) Voice Tone	
5) Female	6) Middle Aged	7) Accent	Type of Accent	
1) Slow	Angry	2) Loud	Slurred/Drunken	3) Normal	Scared	4) Sincere	
5) Rapid	Laughing	6) Disguised	Soft	7) Broken	Stutter	8) Excited	
Background noises:	
Is the voice familiar?	Who does it sound like?	
Time caller hung up:	
Remarks:”	
Person who received the call:	
Address/ Telephone:	

Note: immediately report this information to the police and any other appropriate authority

Post Orders	Access Control

**4.0 Access Control

Public Relations

As a Security officer, you have a variety of duties, but note as important as dealing with the public positively and effectively. Often, you may be the only contact a person has with the company for whom you are working. Your public relations skills shape the public’s view of both the client and the Securitas organization.

Take pride in your appearance. People judge the client by your behavior. Refrain from doing anything that irritates or upsets other people.
Maintain a professional relationship with all people who enter the property.
Always appear attentive and willing to help.
Listen attentively to what people say. Ask questions if you do not understand what they are requesting.
Try to help people if their request is within the limits of your post orders. If not, refer them to the client contact for assistance.
Do not react negatively to people’s demands.
Respond politely. Neve engage in a verbal battle with the person.
If you cannot help the person, contact someone who can
Observe Securitas’ Use of Force policy.

Do not use force to restrain people unless you need to protect yourself or others from bodily harm.

For example, if someone violates the access control policy and gains access to the property, report him/her. Do not chase him/her down or touch him/her.

Post Orders	Rules, Regulations, Specialized Duties

**5.0 Client Rules, Regulations and Specialized Duties
Realtors: Can be called in by Residents ant any time. Residents can give permission to a realtor to notify the guard house of future appointments.
Open Houses: Are to be held on Sundays Noon till 4 PM or Scheduled in advanced with Security
Process Servers: Must show proper State ID and be Valid. Not Authorization needed by Resident, Log in to Residents address and issue Pass. Write in Pass Down Book.
Securitas officers will:

Maintain Cypress Access System.
Issue Bar Codes to new residents and reissue bar codes for new vehicles and enter in forms and Cypress Access System
Update resident’s information into Cypress Access System as needed fill out forms sign and date
Input new residents in Cypress Access System as needed.  Fill out forms sign and date.
Input new residents in Cypress Access System. Must have completed forms or Warrantied Deed to enter and Issue Bar Codes sign and date.

**6.0 Security Officer Safety

Safety Instructions

Think Safety

Securitas is concerned about the safety of its Security Officers and site supervisors. Our employees are our most important assets. Lost time on the job due to accidental injury is costly to everyone

The ability to perform your duties safely is largely dependent on you. A little planning and thinking can help you avoid accidental injuries and create a safe work environment.

An important part of your job includes observing and reporting safety hazards.

Always report any noticeable hazard. Never assume someone else will report it.

Keep reporting the hazard until it is corrected and the area is safe or the client has directed you in writing to stop reporting the hazard.

Follow these steps when starting a new job or a new shift at an existing post.

Inspect the area for safety hazards. Ask yourself the following questions:
Have any lights burned out in your workplace or patrol area?
Would and area be safer if it had better lighting?
Are there overhead obstacles that I need to be aware of and tell other personnel about?
Are there any wet spots on the floor caused by water, oil etc. that might create a problem?

Post Orders	Officer Safety

Safety Instructions

Vehicle Safety
Caution: immediately report an Unsafe vehicle to your supervisor

The golf cart will be shared with the Property Manager

	Are there any obstacles in my path that I need to watch for (e.g., debris piles, electrical cords, loose rugs or carpeting, unusual protrusions)?
Are there any obviously overloaded electrical circuits, bare wires, unattended electrical appliances (e.g., hot plates, coffee pots, etc.)?
Do any of the stairwells have broken areas in parking lots or sidewalks? Are the handrails mounted securely?
Did I encounter any holes of broken areas in parking lots or sidewalks?
Has inclement weather caused any hazards? Watch for down trees and down power lines.
If you drive a vehicle as part of your duties, complete the Daily Vehicle Inspection Checklist (attached to these post orders) and make sure you can answer the following questions affirmatively before driving a vehicle:

Do not operate an unsafe vehicle when conducting company business.

Is the vehicle in safe working order?
Make sure the headlights, taillights, and signal lights work correctly and are not burned out.
Test the brakes and check the brake fluid.
Check tires for worn areas and check the air pressure
Are the windows clear for proper visibility?
Are seat belts in proper working order?
Walk around the vehicle and check for obstructions or people before starting and moving the vehicle.

Post Orders	Officer Safety

Take Precautions

Caution:

Use your flashlight when You enter a dark room. Do not rely on luck and fumble around in the dark.

Caution:

Being observant can help Prevent a bump to the head Or a bruise from an unseen Object.

Logic:

Using your senses to detect Hazards can save you from Serious injury

Slips and Falls

While on rounds, look for obstructions, safety hazards, “blind”
spots etc.

Report findings in your Daily Report and Log Book.
Note any hazards in your Log Book and review them with your relief.

Always have a flashlight and extra batteries available while on duty. A power failure during the day can make the interior of a building totally dark.

Always take a flashlight and an extra battery on patrol.

Use handrails when going up and down stairs.

Watch where you are walking. Avoid slippery floors and surfaces. Look for obstacles in your path. (See Slips and Falls below.)

Look up and around you. Be aware of your surroundings.

Use common sense to prevent injury. Do not clown or fool around while on duty.

Use Equipment properly and safely.

Use all your senses for safety.

Look for hazzards.
Listen for unusual noises.
Smell for smoke or strange odors.
Feel for unusual heat or cold
Slips and falls account for over one-third of all Security Officer injuries. Observe the following safety precautions to avoid injuries from slipping or falling.

Post Orders	Officer Safety

Attention:
Use your flashlight to help you detect slippery areas.

Logic:
A change in elevation increases Your chance of falling.

Caution:
If your duties require you To carry large objects. Get Someone to help you and alert you to hazards.

Always be on the lookout for slippery surfaces (ice, water, oil, and grease).

Avoid the hazard by walking around it.

Do not cross-greasy or oily areas. The oil or grease stays on your shoes and contributes to future slipping or falling hazards

Maintain proper balance when changing elevation.

Do not run on stairs or steps. Always use handrails when provided.

Do not turn corners close to the wall.

See, do not just watch, where you are walking.

Do not carry large objects that block your view.

When walking on uneven surfaces (ramps, driveways, etc.)

Walk slowly and carefully.
Use handrails when provided.
Watch for and avoid potholes, cracks, slippery spots, and water accumulation.

Avoid walking into an object by being aware of your Surroundings

Use a flashlight or turn on lights when going into a dark room
Proceed cautiously when turning corners.
Use aisles and provided pathways. Do not take shortcuts.

Report Risks

Attention:
Immediately contact the client If the hazard presents a serious Threat. If the hazard is part of Rputine maintenance, just Record it in your Daily Report.

Reporting to Local Securitas security Office

Report all observed hazardous or unsafe conditions as directed by client) e.g., malfunctioning equipment, exit signs not illuminated, lights burned out, missing or obstructed fire extinguishers,
loose handrails, slippery substances on floors, and water leaks.

If the hazard requires immediate attention, promptly report it to
the client’s maintenance department or client contact.

OR

If the repair does not warrant immediate attention, just enter it in your Daily Report; do not call the client’s maintenance department directly.

Report all safety hazards to your site supervisor.

Note all hazards in your Daily Report and Log Book. Complete an Incident Report if necessary and review with your relief.

Keep reports factual; never include personal interpretations.
Securitas encourages employees to report safety hazards to immediate supervisors. If corrective action is not taken within a reasonable time and the hard continues, report the hazard to the Local Securitas security Office. Describe the hazard and its location as specifically as possible.

Note: Reports may be sent anonymously.

Send reports to the following address or call the local Securitas Security Office at this number: 239.337.5444

Securitas Security Service USA 14060 Metropolis Avenue Fort Myers, FL 33912

-22.1-

Post Orders	Temporary Post Orders

** 7.0 Temporary Post Orders

Temporary Post Orders	
Date and Time	
People Who Communicated and Received Temporary Orders	
Client Contact:	Position:	Signature	
Securitas
Contact:	Position:	Signature:	
Time and Date
Contacted Securitas Branch Manager:	
Start Date and Time:	End Date and Time:	
Temporary Post Orders	
	Officer’s Signature	

		

		

		

		

		

		

Post Orders	Temporary Post Orders

** 8.0 Revisions to Original Post Orders

Temporary Post Orders	
Date and Time	
People Who Communicated and Received Temporary Orders	
Client Contact:	Position:	Signature	
Securitas
Contact:	Position:	Signature:	
Time and Date
Contacted Securitas Branch Manager:	
Start Date and Time:	End Date and Time:	
Revisions Post Orders	
	Officer’s Signature	

		

		

		

		

		

		

Post Orders	Mission Statement

-23-

** 9.0	Mission Statement

Mission Statement

Securitas
Integrity Vigilance Helpfulness

The mission of Securitas Security Services USA, Inc. is simple: Provide the highest quality security services available in the industry, at the most competitive rates. Our goal is to assess and understand the security needs of our clients and deliver service that protect the client personnel, assets and property. The Securitas USA organization is committed to moving forward and developing the most cutting edge, efficient, customer-oriented security firm in America. At Securitas, USA we have the expertise attitude and resources t provide the highest level of security services available anywhere.

While serving as your security services provider we have the following objectives:

Help to serve as a deterrent to criminal acts, violence, theft, vandalism, etc.
Protect personnel, property, assets, proprietary and confidential information.
Observe and report potential hazards, criminal activity and safety concerns and function as the eyes and ear of the client.
Maintain access control to client property.
Assist client in enforcing company policies, procedure, and practices.
We strive to achieve the Securitas USA mission by practicing the company’s three core values:

Integrity
Vigilance
Helpfulness
These values dictate the way we think, act and perform our duties. They are the basic tools to help us conduct business at the highest possible level and make Securitas USA the security provider and employer of choice in the security industry.

Post Orders	District Biography

**10.0	District Biography
Securitas Security Services USA, INC.

The Fort Myers Office is located at:

14060 Metropolis Avenue Fort Myers, Florida 33912

Main Telephone Number
239.337.5444

Main Fax Number
239.337.5695

The Office Staff Consists Of:

Area Vice President
Bob French

Branch Managers Ralph Miranda Matt Travis

Account Manager
Danielle Harmon

Human Resources Manager
Brishana Morris

Post Orders	Sexual Harassment Statement

**11.0	Sexual Harassment Statement
Statement of Non-Discrimination and Affirmative Action

Non-Discrimination: Securitas is an equal employment employer and expects its employees to actively support its diversity and affirmative action programs. We recruit, hire, train and promote person in all job titles without regard to race, color, creed, religion, physical/mental disability, medical condition, national origin, citizenship status/ancestry, sexual orientation, age, gender/sex, marital status, veteran status, status, with regard to public assistance, or any other status protected by law. The Company ensures that all personnel with regard to public assistance, or any other status protected by law. The Company ensures that all personnel actions such as hiring, compensation, benefits, Company sponsored training, education, transfer, discipline, demotion, assignment, termination, layoff, and social and recreational programs will be administered without regard to protected group status. You are expected to demonstrate sensitivity and respect for all other employees and to demonstrate commitment to the Securitas equal employment opportunity and affirmative action objectives. You are asked to report any incident that you feel is inappropriate or in violation of Company policy.
Affirmative Action:  Securitas complies with Executive Order 11246, as amended, with regard to Affirmative Action and its policy of non-discrimination and equal opportunity, as well as applicable State and Local Laws, directives and regulations. Securitas complies with Section 503 of the Rehabilitation Act of 19 73, which require affirmative action to employ and advance in employment, qualified individuals with disabilities. Securitas complies with the Vietnam Era Veterans Readjustment Act of 1974 38 U.S.C.  4212, which requires affirmative action to employ and advance in employment qualified Disabled Veterans, Veterans Of The Vietnam Era and Other Eligible Veterans.
Responsibility for Implementation: The Region President is responsible for issuing and enforcing Securitas’ Equal Employment Opportunity-Affirmative Action Policy. The region President has designated the Area Manager as the principal Affirmative Action Officer responsible for designing, administering and monitoring the Affirmative Action Program. The Affirmative Action Officer has the full support of top management and is assured the staffing necessary to execute Affirmative Action Program responsibilities. All Securitas employees are responsible for demonstrating sensitivity to and respect for racial, cultural, sexual, age and physical differences when working with other employees and customers, and avoiding harassment of other on racial, ethnic, religious, sexual age or other protected group status

Post Orders	Sexual Harassment Statement

grounds. Adherence to this policy is expected of all employees, managers and executives of Securitas Security Services USA, Inc. and it subsidiaries
Policy Against Discrimination and Harassment

Securitas promotes a productive work environment and does not tolerate unwelcome verbal or physical conduct, or advances of a sexual nature, or any harassment based on gender, sex, sexual orientation, pregnancy, or other protected characteristic, which is a violation of state and federal law. Any individual who commits such a violation may be subject o=t personal liability, as will a discipline by the Company and possibly termination of employment. Each supervisor and manager have a responsibility to keep the workplace free of any form of harassment, and in particular, sexual harassment, Supervisors and managers are required to follow the chain of command and immediately forward any reports of harassment to the Company. There are three main types of OFFENSIVE behavior: 1) Conduct of a sexual nature that creates an offensive and/or hostile work environment; 2) Coerced sexual conduct by a person in a position of power in the workplace; and 3) Discrimination based on the gender of a person or toward a protected class. If you believe any employee or non-employee’s actions or words constitute unwelcome harassment, you have a responsibility to report the situation to your immediate supervisor, a Human Resources representative, your local branch management or the AlertLine as soon as possible. Securitas strictly prohibits retaliation against a person for reporting a complaint or filing, testifying, assisting or participating in any investigation or proceeding conducted by the Company or a government enforcement agency.

Post Orders	Sexual Harassment Statement

-27-

The following persons have been designated to receive complaints of sexual harassment of any other form of harassment:
Name:	Brishana Morris	Name:
Title:	Human Resources Manager	Title:
Address:  14060 Metropolis Avenue	Address:
Fort Myers, Florida 33912
Phone:	239.337.5444	Phone:

Agenda Page #118

Post Orders	Reading Post Orders

**12.0	Employee Training Record

Reading Post Orders

All Securitas Employees MUST read and sign Post Orders every 3	
	Security Officer
Print name, Initial after reading post orders	Supervisor
Verify that post orders were read	Date
Security Officer Completed Reading	Date
Supervisor Verified	

					

					

					

					

					

Post Orders	Post Duties

**13.0	Communications

Accident/Illness Emergency Response Involving Individuals

Serious Accident or Illness

When you witness or are notified of an accident/illness that involves one to four people, follow these steps:
	Evaluate the situation as quickly as possible using all available information. Ask yourself:
Is the situation serious?
What kind of accident/illness is it?
Is the person coherent?
Is the person intoxicated?
Is the person complaining of chest pains?
How many people are injured?
If the patient is coherent, let him decide what to do.
Rest for a short period
Call a taxi cab
Call a nurse/doctor.
Call your site supervisor and client contact and inform them of the event and what the person decided to do.
Note event in your Daily Report and Log Book. Complete an Incident Report if necessary.
If the patient is seriously hurt or too sick to assume responsibility for himself:
Call one of the following for assistance. (Try to ensure that someone stays with the patient while you telephone for help.)
Call 911
Do not hang up until you have:
Explained the situation
Given the address and location of the property
Explained which entrance to use

Post Orders	Post Duties

If you called the paramedics, arrange to have someone meet them at the assigned entrance and direct them to the patient.
Calmly reassure the ill or injured person that help is on the way.
Help make the person as comfortable as possible without moving the individual.

Caution:
If you are uncertain of the Cause of the incident, do Not guess.

Do not perform any first aid unless you are certified.

Notify the client contact and your site supervisor.
Note the event in your Daily Report and Log Book. Complete an Incident Report. Keep all reports factual. Include the following information:
Person’s name
Description of the illness or injury
Cause of the incident, if known.
Treatment rendered.

Accident/Illness Emergency Response Involving Groups of People

When you witness or are notified of an accident or illness that affects five or more people, follow these steps:
Call for assistance as outlined in the client’s disaster plan. Do
not hang up until you have:

Explained what happened and the number of people affected
Given the address and location of the property
Explained which entrance t use.
Notify the client contact and your site supervisor. Explain:
What happened
Location of individuals
Number of people injured
Follow the assignment outlined in the client’s disaster plan

Wear personal protective equipment if necessary

If you are assigned to the scene of the accident, help keep unauthorized personnel out.

Major Power Outage Emergency Response

Note:
Do not record guesses of Assumptions in your reports

Follow these steps if a power outage occurs while you are on duty.

If the telephone system is still operational:
Notify the power company (FPL: 239.262.1322
Notify the client contact and your site supervisor.
If the power outage causes the telephone to go off line:
Utilize cell phone
Send someone (preferably another Security Officer) to find the nearest operational telephone and have him call the power company, fire department, if necessary; Securitas supervisor; client contact.
Justin Faircloth 239-785-0675

Unlock the incoming gates until power is restored.
Post outside the gate
Implement the client’s emergency procedure.
Closely monitor area for unauthorized personnel.
Watch for looters, vandals and thieves.
Lock doors and gates if necessary.
	Note the outage in your Daily Report and Log Book. Complete an	Incident Report. Include the following factual information.
Time outage began
Outage duration
Who you notified?
Reason for outage if known
Damages

Post Orders	Post Duties

Severe Weather Warning Emergency Response

Responding to Severe Weather or Natural Disaster Emergency

Report Requirements

Follow these steps when faced with a severe weather warning or emergency:
Monitor the weather station and keep the client contact informed of weather conditions.
Check sensitive areas to ensure that equipment is operating properly. Recheck the areas as conditions change. Including:
Computer rooms
Storage tanks that require specific temperature regulations
HVAC (heating, ventilation and air conditioning) equipment.
Material storage areas
If an emergency occurs, help evacuate all
personnel. Refer to the client’s evacuation plan.
Help get injured people to safety.
After the danger has passed, keep unauthorized personnel from entering the property. Watch for:
Looters
Vandals
Thieves
Avoid answering questions about the emergency. Refer people to the company spokesperson.
Note the event in your Daily Report and Log Book. Complete an Incident Report.

Post Orders	Post Duties

Public Relations

Logic:

People judge the client by your Behavior. Refrain from doing Anything that irritates or upset other Other people.

As a Security Officer, you have a variety of duties, but none as important as dealing with the public positively and effectively. Often you may be the only contact a person has with the company for whom you are working. Your public relations skills shape the public’s view of both the client and the Securitas organization.

Follow these public relations policies and procedures when you wear the Securitas uniform.

Take pride in your appearance.

Ensure that your uniform is clean and wrinkle free and your shoes are polished.
Ensure that your appearance is always consistent with Securitas standards (see Handbook for Security Officers).
Maintain a professional posture at all times.
Use good standing posture
Always stand when a person approaches your post
Keep your hands out of your pockets
Walk without dragging your feet along the floor
Sit in an upright position. Do not slouch down or tip back in the chair.
Eat only in designated area during your breaks, not while on duty.
Always appear attentive and willing to help.
Look at people in the area, not the ground or walls.
Take the initiative to ask a person if he needs help if he seems confused.
Keep your face muscle relaxed and refrain from scowling.
Maintain a good balance between appearing friendly but acting professionally.
Spend the necessary time learning the lay out of the facility so you can help people when they ask for directions.

Post Orders	Post Duties

Maintain a professional relationship with all people who enter the facility.
Avoid socializing with people
Avoid calling people by their first names
Avoid engaging in personal conversations
When talking to people:

Look directly at the person
Always respond politely and courteously
Address the person as “Sir or Ma’am”
	Listen attentively to what people say. Ask questions if you do not understand what they are requesting.

Logic:

When working with the public, you are required to exercise good judgement, tact and courtesy.

Try to help people if their request is within the limits of your post instructions.

Do not react negatively to people’s demands.

Respond politely. Never engage in a verbal battle with the person.
If you cannot help, contact someone who can.
Observe Securitas Use of Force policy.

Do not use force to restrain people unless you need to protect yourself or others form bodily harm.
For example, if someone violates the access control policy and gains access to the facility but presents no danger to anyone, report him. Do not chase him down or touch him.
Whereabouts should be monitored at all time.
On the other hand, if the person endangers lives, you may physically restrain him. But do not jeopardize yourself to do so.

Visitor Access Control

Key Marco Visitor access is controlled by Cypress access software

Public Relations:

You serve as a representative of both Securitas and the client. Always present a positive public image.

Contractor Access Control

Do not allow unauthorized entry
Do not allow tail gaiting
Report authorized entry to the sheriffs’ office

Will verify who they are and where they are going before issuing a pass

Action:
Become familiar with the Property so you can give Accurate directions. Also . Keep aware of any activity that obstructs normal thoroughfares (e.g. home construction)

Do not allow contractors to remove client property unless they have the proper authorization.
No contractors can wait in or around the gate house. Guard House Hours: Monday – Friday 6:30 am – 6:30 pm

Saturday	6:30 am – 4:30 pm

Sunday	6:30 am – 4:30 pm

Guest/Visitor Parking

Key Marco requires all guests to park off street, pass will be issued from Security to display on dash board. Your primary responsibility is to ensure the guests and contractors know the parking and vehicle regulations.

If you have questions or are unsure of how to proceed, contact your sit supervisor.

All guest and contractor vehicles must park in the designated slots by the building they are visiting.
Speed limit is 20 miles per hour. Right of way is given to children, bicyclists and residents walking their dogs.
Companies are held responsible for violating these regulations. companies ignoring these rules can be barred from the Key Marco HOA

Post Orders	Post Duties

Keys

Logic:

The key holder helps you keep Track of keys. Lost keys expose Securitas to liability. Re-keying A facility is a costly expenditure.

Key control is vital to good security. Your primary responsibilities include safeguarding all keys in your possession, and never loaning keys to other people or using keys for reasons other than assigned security purposes.

When you come on duty, sign for the keys described in the post orders, indicating that you accept responsibility for all necessary keys.
Immediately notify your site supervisor if the outgoing Security Officer cannot provide you with the keys described in the post orders.
Before you sign for the keys:
Count all the keys and note (in your log book) the number of keys.
Take only the keys that you need. If the client gives you unnecessary keys, immediately notify you site supervisor
Secure keys that are used infrequently.
Ensure that you have an adequate key ring.
Safeguard the keys at all times.
Keep keys on the provided key holder.
Do not put keys into your pockets or hold them in your hands.
Never loan your keys to anyone else. If a person requires admittance to a locked area:
Verify that the person has access authorization to the locked area. If you cannot verify the person’s access authorization, deny entry into the area.
Accompany the person to the location. Secure your post before you escort the individual:
If another member of the Securitas security force is on site, have him come to the post.
When your shift end. Turn the keys over to the incoming Security Officer or secure them at the post station.
Sign the Log Book indicating you no longer possess the keys. Note the time you turned the keys over to the next shift.
Ensure that you account for all the keys that you originally accepted.

Post Orders	Post Duties

KEY CHECKKOUT LOG	
Key Number	Person Issued To (print name &
signature)	Time Issued	Issued by (Print & Sign)	Time Returned	Received By (Print name & sign)	

						

						

						

						

						

Talking to Police

Logic:
Police must know the facts to Respond effectively. Speak Slowly and clearly and try to To tell the everything of

If you need to call the police of other emergency personnel to report an emergency, disorderly conduct, unlawful entry, etc.:

Speak slowly and clearly.
Give the police all essential information and do not hang up until you are sure they understand what you are reporting.
Identify yourself.
Identify the company and its location.
Give a factual account of what is happening. Keep your opinions to yourself.
If the police will be coming to the facility, explain when and where you will meet them.

After calling police, keep the telephone lines clear in case the police call back to verify information
Notify Securitas and appointed client contact.

N/A

Securitas Shift Change

Logic:
Log Book entries contain all The information that you need To pass onto your relief

Post Orders	Post Duties

Employee Call-Off Log	
Date	Time	Emp0lyee Information
(name, employee number)	Dept.
Supervisor	Shift	Reason	

						

						

						

						

						

Post Orders	Post Duties

Forms

National Communications Center

The Securitas National Communications Center NCC), located in the Eastern Operations Center in Parsippany, NJ. Operates 24/7, 364 days a year, in support of our field offices. The NCC is designed to handle calls from our employees and clients. When a local office is closed, their phone lines are forwarded to the NCC so that no call ever goes unanswered. When a Customer Care Representative in the NCC takes a call, they gather information about the caller and the nature of the issue that needs to be resolved. A case report is created to document each call and the actions taken by the NCC on the caller’s behalf. Depending on the reason for the call, the NCC will follow the procedure notification. All calls placed to the National Communication Center are digitally recorded to provide a record of calls and subsequent actions taken on the part of the Securitas NCC Customer Care Representatives. Copies of all case reports are transmitted to the local offices throughout the day and copies of recordings are available upon request.

10C.

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