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Item C39BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October. 21, 2009 Division: County Administrator Bulk Item: Yes X No Department: OMB Staff Contact: Ernie Coughlin X4315 AGENDA ITEM WORDING: Approval to extend the existing contract with Keys Security Inc. on a month -to -month basis, with the same rate of $16.00 per hour, and approval to advertise for sealed bids for security patrols and services to the Duck Key Security District. ITEM BACKGROUND: Our existing agreement allows the County an option to renew the agreement for two (2) additional one (1) year term., and both renewal options ran out. Thus the need of extending the contract on a month -to -month basis until bid proposals can be obtained, so security services for the Duck Key residents will not be interrupted. PREVIOUS RELEVANT BOCC ACTION: On November 15, 2006, the BOCC approved a one (1) year agreement for security patrols and services to the Duck Key Security District. On November 14, 2007, the BOCC approved the first renewal agreement. On October 15, 2008 the BOCC approved the second renewal agreement to the Duck Key Security District. CONTRACT/AGREEMENT CHANGES: Extend agreement on a month -to -month basis, until bid proposals can be obtained and a new contract is approved. STAFF RECOMMENDATIONS: Approval TOTAL COST: Approx. $3,968 per month + $800 to adv. BUDGETED: Yes X No COST TO COUNTY : _ SOURCE OF FUNDS: Non Ad Valorem Spec. Assessment REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Att J�/P—UrchasingRisk Mana ement �-- g DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Keys Security Inc. Contract # Effective Date: November 1, 2009 Expiration Date: Month to Month Contract Purpose/Description: Extension of existing agreement on a month -to -month basis for security patrols and services for the Duck Key Securit District with the hourly rate of $16.00 per hour. Contract Manager: Ernie Coughlin 4315 OMB Stop # 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/21/09 Agenda Deadline: 10/6/09 CONTRACT COSTS Total Dollar Value of Contract: $ Approx. Current Year Portion: $ $3,968 per Budgeted? Yes® No ❑ Account Codes: 152-04501-530340- - Grant: County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes D e},,n Needed Revi er Division Director lel&Z ' Yes❑ No �� Risk Management �� Yes❑ No,� O.M.B./P=haling Yes❑ No❑21 �-- � County Attorney Yes❑ No❑ Comments: Date Out .Iivia> rviut 1\cvtJGUG/L//V1 1v1%-r ff/- MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Keys Security Inc. Contract # Effective Date: November 1, 2009 Expiration Date: Month to Month Contract Purpose/Description: Extension of existing agreement on a month -to -month basis for security patrols and services for the Duck Key Security District with the hourly rate of $16.00 er hour. Contract Manager: Ernie Coughlin 4315 OMB Stop # 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/21/09 Agenda Deadline: 10/6/09 CONTRACT COSTS Total Dollar Value of Contract: $ Approx. Current Year Portion: $ $3,968 per -- -- Budgeted? Yes® No ❑ Account Codes: 152-04501-530340-_ Grant: $ - - - County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, jan_ CONTRACT REVIEW etc. Changes Date Out Date In Needed Reviewer Division Director Yes❑ No❑ Risk Management Yes❑ No❑ O.M.B./Purchasing It Yes❑ No❑ County Attorney 10 Yes❑ No(]j� I Comments: JMB Form Revised 2Z27/01 MCP #2 CONTRACT EXTENSION THIS Extension, is made and entered into this 21 st day of October 2009, A.D., by and between the MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "County"), and Keys Security Inc. (hereinafter called the "Contractor"). WITNESSETH: WHEREAS, the second and final renewal agreement between the parties dated October 15`h , 2008 will expire on October 31st , 2009; and WHEREAS, the parties desire to continue the services under the existing agreement with the same rate of $16.00 per hour, on a month -to -month basis until bid proposals can be obtained; NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree to renew the existing agreement as follows: 1. Effective November 1, 2009, the contract shall continue on a month -to -month basis. 2. In all other respects, the agreement entered November 15, 2006, as the first renewal agreement entered November 14, 2007, as the second renewal agreement entered October 15, 2008 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in their respective names. ATTEST: Danny L. Kolhage Clerk of the Circuit Court and Ex-Officio Clerk of the Board of County Commissioners MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA IM IM Mayor George Neugent KEYS SECURITY INC. MONROE COUNTY ATTORNEY! PRR Ea AS TO FORM: CHRISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date 44 q SECOND RENEWAL AGREEMENT THIS AGREEMENT, made and entered into this 15`h day of October 2008, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "County"), and Keys Security Inc. (hereinafter called the "Contractor'). WHEREAS, on November 15t' , 2006, the parties entered into a one (1) year agreement for security patrols and services for the Duck Key Security District, commencing on the 1" day of November, 2006 and ending on the 31 sc of October, 2007. The County has an option of renewing this contract for two (2) additional one (1) year terms; and WHEREAS, the first renewal agreement expires on October 31 s`, 2008 and both parties desire to renew the original agreement for one additional year; this being the second and final renewal, NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree to renew the existing agreement as follows: 1. In accordance with Paragraph 4 of the 2006 agreement, the County hereby exercises it's option to renew the agreement for additional one-year term beginning November 1, 2008 and ending October 31, 2009. 2. In all other respects, the agreement entered November 15, 2006 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in their respective -names. AfT T: Danny L. kolhage Clerk of the Circuit Court and Ex-Officio Clerk of the Board of County Commissioners MONROE OOUN,,, v A flRNE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA BY Mayor Mario Di Gennaro KEYS SECURITY INC. BY :5-,—` DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: November 16, 2007 TO: Tina Boan, Acting Budget Director FROM: Isabel C. DeSantis Deputy Clerk At the November 14, 2007 BOCC Meeting, the Board approved the following: First Renewal Agreement with Keys Security Inc. for an amount not to exceed $60,000.00 per year at the rate of $16.00 per hour for Security Patrols and Services in the Duck Key Security District. Attached hereto is a duplicate original of the above -mentioned for your handling. Thanks. cc: County Attorney Finance File 0013 FIRST RENEWAL AGREEMENT THIS AGREEMENT, made and entered into this 141h day of November 2007, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "County"), and Keys Security Inc. (hereinafter called the "Contractor"). WHEREAS, on November 15th , 2006, the parties entered into a one (1) year agreement for security patrols and services for the Duck Key Security District , commencing on the 1st day of November, 2006 and ending on the 31 St of October, 2007. The County has an option of renewing this contract for two (2) additional one (1) year terms; and WHEREAS, the agreement still has one option for an additional one year term; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree to renew the existing agreement as follows: 1. In accordance with Paragraph 4 of the 2006 agreement, the County hereby exercises it's option to renew the agreement for additional one-year term beginning November 1, 2007 and ending October 31, 2008. 2. In all other respects, the agreement entered November 15, 2006 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in their respective names. ATTEST:-,Q, Li C j Danny L. Kolhage Clerk of the Circuit Court and Ex-Officio Clerk of the Board of County Commissioners MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA BY Mayor Cha le "Sonny" McCoy KEYS SECURITY INC. BY _ ::5=, LAI MONROE COUNT`! ATT RN A� . _ =C AS L17AN .E . HU : , ON OJNTMY� � Date DANNY L. KOLHAGE ,r {` CLERK OF THE CIRCUIT COURT DATE: December 21, 2006 TO: Salvatore Zappulla, Director Office ofManagement & Budget ATTN. Tina Boan Budget Director FROM. • Pamela G. Hancock Deputy Clerk At the November 15, 2006, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract between Monroe County and Keys Security Inc., for an amount not to exceed $60,000.00 per year at the rate of $16.00 per hour for Security Patrols and Services in the Duck Key Security District. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance File CONTRACT THIS AGREEMENT, made and entered into this 151h day of November 2006, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "County"), and Keys Security Inc. (hereinafter called the "Contractor"). WHEREAS, The Duck Key Security Advisory Council is desirous of having a contractor for security patrols and services in the security district; and WHEREAS, The Monroe County Board of County Commissioners as the governing body of County 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: 1. THE CONTRACT The contract between the County and the Contractor, of which this agreement is a part, consists of the contract documents, which are as follows: This agreement and any amendments executed by the parties hereafter, together with all required insurance documentation, the response to Request for Bid (RFB), and the RFB, including but not limited to, the general terms, and conditions in Section 2. In the event of a discrepancy between the documents, those most favorable to the County shall prevail. 2. SCOPE OF THE WORK The contractor shall provide Security and Patrols service as described in Attachment A in the Duck Key Security District for the County. Additional security services shall be provided by the contractor which 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 specified in paragraph 3.A. The District Board will document the authorization for additional hours in writing and said documentation shall be submitted by Contractor with the relevant invoices. The contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards as a minimum requirement: A. Staffing The Contractor shall maintain adequate staffing levels to provide the services required. The Contractor shall provide at its own expense all necessary personnel to provide the services under this contract. The personnel shall not be employees of, or have any contractual relationship, with the County or the Duck Key Security District. All personnel engaged in performing services under this contract shall be fully qualified, and authorized or permitted under State and local law to perform such services. B. Contractor's Records 1) The contractor shall maintain financial records in accordance with generally accepted accounting principles. An annual financial report audited and certified by a licensed Certified Public Accountant shall be provided to the County Clerk 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 the requirements of this contract concerning conflict of interests. 2) 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. 3) The Contractor shall retain all records pertaining to this contract for a period of five (5) years after the termination of this contract. 4) 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. 3. PAYMENTS TO THE CONTRACTOR A. The contract is for $46,720.00 based on the number of hours worked at the rate of $16.00 per hour. Contractor shall be compensated for those additional hours required by the District Board and which are within the annual budget of this contract; the total of all payments, including the routine security and the additional hours shall not exceed $60,000.00. Monroe County's performance and obligation to pay under the contract is contingent upon an annual appropriation by the BOCC. 1) The contractor shall submit to the County a monthly invoice for services provided during the preceding month with supporting documentation acceptable to the Clerk. 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. 2) The invoice will include a record of employee time worked and will differentiate time worked at the normal rate, time worked at the additional services rate at the request of the advisory board. 3) Upon receipt of the contractor's invoice in the proper form as stipulated above and upon acceptance by the Clerk, Monroe County will make payment in accordance with the Local Government Prompt Payment Act. 4. TERM OF CONTRACT 2 The term of this contract is for one year, commencing on November 1, 2006, at 12:01 A.M. for a term of one year. 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. The Contract amount agreed to herein shall be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve months available. 5. 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 therefore. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the 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. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with 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. 6. 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 first ten dollars ($10.00) of remuneration is consideration for the indemnification provided above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This provision shall survive the cancellation or termination of this Agreement. Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance as required in the Request for Bid. All insurance shall be from companies licensed to do business in the State of Florida and having an A.M. rating of VI or better. The insurance shall be maintained during the term of the contact. Monroe County shall be listed as an additional insured on the General Liability And Vehicle policies. 7. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find the Contractor or any of his employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 8. ASSURANCE AGAINST DISCRIMINATION County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis or race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex: 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42USC ss. 6101-6107) which prohibits discrimination of the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255) as amended, relating to nondiscrimination of the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may to the parties to, or the subject matter of, this Agreement. 9. ASSIGNMENT n W 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 of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 10. 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. 11. DISCLOSURE AND CONFLICT OF INTEREST A. Covenant of No Interest. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 1212.311, et. seq., Florida Statutes. B. Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. C. No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individuals, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, of offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration 12. NO CREDIT 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. 13. 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 Administrator 1100 Simonton Street Key West, FL 33040 FOR CONTRACTOR: Simon Leird Keys Security Inc. 2860 Dolphin Drive Marathon, FL. 33050 14. TAXES and County Attorney PO Box 1026 Key West, FL 33041-1026 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. 15. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 16. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such function and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 3 17. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 18. 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. 19. GOVERNING LAWS VENUE 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. This Agreement is not subject to arbitration. Mediation shall be held according to the rules prescribed by the 16th Judicial Circuit, Monroe County, Florida. 20. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 21. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug Free Workplace Statement. 22. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 7 23. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 24. ACCESS TO RECORDS The Contractor and County shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor and County in connection with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 25. SECTION HEADINGS Section headings have been inserted in this agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF the parties hereto have executed the Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. OLHAGE, CLERK By: eputy Clerk (SEAL) Attest: By: _ Title: By: _ Title: WITNESS WITNESS 0 BOARD OF COUNTY C MMISSIONERS OF RO1r Y, FLO IDA By: Mayor/Chairman CONTRACTOR By: Title:GJ MONROE COUNTY ATTORNEY APPROVED AS TO FORM: SU N M. GRIMSL ASSISTANT COUNTY ATTORNEY Date - --2 y- oc ATTACHMENT A 1. Specifications The Contractor must submit to the owner a copy of its Class "B" operating license as defined and required under Florida Statute 493. All security personnel must have a class "D" license as defined and required under Florida Statute 493. Security personnel must be screened for drug usage via a standard pre -employment urine drug test. The Owner and Duck Key Security District reserves the right to require periodic random drug testing of security personnel. An examination of each security person's driving record from every state where he or she has resided is required. A satisfactory driving record is required of all security personnel (not more than three tickets and /or accidents in the past five years and no instances of DUI or DWI). Security personnel are specifically prohibited from carrying weapons of any sort to include but not be limited to firearms, batons (nightsticks), stun guns and chemical weapons (i.e. mace, pepper spray). Security personnel do not have arrest or detention authority and must refrain from any action which may jeopardize a "legal" arrest by qualified law enforcement officers. Security vehicles (automobiles required ) must be equipped with driver's side spotlight, amber flashing light, distinct logo prominently displayed preferably indicating "Duck Key Security" as allowed under present state licensing parameters, cellular telephone and two-way radio communication equipment allowing immediate communication with the contractor's base station. In no case shall security vehicles be operated at speeds beyond the local posted limits. Security vehicles are specifically prohibited from engaging in pursuit driving and/or high-speed response to emergencies. All security personnel will wear uniforms designed to closely resemble a police officer. Reflective, adhesive stickers will be provided by the Contractor for identification of vehicles of residents of the Duck Key Security District. The contractor shall also make guard hours and phone numbers available to residents for: guard, supervisors, and sheriffs office. Contractors will include telephone stickers with appropriate information to be available to all residents in the district. 2. Scope of Services The Contractor will provide on -site security services on the following schedule: 0 Daily 9:00 P.M. to 5:00 A.M. seven (7) days per week unless otherwise agreed to by the parties. A minimum of four (4) drive through circuits of the entire Duck Key Security on the four residential islands will be provided for each eight (8) hour shift. Up to 15 door checks per night only to residents requesting that such door checks be made. Door checks to be requested in writing. Address of door checks to be noted in daily report. Daily patrol reports made in duplicate, one copy will be delivered to a designee of the Duck Key Security Advisory Board and copy to be retained by the Contractor. Security personnel will be expected to report any unusual activity, remove trespassers, quite noisy parties, and direct emergency vehicle and/or traffic and question suspicious activity. Contact with the Monroe County Sheriff's office will be made anytime situations occur which, in the judgment of security personnel, fall outside these parameters when obvious legal activity has taken place. Excess water usage notifications found at an unoccupied residences will be forwarded directly to the property owner by the contractor. 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. 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 within a vendor of their choice. Security personnel will not enter an unoccupied residence without an accompanying Monroe County Sheriff's Deputy. Contractor to provide up to eight electronic check -in stations to be placed in mutually agreed locations throughout the four (4) residential islands to be activated each time a circuit is made. Patrol cars to display a sign "Duck Key Security". Patrol cars to carry a first aid kit, "throwable" personal floatation device with suitable length of rope, fire extinguisher and a key for shutting off Aqueduct Authority residential water valve. Either party may cancel the contract upon sixty (60) days written notice. 10 d s 4- a v � W d s v H V O 0 ui ~ ui ui per.. 0) ° C) C 4-- Q Lf) Q Q ' N LLJ D>-Z �Z s f V a CLo CL LU =a= c-v a W -j CD Of otnw'Dw�w s z O 0 � W N CDM w W H orno�-+'' L-b -0 d'Q�hNLnV-4 V aw aviio ° z¢ ¢ a o d w U. W 0 ° U. = N N Q 3 t W O tn to O d o V(gZN v a Z Z O 3- LU -v z U) z v z TA P4 o = w(Zj� m e o z z z Z�m = Vwf m w a Q d !a" O 4y- to L W J y c > z a L ° V O m Z W Q CL F- ¢ L o > m v v F .-. LU U z �. o o Z N N rL v, V p Y z '-' LELI 4-3 v N d W V� z `-' 016 o p aCl- v z y ui _4- u uv o L t— (>) (n CL d v v 51 Eli $ o Cn Oz ci LL d r- � cb H Ui Gip RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COA1MISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 SECURITY PATROLS AND SERVICES BID FORM The undersigned, duly authorized to submit this bid on behalf of the 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 Sections 2.03 and 2.04, for P'6 Ma —?A" The sum of $ I I LC". `y— per year, to be paid in i. Z installments of $ ? , each - AT 3 i6c,;a f4o4:z DATED: "I L W' esses (signatures oft renuired): I acknowledge receipt of Addenda No.(s) Signature: Print Name: ,.,�„; �,•z Title: I have included: Bid Form / Drug Free Workplace Form Insurance Agent's (or RespondentBidder's)Statement Lobbying and Conflict of Interest Clause 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.) Mailing Address: . h--,o �, l,.i k Telephone:. ` .S ,i r,,-A-ii vu �� .�3_ :�_ Fax: `N'.- <�a 36 Signed: f� (Name) (Title) 37 r�1`il� Date: (Seal) r,.,o `�YP(jri4 MI[hP1.2'LS2COIItI�.e 34ig C0 w1 A. AFF Banded Um Nr rtOMu��, ABC BanftgCo lm DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: KEYS SECURITY INC. (Name of Business) 1. 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 workplacc. 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 (1). 4. in the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo 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 it 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. Bidder's Signature 'a - 5 , o t.- Date B3l83J2&85 12:8Q 3357435848 - k-EYS SECURITY IAC . II�1S'�Aita �ga,�•, 1 101" � � ,ffi� a e dr sawed bekm rm �B Posey, 'Y �G� 7Sa3 3� ZFAU C ULU l,coo --------------- Univeraai Siss_ agency �� �Nut RMWMW sr.&Tnojmwr d ;emntrrae list WN is m*mdokwy if xww dW nbe coub ct a aE W10 mWjy is tuft xeys 5ec=i.ty Isr. • McgLST 36 PASEZ 81 1 -d TUa.�aac,a.nr SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY FLORIDA ETHICS CLAUSE MS SECURITY , INC . Iwarrants that he/it has not employed, retained or otherwise had act on his/its 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 County officer or employee. (Sim) STATE OF FLORIDA PONALLY APPEARED BEFORE ME, the undersigned authority, �rif ih,& w<<ircf who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this sS day of _ r%arc,! 20 4 V1 4'".=:` OMWOPHM B. WM DEW; NOTARY PUBLIC * * MY.00MMm4MtCC959830 FxPtflES:August 9,2004 My commission expires: O a''1opa! BWAee iku BudgN Naar services: IF OMB - MCP FORM #4 38 NON -COLLUSION AFFIDAVIT I,_Chrictine A L irA ofthecityof Mnx:at-hnn,F10_ric9a according to law on my oath, and under penalty of perjury, depose and say that: 1_ ofthefirmof Keys Security Inc the bidder making the Proposal for the project described in the Notice for Calling for bids for. Spni city patrol c & apr1r_ r-cc in i)tin]c Rev Spn»ri t V n--t 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 manor relating to such prices with any other bidder or with any competitor, 3. unless otherwise requited 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, direly 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 -fun knowledge that Monroe County relies upon the truth of the statements contained in this afiidavit*in awarding contracts for said project. t " Kt ...GQ (Signature of Bidder) STATE OF: ELORIDA COUNTY OF: MONROE PERSONALLY APPEARED BEFORE ME, the undersigned authori ? ,� • 5 • r.> a (Dam) who, after first being sworn by Ame-(name ing) of individual signaffixed his/her signature in the space provided above on this 5I'Z day of / —� aAn/20,�4,V rot? ! PL�c CttRISTOPHER B. WALDERA * * MY COMMISSM # CC 95M EXPIRES: August 9, 20()4 area Ra���< Bonded 7W M Budget NOWY Services —42-ZL X//L/ NOTARY PUBLIC My Commission Expires: PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction fc public entity crime may not submit a bid on a contract to provide any goods or services to a publi amtity, may not submit a bid on a contract with a public entity for the construction or repair of ; )ublic building or public work, may not submit bids on leases of real property to public entity, Mal iot be awarded or perform work as a contractor, supplier, subcontractor, or consultant under :ontract with any public entity, and may not transact business with any public entity in excess of the hreshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 m.onth� ' om the date of being placed on the convicted vendor list." WORKERS' COMIxENSATION 2005 Editiocz INSURANCE REQUIREMENTS FOR CONTRACT: Patrol and Security Services BETWEEN MONROE COUNTY, FLORIDA AND Keys Security Inc. • • c Y.r•: In addkwi. the Conbactor shall obtain EmOWere Lobfty Insuranoes with Omft of not less than: $100.000 Bodlr k*ffy by lit $500,000 Bodily lr*jry by Disease, pommy rmft $100,000 Bodly hVxy by Disease, each mm VOyee Coverage shall be nt*ta1red #mocghout fire erne tern► of the contract Coverage shag be proceed by a corrrpary or authorised to b ansact businew in to Stake of Florida aril the company or companies must maintain a nr m rating off►-Wl, as assigned by the AM. Best Company. ff the Contractor has been approved by Florida's Dew of Labor, as an authorized seif4msur+er, the County shag recognme and horror #w ConiracWs; stahm The ConkacW may be r+equffW to submit a Letter of Auftmization issued by the Department of Labor and a Cerblicate of insurance, proving delais on the Contractor's Excess Gain Program. If the Contractor des in a seff4vwrance femci, a CertHicate of kmrance wN be required. In adcWom the contactor may be required to subrrei updated firmcial statements from the fund upon request from the County. A trafim hisfuZw wC1 #7500 0 2005 Edition INSURANCE REQUIREMENTS FOR CONTRACT: Security Patrols and Services BETWEEN MONROE COUNTY, FLORIDA AND Keys security Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shalt 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: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 per Occurrence $50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, iiss provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative Instruction G 2 #7500 27 VEHICLE LIABILITY$ Eamon INSURANCE REQUIREMENTS FOR CONTRACT: Security Patrols and Services BETWEEN MONROE COUNTY, FLORIDA AND ___Keys security Inc Recognizing that the work governed by this contract requires the use of vehicles, the Cor&actor, 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 minimm, liability coverage for. Owned, Non -Owned, and Hired Vehicles $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be- t at tit .- •�.. - ..- The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Adminisfrafte Instruction VL2 #7500 GENERAL LIFA MLITY 2005 Edition INSURANCE REQUIREMENTS FOR CONTRACTDuck Key Security BETWEEN MONROE COUNTY, FLORIDA AND Keys Security Inc. 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 any one 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 1998. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLS Administrative Instruction 29 #7500 _ v�• .yrrt 4rIM r�`1L�lV e AWKEL CREFrrWIC ATE OF UABILffy INSURANCE oom 31 iS fixing Gm ! - W7 � co � °°m � Jfackson ft FL Mol MM �s�car Paym Sarxi 8 & As Ma srtsomm Texfr Irm an K"s Sea,Ir�y. kc ►� m: I�etrlbr�w Co VIS OormW Ave "___ Key Weat FL 33040: SM .ice TMQ%—. m aEusr FE ►wr fvmu mwa.. Tmv am 90 I curAP M (_„J x�e A x E"s s aausim saft� we •r�a�norucsu�urn AMU= uIom aupu l l � "n a I— **=a "=^W& 3D�8d312.fi c�aTlacw��a.aae Fft Cry __L_ s�an,a.reror ais.srSa.�sas MAVIVMMW- WALL WMGWMmswn W CkWM,VMWM �v�e+.rraros�s�wa� a�ssrr.ti,us.��we.v av so wrrs sam w agga m"m on unow" cr AM care +sue ."m •vies ns A&WN M WUN I tkQMVMW OT rtWWI:EH ALLIED FLORIpA INSURANCE 092200 05 PO BOX 501713 RMERFC1I �l DECLARATIONS PAGE MARATHON FL 33050 U A.r�r�.caV4.ro TELEPHONE:(305) 743-0104 aF FL ORIDlt IMPORTANT COVERAGE EXCLUSIOI POLICY NUMBER IFRW POLICY PERIOD . TO APPLICABLE TO ALL COVERAGES, EXCEPT PERSONAL INJURY PROTECTION AN[ 05081977 10/16/2006 , wAM 04/16/2007 A. $10.000 OF PROPERTY DAMAGE LIABILITY. PROVIDEQ NOW OR LATER. It is agreed that the insurance afforded by this policy PERSONS INSURED shall not apply nor accrue to the benefit of any insured or any QED �NSUR® third party claimant when any car is being used or operated 51MON S LEIRD by a person listed below regardless of where the person VERS resides or whether the person is licensed to drive. 51MON S LEIRD WILLIAM LEIRD CHRIS TINE LEIRD ULING 2860 DOLPHIN DRIVE DRESS MARATHON FL 33050 tj YEAR VEHICLE DESCRIPTION SERIAL NUMBER COST OR VALUE 2006 FORD F-150 SUPERCREW PKP 4X2 4D 1 FTRW12W96FA19309 �.A4l.A LOSS PAYEES R.M. ADDITIONAL INTERESTS Lm. LOSS PAYEES AND ADDITIONAL WERESTS RAL GARAGING ADDRESSES I= AND REGISTERED OWNERS MOI OTHER THAN TMOSE LISTED ABOVE GA1 RO INSURANCE AFFORDED IS ONLY WITH RESPECT TO SUCH OF THE FOLLOWING COVERAGES AS ARE MMATED BY A SPECIFIC PREMIUM CHARGE OR cHwR THE LIMIT OF THE coMPANY'S LIABILITY FOR EACH SUCH TRADE IS STATED BELOW SUBJECT TO ALL THE TERMS OF THE POLICY. COVERAGES LIMITS OF LIA8I1.17 Y PREMIUMSrAPMPUZABLE L4L EQUIPME NT my NLWRY LwsrtrrY $ 25,000 ++ $ 50,000 EACHACQDEI7T CAR CAR AND AMOUNTS OF R EACH rreA ARE STATED ITEMS tNSiIR® ARE SUBJE9CT TO DEDUCTtKE. 140 WE RTY DAMAGE LIABILITY $ 25,000 EACH ACCIDENT 99 NSURED MOTORISTS NERAGE $ EAM PERSON $ FACH ACCIDENT ®REJECTED sTAC7CFD NONSMACIC® MS MMUIR® LBMTT - SONAL INJURY PROTECTION $10,000 DEDUCITBLE SO TYPE P -02 SEE 74 HCAL PAYMENTS $ _ EACH PERSON _ NPREREvSIVE DBE cAR1 $ 500 cm $ CAR $ 32 UslON DEDUCTIBLE C.AR1 $ 500 CAR $ CAR $ 278 nNG AND LABOR $ EACH DISABLEMENT TAL CAR BENEFIT $ 3O PER DAY 30 DAYS MAXIMUM 27 PREMIUMS PER C4R IORSEMENTS ATTACHED TO THE POLICY 650 10 01 /2005 U242 08/2001 U-45B 11 /1997 U-179 11 /1997 Poeww FEE 0 TOTAL PREMIUM 650 IMPUK I AN I IIVI-VKMA I IUN EFFECTIVE 10/16/2006 Your automobile insurance expires and coverage ceases at 12:01AM on 10/16/2006 Coverage under this policy will become effective provided the premium is paid as indicated on the enclosed NOTICE OF PREMIUM DUE. O TO: SIMON S LEIRD 2860 DOLPHIN DRIVE MARATHON FL 33050 Counter signed: vcutri c ntcrn.,., MENNEN mom OEM SURCH 9E 8 D S X [,ICY NUMBER: FL 05081 nAeH Intr_ nATC• 0Q11 t i')nna L.) r, � r-,-3 r- Pr M I-q rwI `.L M iv r, 3 m v, C3 V. r— t= rl M us O fa co n r.: c- lw- P-G c:: ILU n kn b m n MOMMr z >:r M u M 0 m -t. M G) m C) m -4 aiZ m m 0 M r- 0 _. rn 00-< x -M * C) <cn co CD r- -) z 0 -r M 0 z Z C) CO 0m GO n Cy :r Z > m 4h- CID W co nm GO m ul- Qt; cl Ut c rill 00 g zam mg.. . em Z" ca W �oK o c7 b zoo 0 r 1.4 W z K [+J �t7H off- o 0 r H J H O w td �0 �Go 0 z �t -v _r --t �0 nm _CO CO Z A m O mm OZz GOZ.- v �mm nm Xy> xA�4 G)�mo z 4 Z � Smv � M UJ C Ao o 65 v C '4 m Cn r- n m z m z O d ca n- N 0 0 0 a c m D m N N J O IT 0 b H H b 0 A� 00 ogg CIO to rr W O � Za ^^� z M� 0 Go 9 UD C/1