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Item D06 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 18, 2005 Division: Management Services Bulk Item: Yes X No Department: Administrative Services Department Contact: Tina Boan AGENDA ITEM WORDING: Approval of an amendment to increase the contract for Eagle Security, Inc., in the amount of $4,088.80, and to continue services on a month to month basis at the discretion of the Duck Key Security Advisory Board until the RFP process is completed and a new contract for services is entered into. ITEM BACKGROUND: N/A PREVIOUS RELEVANT BOCC ACTION: Approved contract for services dated April 2 I S\ 2004, CONTRACT/AGREEMENT CHANGES: Changes under Section J.(i.) increased from $63,961.60 per annum to $68,050.40 per annum due to increase in hours of service, STAFF RECOMMENDATIONS: Approval TOTAL COST: $4,088,80 BUDGETED: Yes --1L. No COST TO COUNTY: $4,088,80 SOURCE OF FUNDS: Duck Key Security District REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year APPROVED BY: County Atty OMB/Purchasing ~ Risk Management X DIVISION DIRECTOR APPROVAL: Sheila A. Barker DOCUMENTATION: Included To Follow_ Not Required__ DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Eagle Security, Inc. Contract # Effective Date: April 2005 Expiration Date: April 2005 Contract Purpose/Description: Amendment to current agreement to increase the contract amount from $63,961.60 to $68,050.40 per annum. This increase of $4,088,80 is necessary due to the extra hours Required during the term of the contract. Contract Manager: Tina Boan 4472 OMB/ Stop #1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 511 8/05 Agenda Deadline: 5/3/05 CONTRACT COSTS Total Dollar Value of Contract: $ 4,088,80 Budgeted? Yes[gJ No D Account Codes: Grant: $ N/a County Match: $ Current Year Portion: $ 4,088,80 ] 52-0450] -530340 - ----- - - ----- Estimated Ongoing Costs: $O,OO/yr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out O,M,B./Purchasing Division Director Risk Management County Attorney Comments: OMS Form Revised 2/27/01 MCP #2 Contract Am.endment This amendment is made and entered into this. 18th day of May, 2005, between Monroe County, hereinafter called the '~County.)> and Eagle Security, Inc_. hereinafter called the "Contractor." Whereas., Monroe,County desires to revi~ the current agreement to reflf:Ct more hours of service, requiring additio~l comp~nsation; now, therefore, , In eODsideration of the mutual t.erms., understandings., . conditions, promises. covenants. and payments hereinafter set forth,. County and Contractor agrees as follows: , ] . The agreementenlered into on April 21. 2004, shall.be amended by . revising Section. J. PAYMENTS TO THE CONTRACTO& ~ubsecti()n (0 to read as follows: (i.) The contract is for $68,050,40 per annum based on 4,477 hours .of service at $15.20:per hour. 2. All other provisions of the Agreement dated: April 21, 2004, not inconsistent herewith. shall remain in full force effect In Witness Wbe~of, tbep31ties have hereunto . set their hands and seal. the day and year first written above. (Seal) Attest: Danny L. Kolhage, Clerk Board of County Commissioners Of Monroe County, Florida By ..----.......~....._- By: Deputy Clerk Mayor ~Y'I~ U.--9~ Attest; Secretaty (Seal) Contract for Services , THIS AGREEMENT, made and entered into this 21 sl day of April, 2004, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "Owner"), and Eagle Security, Inc , (hereinafter caned the "Contractor"), WHEREAS, The Duck Key Security Advisory IS desirous of having a contractor for security patrols and services in the security district; and WHEREAS, The current contract is set to expire at 12:01 AM on April 30, 2004; and WHEREAS, The Monroe County Board of County Commissioners as the governing body is authorized to enter into contracts on the Advisory Board's behalf; and NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: I. THE CONTRACT The contract between the Owner and the Contractor, of which this agreement is a part, consists of the contract documents, which are as follows: This agreement and any amendments executed by the parties hereafter, together with the response to RFB and all required insurance documentation. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed, 2. SCOPE OF THE WORK (a) The Contractor will provide on-site security services on the following schedule: Daily 9:00 PM to 5:00 A.M. Monday through Friday, unless otherwise agreed to by the parties, Friday, Saturday and Sunday 9:00 A.M, to 5:00 P.M, and 9:00 P,M, to 5:00 A.M" unless otherwise agreed to by the parties. Holidays- Thanksgiving, Christmas, New Year's Day, Memorial Day, 4th of July and Labor Day - 9:00 A.M. to 5:00 P.M, and 9:00 P,M, to 5:00 A.M, unless otherwise agreed to by the parties. (b) A minimum of four (4) drive through circuits of the entire Duck Key Security will be provided for each eight (8) hour shift. (c) Door checks of all unoccupied residences will be made at least once every thirty (30) days with a minimum of twenty (20) random door checks provided each eight (8) hour shift, All door checks will be noted in the daily patrol report, unless otherwise agreed to by the parties, (d) Daily patrol reports will be in duplicate, One copy will be retained by the Contractor; one copy will be provided to a designee of the Duck Key Security Advisory Board. (e) Security personnel will be expected to report any unusual activity, remove trespassers, quiet noisy parties, and direct emergency vehicle and/or traffic and question suspicious activity, Contact with the Monroe County Sheriffs office will be made anytime situations occur which, in the judgment of security personnel, fall outside these parameters or when obvious illegal activity has taken place, (f) Excess water usage notifications found at unoccupied residences will be forwarded directly to the property owner by the contractor. (g) Additional security services may from time to time be requested by the Duck Key Security District Advisory Board. Any such additional security services shall be billed at the normal hourly rate as specified in the contract. (h) The Duck Key Security District reserves the right to contract with other vendors or agencies from time to time for additional security services (i.e. Off-duty Sheriff's Deputies, Marine Patrol Officers or other private security providers,) Individual residents of the Duck Key Security District may also contract for additional security services either directly with the contractor or with a vendor of their choice. (i) Security personnel will not enter an unoccupied residence without an accompanying Monroe County Sheriff's Deputy. Contractor shall provide servIces usmg the following standards, as a mmImum requirement: (j) Staffing The Contractor shall maintain adequate staffing levels to provide the services required under the contract resulting from this RFB process. The Contractor shall provide the County with an annual report, and other statistical reports as are required by law. (i) The Contractor shall provide at its own expense all necessary personnel to provide the services under this contract. The personnel shall not be employees of or have any contractual relationship with the County, (ii) All personnel engaged in performing services under this contract shall be fully qualified, and, if required to be, authorized or permitted under State and local law to perform such services. H. Contractor's Financial Records (i) The Contractor shall maintain financial records capable of being audited of all fines, restitution, and supervision fees received, expended and disbursed by the Contractor. An annual financial report audited and certified by a licensed Certified Public Accountant shall be provided to the County Clerk and to the Court Administrator or his designee within one hundred twenty (120) days following the close of the Contractor's fiscal year. The certified financial report shall be in such detail as to disclose the revenues, expenses, and disbursements relating to the services provided under this contract. Notes to the financial statements shall disclose noncompliance with requirements of this contract concerning conflict of interests. (ii) The Contractor shall also record and maintain statistical data concerning the security patrols and services, and such additional information as may be required by the County. A quarterly report shall be submitted to the County Administrator. 2 (iii) The Contractor shall retain all records pertaining to this contract for a period of five (5) years after the termination of this contract. (iv) The County, the Clerk, the State Auditor General, and agents thereof shall have access to Contractor's books, records, and documents required by this contract for the purposes of inspection or audit during normal business hours, at the Contractor's place(s) of business. I. Public Records and Open Meeting Laws The Contractor acknowledges the requirement, insofar as it may be deemed to be acting on behalf of either the County or the Court, to comply, when applicable, with Florida public records and open meeting laws, PAYMENTS TO THE CONTRACTOR (i.) The contract is for $63,961.60 per annum based on 4,208 hours of service at $15.20 per hour. (ii.) The contractor shall submit to the County an invoice with supporting documentation acceptable to the Clerk on a schedule as set forth in the contract. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. (iii,) The contractor will submit such invoice monthly for services provided during the preceding month. The invoice will include a record of employee time worked and will differentiate time worked at the normal rate, time worked at the premium rate and additional time worked at the request of the advisory board. (iv.) Upon receipt of the contractor's invoice in the proper form as stipulated above and upon acceptance by the Clerk, Monroe County will make payment in accordance with the Florida Prompt Payment Act, Florida Statute 218.7. 3. TERM OF CONTRACT The term ofthis contract is for one year, commencing on the 1 st day of May, 2004, at 12:01 A.M. and ending on the 30th day of April, 2005 at 12:01 A.M. County has the option of renewing this contract for two (2) additional one-year terms. County shall provide Contractor at least thirty (30) days notice of its intent to renew. 4. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the security district for which he shall provide services and has made investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full responsibility therefor. The provisions of the Contract shan control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the 3 Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. B. ~ny ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who in any event shall be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. D, The Contractor agrees that the County Administrator may designate representatives to visit the Contractor's facility(ies) periodically to conduct random open file evaluations during the Contractor's normal business hours. E. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the County upon request. 5. HOLD HARMLESS AND INSURANCE The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and the County Court of Monroe County from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents, The extent ofliability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms WCI, GLl, GLS, GIR 1, and VLl, each attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department 6, INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee ofthe Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find the Contractor or any 4 of his employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. . 7. ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, sexual orientation, gender identification, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 8. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary and pursuant to the recommendation of the County Court Administrative Judge, This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions ofthis agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 9. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 10, DISCLOSURE AND CONFLICT OF INTEREST A. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. B. Upon execution ofthis contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all programs in Monroe County which the Contractor sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. 11. ARREARS 5 The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. ] 2. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Office of Mgmt & Budget and 1 ]00 Simonton St., Suite 2-213 Key West, FL 33040 County Attorney PO Box 1026 Key West, Fl. 33041-1026 FOR CONTRACTOR: Joe Fernandes PO Box 522724 Marathon, Fl 33052 13. TAXES The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 14, TERMINATION A. The County may terminate this contract for cause with seven (7) days notice to the Contractor, Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B. Either of the parties hereto may terminate this contract without cause by giving the other party sixty (60) days written notice of its intention to do so. 15. GOVERNING LAWS This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. 6 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shaH, without proof or accounting for the other counterparts, be deemed an original contract. . - (SEAL) Attest: By: WITNESS Title: BY:~~ ~, A;,~~ / /7jfdP'/Ad Title: ~ ~~Ol BOARD OF COUNTY COMMISSIONERS OFMONROECO~A By ~~ v ayor/C aIrman c?'?~~ ;;p .. .' f"'.Jo 'T\ = :% 0 = (:) .Z'" r z > X I'T' :::l:J("')Z >>- 0 Oy-;L -< "";:::11( '.' N ....., ("'). ~ ......a 0 en ::0 C::::o ~. z. 0 ~ ::0 --("')y- I'T' ~~::r ('; .. . )> '-!? ..., C' 0 r ..., 0 :::0 ,.. 0 1:;;::4 7 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list." 20 - 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay, The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. - 21 - Adminislration Instruction TCS #4709.2 SWORN STATEMENT UNDER ORDINANCE NO.1 0-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE FJ4G Ie Secl.1.l?l ~ ~ warrants that he/it has not employed, retained or otherwise had act on hishts behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No, 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former ounty officer or employee. /" (Signature) 3- 9 -() 1.-/ (Date 5 (// STATE OF TJ tJlC IdYl- COUNTY OF (YI tJ J1J RtJ e . PERSONALLY APPEARED BEFORE ME, the undersigned authority, :> ~ ~ \) 4 OJu'(ui. ~o, after first being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on this ~~y of m , 20 J2..t. My commission expires: S.'iE11.A CAN1i.ER I,IY COMMISSION II DO 220970 EXPlRCS: June S. 2007 lIorideclllvuN<lWfPlllllc~ OMB - Mep FORM #4 38 1996 Edition RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRA nON MANUAL General Insurance Requirements For Other Contractors and Subcontractors As a pre-requisite ofthe work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work., resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in the contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules, Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced, Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance, The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: It Certificate of Insurance or It A Certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. .22 - GIRl Administration Instruction #4709,2 1996 Edition The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County-prepared fonn entitled, "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. - 23 - GIRl Administration Instruction #4709,2 1996 Edition WORKERS'COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Uniform Service BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assign&! by the A.M. Best Company, If the Contractor has been approved by Florida's Department of Labor. as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a CertifICate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the contractor may be required to submit updated financial statements from the fund upon request from the County, Administrative Inslruction- 24 -WC1 #4709,2 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Uniform Service BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance, Coverage shall be maintained throughout the life of the contract and include, as a minimum: '" Premises Operations '" Products and Completed Operations . Blanket Contractual Liability . Personal Injury liability '" Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred, If coverage is proVided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County, The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. . 25 -Administrative Instruction GL1 #4709,2 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Uniform Service BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum. liability coverage for: .. Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all poliCies issued to satisfy the above requirements. - 26 -Administrative Insll'Uction GL1 #4709.2 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves providing of guards and other security services on or off County property, the Contractor's General Liability Insurance policy must extend to, and be no less restrictive, than an acceptable Law Enforcement Liability policy specifically providing coverage for intentional acts, which coverage must include any violation of the constitutional right of any person for damages and attorney's fees under anyone or more of the following civil rights statutes: 42 USCA 1981, 42 USCA 1982, 42 USCA 1983, 42 USCA 1985, 42 USCA 1986 and 42 USCA 1988. The Monroe County Board of County Commissioners shaH be named as Additional Insured on all policies issued to satisfy the above requirements. GLS Administrative Instruction 27 #4709.3 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POUCY AND PROCEDURES CONTRACT ADMDNISTRA nON MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: .. The County as being named as an Additional Insured-If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured. Risk Management has been granted the authority to waive this provision. and .. The Indemnification and Hold Harmless provisions WaivinQ of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements, If a waiver or a modifICation is desired, a Request for Waiver of Insurance Requirements fonn should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the fonn will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts, Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority, Administrative Inslruclion 28 #4709,3 MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have himlher sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY x Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liability Same As Employers' Liability WCI WC2 WC3 WCUSLH WCJA Administration Instruction #4709.2 INSCKLST31 GENERAL LIABILITY As a minimum, the required general liability coverage will include: e Premises Operations e Blanket Contractual III Expanded Definition Of Property Damage II!I Products and Completed Operations Personal Injury . Required Limits: GLl $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit GL2 $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit GU $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit GU $5,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and collapse (XCV) GLLIQ GLS Liquor Liability Security Services All endorsements are required to have the same limits as the basic policy Administration Instruction #4709,2 INSCKLST32 I' Progressive Corp 2/23/2004 11:59 PAGE 2/2 RightFax ~t'SSi\l!' lngjrancl' Commerdal Vehlde Ol1Rson 6300 WtI5al Mills Road Mayteld Village. OIl 44143 fI(}{)..444-4<l!l7 PIlIMIIIEUNF !~1~~ Po&y ~ 0211S71G.o Febtu.wy 23. 2004 Page 1 01 1 Certificate of Insurance C.....tlllIeIIhr Addilionallnsured MONROE (OUNlY 1100 SIMONTON S KEY WEST, FL 33040 ~ .. .... iOSEPti FE"Ri,jANDES...... .. DBA EAGlE SEQJRllY 1050 SYl. VIA AVE MARATHON, FL 33050 ~ ....PROGRESSiijE' . PO BOX 94739 CLEVELAND, OH 44101 This dOOJment certifies thit insurance polices identified belON have been issued by the designited insurer to the insured named above for the period(c;) indicated. This Certificite is issued for informiticn purposes only. It coofers no rights upoo the certificite holds and does nd: change. ~er, modify, or e'Xtend the covs ages .iforded by the polices listed bellMl. The c()/erage5 afforded by the pdides listed belON are subject to all the terms, exdusions, limititions. endorsements, and con ditions 01 these policies. ...... .,. .. -.... Policy Elfertive Date: Cd: 2, 2003 .....~ilIl~. . .... B odil.v IniJ'Yl!'r!lp~ DalTlage.... Pl!l~a1ln jury Prote<1ion ...".. . ..."..... . ... Policy Expiratim Date: Cd: 2, 2()()o1 I.IIIIIIs '$50;00&$ i oo;OOOi$:?s; 000' . .. .....,........ .. .. ..............d..................... $10,000 w/$O Oed - Named In~red Only Ducription of Loc:atiolt/Vtlhides/Spllcial Item ~cIIIIe~ .~~&J~IJ.... ........... 1990 CHE\lRt'lET SlN 1GNa18lOL0117943 ............ ............. ........ .......... 1993 GMC 9.JJ lGKCS13W2P2501231 1991 CHEVY SlN lGNCS 1817M8227846 ........ ....... ....". 1993 fORD PASS AUTO lfAPP15i4PW340671 Cert:iialte ulllllher 05404851710 Please be advised mat additioollli il1Sllll'_ and lienholden will be I"IOtifieJd in 1M went of ill mid-term amceIliItion. ;+ f..",141 (IOAl)) MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have himlher sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WCI WC2 WC3 WCUSLH X X Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liability Same As Employers' Liability WCJA Administration Instruction #4709.2 INSCKLST31 VEHICLE LIABILITY As a minimum, coverage should extend to liability for: . Owned; Non-owned; and hired Vehicles Required Limits: VLl x VL2 VL3 VL4 BRl MVC PROl PR02 PR03 POLl POL2 POL3 ED! ED2 GKl GK2 GK3 Administration Instruction #4709.2 $50,000 per Person; $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $ 50,000 Property Damage or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES Builders ' Risk Limits equal to the completed project Motor Truck Cargo Limits equal to the maximum value of anyone shipment Professional Liability $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$l ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $ 500,000 per Occurrence/$ 1,000,000 Agg. $1,000,000 per Occurrence/$ 2,000,000 Agg. $5,000,000 per Occurrence/$1 0,000,000 Agg. Pollution Liability Employee Dishonesty $ 10,000 $100,000 Garage Keepers $ 300,000 ($ 25,000 per Veh) $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) INSCKLST33 MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: E Il-G'/e SeeM ref 'J &. })tj,c Is j< eJ See. /.4'" I 7 ~ /$ /O..QJ s;; J V J ~t 1ft! e tJ1J4f(J4f-h.ON FL .3.10j-0 Contract for: Address of Contractor: Phone: .?oS-7cf3- dtY22- S ec <1 ~ I f;j p/;./-ro / DfAck ... Ke) CI Scope of Work: fE~~ N;:,,-~ml!;;:;;:~~~;.rT~ No T f(tefi( Ifl~' g Wot" t:.e fS CciM~" li q,./."'>' Signature 01 Contractor: .:t 1>~. ~ a~/J ~/ ~ Not Approved Risk Management: ~ tf 17/01 Reason for Waiver: Policies Waiver will apply to: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Administrative Instruction #4709.3 29 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: EItGie Sec&fl?l~ (1, ' (Name of Business) I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I). 4. In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 39 NON-COLLUSION AFFIDAVIT I, ... To 5E Jd h b IiRrJttNd~Softhe city of m I1-IfJ4 f-h ON according to law on my oath, and under penalty of perjury, depose and say that: F'- L lam of the firm of E J40 Ic.;e 5:e C fA ,-e J f;j 0" the bidder making the Proposal for the project described in the Notice for Calling for bids for: D ~ c j~ K'fJ <:; .eC t.u<e I/;J ~ I'S . and that I executed the said proposal with full authority t do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for s . pr 'ect. ~ 3-7-d~ (Date) STATE OF: HOIC1d4 m tJ n) Je..ee. fI' " COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, :5~U ~~~ who, after first bei~swom by me, (name of individual signing) affixed hislher signature in the space provided above on this ~ \- day of \"{'\. r~ 20M. My Commission Expires: SHaACANTLel MY COMMISSION # DO 220970 llooded T1wu NoIIty Publie lJndenItlilM 37 ACORD .. CERTIFICATE OF lIABll:TY If~SURANCE I DATE~ 10/31/2003 l'ROllUCER THIS CERTIFICATE IS ISSUED AS A .....TTER OF INFORMATION El Dorado Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AIIIEND, EXTEND OR p, O. Box 66571 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Houston, Texas 77266-6571 713-521-9251 INSURERS AFFORDING COVERAGE ",SURm Eagle Security Company INSURER A:. Clarendon America Insurance Co. 1050 Sylvia Avenue INSURER B; Marathon, FL 33050 INSURER ~ INSUREft D: 1305-743-2822 .""IAI'RF' COVERAGES THE POlICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A8CVE FOR THE POLICY PERIOO INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAlN. THE INSURANCE AfFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUClES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. ~~ TYPE OF IHS~ POUcv NUIIIIIIER -- __1101< uwrs ~ UAIllUTV EACH 0CClJRRI!NCE ! 1,000,000 ~DRCIAl Ga<€RAL L........'TY fIRE DAMAGE (Any........1 ! 50,000 _ CLAIMS lAAOE [R] OCCUR IoOiDEXP(Any.......-) $ 5,000 A ~ Errors & HXOOO07448 10/27/03 10/27/04 P1ERSONAL & AIH INJIJRY $ 1,000,000 _ Omissions GE.NeRAL AGGREGATE $ 2,000,000 ~AGGREGAn~leSn PRODUCTS . COUPIOP I<GG $ 1,000 000 X POlICY '::z: LOC ~.-:>BM.E LIAlIIUTY CClOI8INEO SINGlE uurr $ AHYAUTO ~ (Ell_) t-- I-- AU. OWNED AUTOS 800ll Y INJURY $ SCHEOiJl.ED AUTOS (Pv........,) I-- t-- HIRE!> AUTOS BOO&.. y INJURY $ NON-OWNEO AUTOS (Pv-l t-- I-- PROPER'N DAMAGE $ (Pv~ ~~ AlJTO ONly. EAACCIDEHT $ OTHER THAN EAACC $ AUTO ONlY: AGG $ OCESSLIAlIIUTY EACH 0CClJRRI!NCE $ OCCUR o ClAlMS lAAOE AGGREGATE $ $ ~ OEDUCTI8LE $ RETENTION $ $ ~S~MTJUHAIQ WCST...ru- I IO~' .-.o't'llRS' UAIlIUTV EL EAC:;H ACClOENT $ EL OlS€ASl! . EA I!MPlOYEE $ E.L DISEASE. POlICY uurr $ 0""'" DDCIWTlON OF OPERAT1ONM..OCAl"IONSNE.HICL.UlEXClUSIOHS ADDED BY 1!:HO(jff! e E II'&P'ECfAL ~ The Certificate Holder is named as Additional Insured on the General Liability policy as required by Written Contract. CERTIFICATE HOLDER I X, ADOOlOIW. _ __ ~ A CANCElLATION SHOULD AHV OF THE AIIOVE 00CRIIlII!'D FOUCIlES BE CANCIIEU...tED liiIIEFOftE: THE' OPtRAl'1OH Monroe County DAft T'tIERE:OF. THE tMUINO 1lN~ WILL t1!Mt:IEAVOR 1'0 MAM.. ~ DAYS """""" 1100 Simonton Street NOl1CI! TO TMO! camFlCAl1! -...... ........, TO """ LEFT. IIlJT FAIllME TO 00 so ~ Key West, FL 33040 (OMB) IMP'Ol!SI! NO 08C..JGA'f'IOflI Oft UA8I.IrY OF AIf'( KIND lJfI'ON THIE ~ ITS AGENTS OR ~ ) --..r...'I'lWS- ........--... ~ IW1"NORQ:E:D ~AT1'W ( or. ~ 1 ....L. ACORD 25-8 (1/91) e ACORD CORPOR'ATION 19M SECURITY PATROLS AND SERVICES BID FORM The undersigned, duly authorized to submit this bid on behalf ofthe bidding entity, hereby proposes to provide the services specified in the Duck Key Security District Security Patrols and Services Request for Bids, Specifications and Scope of Services, as outlined therein in Articles 2.03 and 2.04, for The sum of $.b3 9 bl. /:'0 per year, to be paid in ~ I ~jS:JO pe.e hr. DATED: 1)3~of stallments of $ ~ ltach. /) '~A- ~~ u h FeI?,.hMld~ of 2 required): Print Title: i 36 GENERAL LIABILITY As a minimum, the required general liability coverage will include: . Premises Operations . Blanket Contractual . Expanded Definition Of Property Damage . Products and Completed Operations Personal Injury 01& Required Limits: GLl x $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit GL2 $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit GL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit GL4 $5,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and collapse (XCU) GLLIQ Liquor Liability GLS x Security Services All endorsements are required to have same limits as the basic policy Administration lnstruction lNSCKLST32 #4709.2 Mar 09 04 09:37a Mar 8 '04 10:21 (305)289-18588 EAGLE SE~iUTY: . .' .. . ..... .... ..... ... n<_.._.:'______ INSURANCE ACF-i'lT'S STATEMENT J llitve rc"ic....t:d the <:IN:>\fC rcxJoin:!lletlls with the hidder named below. TIle lollowm!; <lcducliblcs apply to the C()1T~11ot'lding policy. POU{;V IlF.DUCTmt ES __H!QQQ.02!~~eDeral Liabih1:y $100 El Dorado In~~ce A~Inc. i~uran~c: Agmcy Li"bility poli,;;"s 3re ----I- Occurrence '__ Claims Made RmDER..~ STATEMENT j understand the insurance thllt will be mandatory if awllJ'ded tbe contract and will l."llIply in lull with :dlll1e roquil'l."I11et1ts. f~~ ~_e~il-f Bidder (:;1 ^thIUniMf,.Hu.l'f1 hl:'{llt(;lhJfI ::.a,()(),2 INSU<J.ST35 P_O? 1".2 MEDl Medical $ 250,000/$ 750,000 Agg. MED2 Professional $ 500,000/$ 1,000,000 Agg. MED3 $1,000,000/$3,000,000 Agg. MED4 $5,000,000/$10,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLPl Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liability Maximum Value of Property HKLl Hangarkeepers $ 300,000 HKL2 Liability $ 500,000 HKL3 $1,000,000 AIR 1 Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 AIR3 $50,000,000 AEOJ Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg. AE02 & Omissions $ 500,000 per Occurrence/$1 ,000,000 Agg. AE03 $1,000,000 per Occurrence/$3,000,000 Agg. EOl Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg. E02 & Omissions $ 500,000 per Occurrence/$I,OOO,OOO Agg. E03 $1,000,000 per Occurrence/$3,000,000 Agg. Administration Instruction #4709.2 INSCKLST34 RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS do PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) Oml3- 7t)-~9~-~oOC/-LC I have included: Bid Form y.., Drug Free Workplace Form L Insurance Agent's (or RespondentlBidder's)Statement Lobbying and Conflict of Interest Clause -i..- Non-Collusion Affidavit ~ In addition, I have included a current copy of the following professional and occupational licenses: (Check mark items above. as a reminder that they are included.) p (J) So DC.. S;;.. J.. ) do 4 fJ1 f!ICAf-htfrlJ FL Fax: 365'- .zpt:- fSbG ~O,52 ~C) {)!j ~...L- Wilness:~~.. 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