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11/15/2006 Agreement DANNY 1" KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 21, 2006 TO: Salvatore Zappulla, Director Office of Management & Budget ATTN: Tina Boan Budget Director FROM: Pamela G. Hancor;lt'J,v Deputy Clerk (J) 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 15th 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: I. 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 ofthe 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. I B. Contractor's Records I) 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 ofthe 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 ofthis 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. I) 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 ofthe advisory board. 3) Upon re,:;eipt ofthe 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 ofthis 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. CONTRA.CTOR'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) COlTect 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. S. 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 ofthe 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 indenmification provided above. 3 The extent ofliability 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 ofthis 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. Momoe 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 ofMomoe 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 Momoe 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: I) 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 ofthe 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 ofthe 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 of1912, 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 ofthe 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. 120 I Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Momoe 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 II) 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 4 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, suc:h 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 ofthis 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, ct. 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 contrac:!, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further 5 warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REOUIREMENT Any notic(~ 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 COUl\!TY Monroe County Administrator 1100 Simonton Street Key West, FL 33040 and County Attorney PO Box 1026 Key West, FL 33041-1026 FOR CONTRACTOR: Simon Leird Keys Secmity Inc. 2860 Dolphin Drive Marathon, FL. 33050 14. TAXmi 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. IS. 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 ofthe 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. 6 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 ofthe 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 ofthe obligations ofthe 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 ofthem, 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 Contrador 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, oUker, 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) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ~lk~ j Mayor/Chairman :::G2:~ERK Deputy Clerk (SEAL) Attest: By: CONTRACTOR WITNESS By: 0- ~ Title: (J.'.J~'-:5. C> C> ~ "!;: :;On"" 0,-::-; r"';:;::.,,: c")" , MONROE COUNTY ATTORNEy~%1'?~ IpPROV~ AS T910RM:, :=;~~\\~~ ,-_<:A_~~ ~'__A_A~ c' ./ SUSAN M. GR SLEY --";Y In ASSISTANT COUNTY ATTORNEY ? Oa.a /()- .1;'< '0" ~ g:: o ~ C"> ..... - WITNESS Title: !i o.D ., cJ1 1;:" -n i"" \:....., o -n o :;0 :;0 rn C':> o ;;0 o Title: By: 8 A IT ACHMENT 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 lor accidents in the past five years and no instances ofDUI 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 emergencks. 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 sheriff's 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: 9 Daily 9:00 P.M. to 5 :00 A.M. seven (7) days per week unless otherwise agreed to by the parties. A minimum offour (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 Momoe County Sheriffs 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 oftheir choice. Security personnel will not enter an unoccupied residence without an accompanying Momoe County Sh()riffs 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 I- U ... a:: l- ll) ... Q > I- li! , :;) ::E U Il. 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III " 8- o ." i:ii RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 ~~~b ~-~ 1 installments of $ ~SO{). each. The sum of $ ~~;f L() .~ per year, to be paid in I L AT ., llo.(}c}>"R_ '.Jo",~ DATED: 44- Wffilesses ~i~tures Of~.J_ r uired): ,z,<44 /.> .z .. -'~-7. /. - . ~:L:" 9 '1."'- '\ -~. v\.~D ( ~~ lac owledge receipt of Addenda No.(s) Signature: -s' t:.-.J\ Print Name: ~"".,.; LE.",!,> Title: 0(0"'-; '\ My... I have includrt: Bid Form 01 Drug Free Workplace Form-L Insurance Agent's (or RespondentlBidder's)Statement / Lobbying and Conflict of Interest Clause ~ Non-Collusion Affidavit--.L 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: 2tf..;,Q '~P"II"1 'b",- Telephone: ]'.:.tS ')'II 31'.q fVI.AK:l\-;'flA,J (I 7", S" ..> ',.1 ,.; Fax: ")" '(. S;~~.~() 36 Signed: ~ c:,-1 '""),/"'10 oN (Name) Lt.'R.... V,C'::' _ f/L.;:.j,...., ,..I,. (Title) Sl"J"'~/L Witness: 37 ,"I , (Seal) ,~V~It,~ Michele 1: secontine tm\r...mlool_#DD147li88 ;; . . . = I!lori,,:::f: 4" 3IGli -;~... 11n "'II~n:~ Adard:iI: lIOIIdIasCD..1:Dc. DRUG-FREE WORKPLACE FORM /-- The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: KEYS SECURITY INC. (Name of Business) I. Publish a statement notifying 1:mployecs that the unlawful manufacture. distribution. dispensing. possession, or use of a controlled substan~e is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohib1tion. 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 penaltie.o;. 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 ofthe statement speeilied 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 StabileS) 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 oftliis.section. As the person authorized to sign the statement, I certifY that this finn complies fully with the above requirements. QA.,oUr. ~ >>.. ~ e- "f Bidder's Signature "2. .~ .QLS- Date ~ .., as/BJ/2&B6 12:84 31l574a58<le KE\IS SECLRITY IN<: PAGE 81 ~~'.5TA.-..a I ..,. /'IVIeIll'ld .. IIloft ...,. II I ." wI6 ... ...... ...... beI_ The A>lrv.... .. 1iWw..,.ry.... __ .- _..1\ 8 poiey. POLICY p~,- 7S7J"3 ~9 DIiDI ~ J,()O,) u....., plIOI" JI_ /" CIMM ...... Un~Yers&l InB. Aq9ftcy -r ..~H rs ?~5~ ..... - . . -:t- III1\~STA11mDl!n' ....... - ...........---tllllll....k-..... 'l.~ 1f__..dIe--... ..wlll-.plyilt tbll ...illuU" Jlqlli._ . Keys Secur!ty Inc. ...... - ' j -- ...., I __ .........- ~. 1.r.- ~I. f11IIO INPCICI.ST :if l"d T.......t:"a~c~nc ....I_~.. - .. r- SWORN STATEMENT UNDER ORDINANCE NO. 10.1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE KEYS SECURITY. INC. warrants that he/it has not employed, retained or otherwise had act on hislits 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, termin~te 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, pcn:entage, gift, or consideration paid to the former County officer or employee. ~\&rh:',e A. 1iS.o: ,.,D (Signature) 5' S t:>14 (Date) STATBOF _ FLORIDA --- COUNTY OF MONROF. PLONALL Y APPEARED BEFORE ME, the undersigned authority, &,/~ 71'7" ~ U".:! who, after fils! being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on this ~ day of /? an:~ . 20d (7/ cef tV~ NOTARY PUBLIC ~ff~CU;~ ,,"""1'11&. .:w. ~~ ~()f,,-r;l-~ CHRISTOPHER B. WAlDERA MY CO/.IMISSION 'CC 959830 EXPIRES: Augusl9, 2004 Bonded Tbtu B!Idgec Notary Smicas My commission expires: ~. OMB - MCP FORM #4 38 NON-COLLUSION AFFIDAVIT '~'-" I, ChTi,;ti ne A ,r,..i T<'I o(thecityo( M"'T;ot-hnn 1"1 nTi <'1;0 accordiDg 10 law on my oath, and under pcnalty o( pcljury, depose and say that I. I am Chrhrti:AQ 11 _ LQirg o(the firm o( Kevs Seeuri tv Ine. the bidder making the Proposal (or the project described in the Notice (or Calling (or bids (or: ~p('!nri ry p::lTTol ~ & ~prU'i r!~~ ; n nl1t""''k- T(Py ~p,...nTi t-y ni::::t and that I executed the said proposal with full authority t do so: 2. the prices in this bid have been arrived at indcpc:ndcntly without coJJusion, consultation, communication or agreement (or the pwposc o( 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 wiJJ be made b the bidder to induce any other person, partnership or corpomtion to submit, or not to submit, a bid (or the purpose o( restricting competition; '---'" S. the Sl8lemcnts contained in this affidavit are lIuC and conecl, and made with ,full knowledge that Monroe County ...Iies upon the truth 0(1be statements contained in this affidavit'in awarding conldClS for said project.' -~~~ ~ '~Q';~ (Signature o(Biddcr) =-. S . 'D~ (Date) STATE OF: COUNTY OF: FLORIDA MONROF. PERSONALLY APPEARED BEFORE ME, the undersigned authority, C4-v ';;H~ ;, C-e/l";/ . who, after filst being sworn by me, (name o( individual signing) affixed hislher signature in the space provided aboveonthis.~daYo( H4rd. 20d :\"",'fl'u.. .ii- ~1'''Of'f\.Y CHRISTOPHER B. WAlDEAA MY COMMISSION' CC 959830 EXPIRES: Augus19. 2004 Bonded TnN BIIdget NoIary Services &&'~ NOTARY PUBLIC My Conunission Expires: ~4tffJ,~ 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 of 36 months from the date of being placed on the convicted vendor list." 2005 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Patrol and Security Services BETWEEN MONROE COUNTY, FLORIDA AND Keys Security Inc. Prior \0 the commeIoOoo<llent of WlIIk governed by lhi8 conlIact. the CvIll acto. shaft obtain WoI1ters' Compensation Insurance wlIt1llml1s suIIIclent \0 respond \0 FlorIda Statute .0440. In addition, the Co./baclol 8haII obtain Employers' UablHty Inswance wilh IlmlIs ofoot less than: $100,000 Bodily lllurY by Al:ddent $500,000 Bodily lllurY by Dis I ,. policy ImIIs $100,000 Bodily Injury by Diseas8, ead1 employee Coverage 8heII be .,......eeI lhroughaut the enIIns term of fhe ...o.lb.v;L Coverage sh8II be provided by a ccmplIIIY or coonpallltlll auII.o.kad 10 Irallsact busIMss In the Stale of FlorIda and the <:elmpsny or ..01...... nut maInlaIn a mkl/mum IiIlIng of ANI, as BIIJgned by the A.M. Best Company. If the Cu.oLaclor... been approved by FlorIda's Deparlment of Labor, as an aulhoIized seIHnsurer, the CoI.I1ty shaft RICOlJI'IIZe and honor the Cu.dl.;do(s status. The eu............ may be reqUnKI to submIl a LelIer of Ault.... izalIon issued by the DepaItment of Labor and a c... tiIk.dl& of Insurance, providing delaiIs on the Co..b.;do(s Excess InsuranCe Progran.. If the Conl/aC\Or parlIc:lpabIs in a self./nsUranCe fund. a CeftilIcale of 1_ wI8 be required. In addIlIon, the ...o..b..ctor may be required \0 submIl updated financial ~oe.lls li'om the fmd upon I8qU8St li'om the County. AdmlnlslralNe It1slruCIkm #7500 WC1 26 2005 Edition INSURANCE REQUIREMENTS FOR CONTRACT: Security Patrols and ServIces BETWEEN MONROE COUNTY, FLORIDA AND Keys Security Inc. Prior to the commencement of work govemed 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: $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, 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. Administrative Instruction #7500 GL2 27 2005 Edition / / I VEHICLE LIABILITY 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 Conbaclor, prior to the commencement of work, shan obtain Vehide Uablllty Insurance. Coverage shall be maintained throughout the life of the contract and indude, as a minimum, liability coverage for: Owned, Noll-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Umil (CSL) If spill limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative Instruction #7500 VL2 28 2005 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT Duck 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 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 shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLS Administrative Instruction #7500 29 Sap 06 06 10:288 LEIRD 3052S43~25 ". _0.. ._............ ....1... '"\>>lo.'~v I ;:Ju.....:;III::ro.".o:J~.. p.l p.l MiDBA. CERTIFKATEOFUABIUTYINSURANCE ~ ..... _ m * IS8IJED M'" MA11I!R Of IIIFOIIMA'IDI UnlversellneUlWoC8 AI eney ONLY AIIO COI"ERt 110 IlIGltI'S _ on. Cl!1r1'I'ICA1I! 3115 Spring Glen Roe I . SUIte 15m .....- 'IIIE~cr:::.FICUI! ... :If -- GIt Jacksonvlqe Fl32201 - . IEI.'~COVEMGI ...... T1Idar IN Co __It _eo ......-:e; -'" Payne Sln:Iera &,. .....~...., Inc Keys Se:urily. Inc 3115 00NIId Ave Key West FL 3304O-f il33 -. 1111 POUC:IQCIlf&.....,Ic:a....,.... W........__TO IHIE"""'fWIIR)MQW POI 111& PCIUCV PElIIODJHDCQU).__~...m&"A11D1N3 "" ~.-- 11"."'" Of(~rro 1_1W't~CR~~li"~-WITtt RHPICf TO-.:H 1HlSc::sr11ACA1'E "-'Y.,SlUED OR ",..,..-r-. TM! .....-.,,-,.,.... 1"'''''''PdLICIII ItIREIN .-.....cr 10................. 9Ct 'I&fOH'NG~""'" OF SUCH __"' 1._...."'._.... '_____.....=_. -- -- IiNillCilOCr.RaICl I X aa.':'A~ I Al - I x _.0._ "'Gl750039 09Al5I2008 09I0!iI2007 .-- I I I -- . 1 I .... ......,-..- . - .... ~"t"'" --.-tItS . Ia - ......,........ fW_ . 1CIIf T W I&RQII -- . ....- AITOCllLy.~ . ..- =~ . . . . . . . ..... . - - 0-- MCI4'OCC'i _ ~ - ....... . _ ~.hI~Ne ---.AilU....... B '!J1~-=-,=:.....~?fI- -- x ... 0Ml1/2008 C81D1I2OO7 -- 1VC07066128 D..---""8 - ..a.........../P".Ellti.._..... I ..,,- .-- II III 3062943125 CI'~ . AlIGN ~_.......-ft --.---'-_.AllL>__~TIOII ....~...- -....-....... ~QQIt....... __..._. _......_1D...................'IO 10 lID""'" ..... ___.~..,,_.....--."'MaN'tI_ eACDlQ:lGORl'OMlION1_ FIle COpy -- ) COUNTERSIGNED BV' PRODUCER .MERCURY DECLARATIONS PAGE ALLIED FLORIDA INSURANCE 092200 05 PO BOX 501713 MARATHON FL 33050 InSU~llf~f:C)2rrrN'V IMPORTANT COVERAGE EXCLUSION TELEPHONE:13051743-0104 POLICY NUMBER I FllOM POLlCV PERIc)D TO APPl.ICAB~E TO M~ COVERAGES. EXCEPT PERSONA~ INJURV PROTECTION AND PT. 05081977 110/16/2006 m... 104/16/2007 m... $1c).OOO OF PROPERTY DAMAGE L1ABILlTV. PROVIDED 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 ... ...IIED INSURED third party claimant when any car is being used or operated SIMON S LEIRD by a person listed bel~~.regardless of where the person DRIVERS resides or whether the arson is licensed to drive. SIMON S LEIRD WILLIAM LEIRD - CHRISTINE LEIRD MAILING 2860 DOLPHIN DRIVE ADDRESS MARATHON FL 33050 CAR YEAR VallCLE DESCRIPTION SERIAL NUMBER COST OR VALUE 1 2006 FORD F-150 SUPERCREW PKP 4X2 40 1FTRVV12VV96FA19309 CAR LP....LA LOSS PA YHS ILPI. ADDlTlONAL INTER&sTS IAlI. LOSS PAYEES AND ADDlT1CJlIIIAL INTSlESTS llAl GARAGtNQ ADDRESSES IGAI AND REGISTERED OWNERS IROI OTHER THAN TI-OSE USTED ABOVE. GA-RO THE INSURANCE AFFORDED IS ONLY WITH IlESPECT TO SUCH OF THE FOUDWtNG COVERAGES AS ARE 5NDtCATED BY A SPECIfIC PREMIUM CHARGE OR CHAflGES.. ntE LIMIT OF TlE COMPANY"S L1AElllJTY FOR EACH SUCH covEIIAGE IS STATED 8ELOW SUBJECT TO AU. THE TERMS OF THE POLICY. COVERAGES LIMITS OF LIABILITY PREMIUMS SPECIAL EQUIPMENT 25,000 &ACH....... $ CAR ITEMS INSURED AND AMOUNTS OF BODILY INJURY 1.IABIIJ1'V $ 50,000 EACHACaDBfT 140 INSURANCE FOR EACH ITEM ARE STATe) "__ ITEMS INSURm ARE SUB.JECT TO PROJISITY DAMAGE LlABIUTY $ 25 000 &ACHACaOEllT 99 THE APPIJCA8I.E DEDUCTI8I.E. $ &ACH....... $ EACH ACaDENT CAR' ITEMS INSURB) LIMIT UNINSURED MOTORISTS 119....""'" DSTltCKm D~...... COVERAGE -O:UONAL INJURY PROTECTION $10,000 DEDUCT18l.E $0 TYl'<p -02=.0, 74 "IC~ PAYM~TS - $ -- &ACH....... ---- -..- COMPREHENSIVE OEDUCTlILE CARl $ 500 CAR $ CAR $ 32 COWSION DEOUCTI8l.E CAR1 $ 500 CAR $ CAR $ 278 TOWING AND lABOR $ EACH DISABLEMENT RENTAL CAR BENEFIT $30 PSI DAY 30 DAYS MAXIMUM 27 PREMIUMS PER CAR ENDORSEMENTS ATTACHED TD THE POLICY 650 I I U-10 01/2005 U242 08/2001 U--45B 11/1997 U-179 11/1997 POlICY FEE 0 TOTAL PREMIUM 650 IMPORTANT INFORMATION EFFECTIVE 10/16/2006 Your automobile insurance expires and coverage ceases at 12: OlAM 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. {) _.F ( -'? _______ Counter signed: /tv>~'L6- );.~~> c] / 7 , VEHICLE OISCOUNTS SURCH C P T H G A M A A A G P I MAILED TO: A I R 0 R P T T I B D R X U SIMON S LEIRD R F N M P C C o R S S S o S 2B60 DOLPHIN DRIVE 1 X X X X X MARATHON FL 33050 POLICY NUMBER: FL 05081977 INSURED CDPY MAILING DATE_ 09/11/2006 ~ (,.; r- -= r ._~ r- Id m .....c m ~-J: m ,).... n M rfl... ~;ti:m:lOc.n;Q n"1t:i 0....0 ~... --CQ a>e :i> :;;:J Ii ::ti:B:fn:s:;;::n ...(.....t.n.....-..;,X ,-.....- ;I;) r-o.- .... .....m..... 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