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Item C12' CM ounty of onroe BOARD OF COUNTY COMMISSIONERS  Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 TheFloridaKeys Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting May 18, 2016 Agenda Item Number: C.12  Agenda Item Summary #1627 BULK ITEM: DEPARTMENT: Yes Budget and Finance TIME APPROXIMATE:STAFF CONTACT: Christina Brickell (305) 292-4466 N/A AGENDA ITEM WORDING: Approval to advertise for sealed bids for security patrols and services to the Duck Key Security District. ITEM BACKGROUND: Our existing contract is with Keys Security, Inc. which allows the County an option to renew the contract for two (2) additional one (1) year terms. Their second renewal will expire on July 31, 2016. PREVIOUS RELEVANT BOCC ACTION: On August 21, 2013 the BOCC granted approval to award bid and authorized execution of a one (1) year contract between Monroe County and Keys Security Inc. with an option of renewing the contract for two (2) additional one (1) year terms for security patrols and services in the Duck Key Security District. On August 20, 2014 and July 15, 2015, the BOCC authorized First and Second Renewal Agreement, respectively, to the existing contract with Keys Security Inc. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Duck Key Security Bid 5 5 16 FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: Advertising $200 Total Cost to County: Advertising $200 4EGOIX4K ' Current Year Portion: Advertising $200 Budgeted: Yes Source of Funds: Non Ad Valorem, Special Assessment Fund 152 CPI: Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: No Grant: County Match : Insurance Required: Additional Details: 05/18/16 152-04501 · DUCK KEY SECURITY SP DIS $200.00 REVIEWED BY: Tina Boan Skipped 05/03/2016 4:24 PM Maria Slavik Completed 05/03/2016 4:29 PM Kathy Peters Completed 05/03/2016 5:09 PM Board of County Commissioners Pending 05/18/2016 9:00 AM 4EGOIX4K 'E REQUEST FOR PROPOSALS DUCK KEY SECURITY PATROLS AND SERVICES MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 Commissioner Danny Kolhage, District 1 Commissioner David Rice, District 4 Commissioner Sylvia Murphy, District 5 COUNTY ADMINISTRATOR BUDGET & FINANCE ROMAN GASTESI TINA BOAN, DIRECTOR CLERK OF THE CIRCUIT COURT AMY HEAVILIN May 2016 4EGOIX4K 'E NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN , 2016 at 3:00 P.M. that on ____________ the Monroe County Purchasing Office will receive and open sealed responses for the following: DUCK KEY SECURITY PATROLS AND SERVICES DUCK KEY, MONROE COUNTY, FLORIDA Requirements for submission and the selection criteria may be requested from DemandStar by www.demandstar.comwww.monroecountybids.com Onvia at OR or call toll-free at 1-800- 711-1712. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton Street, Room 2-213, Key West, Florida. All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. Publication dates Citizen Keynoter Reporter 0 4EGOIX4K 'E TABLE OF CONTENTS Page NOTICE OF REQUEST FOR COMPETITIVE SOLICITATION SECTION ONE Instruction to Respondents………………………………………………………………….……2 SECTION TWO General Terms and Conditions……………………………………………………………….….11 Specifications………………………………………………………………………………….…12 Scope of Services………………………………………………………………………………...13 SECTION THREE Draft Contract……………………………………………………………………………………15 SECTION FOUR Insurance Requirements………………………………………………………………………….26 SECTION FIVE County Bid Forms………………………………………………………………………………..41 1 4EGOIX4K 'E SECTION ONE INSTRUCTION TO RESPONDENTS 1.01 DESCRIPTION The Respondent awarded a contract shall provide Duck Key Security Patrols and Services for Monroe County. The contract will provide for the security patrols and services in the Duck Key Security District. The contract shall be for one year, with two (2) one-year options to renew by County. 1.02 COPIES OF PROPOSAL DOCUMENTS A. Only complete sets of Proposal Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Proposal Documents may be obtained in the manner and at the locations stated in the Notice of Request for Competitive Solicitation. 1.03 PROPOSAL REQUIREMENTS A. Two (2) complete sets of responses, marked “Original” and executed as originals as well as one (1) complete copy, must be received (3 complete packages). Documents required to be executed and submitted include, but are not limited to: Proposal Form, Drug Free Workplace Form, Insurance Agent’s (or Respondent’s) Statement, Lobbying and Conflict of Interest Clause, Non-Collusion Affidavit. Vendors claiming local preference must complete the local preference form. B. The Respondent shall include in the proposal package those items required under Section 1.09 necessary to establish the Respondent’s qualifications to provide the services. 1.04 DISQUALIFICATION OF RESPONDENT Failure to complete these forms in every detail and submit them with your submission of qualifications may result in immediate disqualification of your bid or proposal. A.NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the bid or proposals of all participants is such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not 2 4EGOIX4K 'E 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 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. Category Two: $25,000.00. C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 1.05 EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP (Request for Proposal) and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent will in no way relieve him of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the COUNTY. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received ten (10) or more days prior to the date fixed for opening of responses will be given consideration. Written inquiries should be sent to Purchasing Department, 1100 Simonton Street, Room 2-213, Key West, Florida 33040. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be posted on DemandStar and a notification will be furnished by DemandStar to all know prospective Respondents listed as planholders prior to the established Response opening date. It shall be the sole responsibility thereafter to download the addendum. Each Respondent shall acknowledge receipt of such addenda in their Response. In case any Respondent shall acknowledge receipt of such addenda in their Response. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each respondent to verify that he has received all addenda issued before responses are opened. 3 4EGOIX4K 'E 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Respondent. 1.08 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words “doing business as ____________”, or “Sole Owner” must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words “Member of the Firm” should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the bid must be submitted. The Respondent shall state in the response the name and address of each person interested therein. 1.08.1 SUBMISSION OF RESPONSES A. Two (2) signed originals and one (1) copy of each response shall be submitted. The response shall be submitted in a sealed envelope clearly marked on the outside, with the Proposal for Duck Key Security Patrols & Services” Respondents name and “on the outside, addressed to the entity and address stated in the Notice of Request for competitive Solicitation, on or before 3:00 P.M. local time on ________________. If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and addressed stated in the Notice of Request for Competitive Solicitation. Faxed or e-mailed statements of qualifications shall be automatically rejected. Responses will be received until the date and hour stated in the Notice of Request for Competitive Solicitation. B.Each Respondent shall submit with his Response the required evidence of his qualifications and experience as outlined in Section 1.09. 1.09 CONTENT OF SUBMISSION The proposal submitted in response to this Request for Proposals (RFP) shall be typed on 8-1/2” x 11” white paper and bound; shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Bids shall be organized and sections tabbed. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. 4 4EGOIX4K 'E Respondent should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. at a minimum The following information,, shall be included in the Submittal: A. Cover Page REQUEST FOR PROPOSALS FOR DUCK KEY SECURITY A cover page that states “ PATROLS AND SERVICES .” The cover page should contain Respondent’s name, address, telephone number, and the name of the Respondent’s contact person. B. Tabbed Sections There shall be included certain information which shall be tabbed for the convenience of the reviewers, as follows: Tab 1. Respondent’s Executive Summary The Respondent shall provide a history of the firm or organization, and show the firm’s qualities and capabilities that demonstrate how the firm or entity will work with the county to fulfill the requirements of the scope of work. Tab 2. Relevant Experience The Respondent shall provide a list of similar work performed in the last five years. Tab 3. References Each Respondent shall provide at least five (5) references or accounts for which the Respondent has provided the same or similar services during the past three (3) years. It is preferred that the references be state or local governments, but private industry clients may also be used as references. Each reference shall include, at a minimum: Name and full address of reference organization Name of Contact person for contract Telephone number(s) Date of initiation of contract with reference Brief summary comparing the referenced services to these proposed services Tab 4. Security and Patrol Services Respondent shall provide a listing of security and patrol services, with specific descriptions that will be offered under the agreement. Tab 5. Technology Respondent shall describe its use of technology in the office and in the field. Describe what types of technology and how it will be used. List any specific hardware and software currently 5 4EGOIX4K 'E in use or planned for this contract. Tab 6. Transition Plan Respondent shall thoroughly describe the transition plan from the current providers to the Respondent if awarded the contract. Flow charts and schedules may be used. Tab 7. Staffing a. Respondent shall include a list of the proposed staff positions that will provide the work required if awarded this contract. b. Describe the firm’s hiring procedures and background checks. Be specific if the firm uses a combination of education and relevant experience. Tab 8. Pending Litigation and Financial Information The Respondent will provide the following information: (1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); (4) The number of years the person or entity has operated under its present name and any prior names; (5) Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? Answer yes or no. If yes, provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? Answer yes or no. If yes, provide details; c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? Answer yes or no. If yes, provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a 6 4EGOIX4K 'E contract to provide services, goods or construction services? Answer yes or no. If yes, provide details; e. Whether, within the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; Answer yes or no; If yes, provide details. (6). *Credit references (minimum of three), including name, current address and current telephone number; (7). *Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity. *Credit References: The Respondent should provide a minimum of three credit references, including name, current address and current telephone number. The Respondent may include audited financial statements or other information for the County to evaluate to determine that the Respondent has the financial capability to provide the services. Please indicate (and label) if any information is CONFIDENTIAL. Tab 9. County Proposal forms Respondent shall complete and execute the proposal forms specified below and found at the designated pages in this RFP, and shall include them in the section tabbed 9: Pages Proposal Form 38 Drug Free Workplace 42 Insurance Agent’s (or Respondent’s) Statement 37 Lobbying and Conflict of Interest Clause 41 Non-Collusion Affidavit 40 Local Preference Form only required if business claims local preference 44 Copies of all professional and occupational licenses shall be included in this section. 1.10 MODIFICATION OF RESPONSES Written modification will be accepted from RESPONDENTS if addressed to the entity and address indicated in the Notice of Request for Competitive Solicitation and received prior to bid due date and time. The response shall be submitted in a sealed envelope clearly marked on the Modification to Proposal for Duck Key Security outside, with the Respondents name and “ Patrols and Services”, addressed to the entity and address stated in the Notice of Request for Competitive Solicitation. If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request 7 4EGOIX4K 'E for Competitive Solicitation . Faxed or e-mailed bids shall be automatically rejected. Responses will be received until the date and hour stated in the Notice of Request for Competitive Solicitation. 1.11 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.12 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened and aloud at the appointed time and place stated in the Notice of Request for Competitive Solicitation. Monroe County’s representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents or their authorized agents are invited to be present. 1.13 DETERMINATION OF SUCCESSFUL RESPONDENT/RESPONDENT The COUNTY reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the COUNTY. Responses which contain modifications or are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instruction to RESPONDENTS, and the contract documents, may be rejected at the option of the COUNTY. Following the receipt of responses, the responses will be evaluated by selection committee/Duck Key Security District advisory board in a publicly noticed meeting. Each TAB section will be given point used to score and evaluate firms and individuals; the point structure is as follows: CRITERIA MAXIMUM POINTS Executive Summary (Tab 1) 15 Relevant Experience (Tab 2) 15 References (Tab 3) 15 Security and Patrol Services to be Provided (Tab 4) 20 Technology (Tab 5) 5 8 4EGOIX4K 'E Transition Plan (Tab 6) 5 Staffing (Tab 7) 15 Litigation and Financial Information (Tab 8) 10 County Forms (Tab 9) 0 (10 if local preference is met) Total 100 (110 if Local Preference is met) 1.14 AWARD OF CONTRACT A. The COUNTY reserves the rights to award separate contracts for each service area and to waive any informality in any response, or to re-advertise for all or part of the work contemplated. If responses are found to be acceptable by the COUNTY, written notice will be given to the selected Respondent(s) of the award of the contract(s). B. If the award of a contract is annulled, the COUNTY may award the contract to another Respondent or the work may be re-advertised or may be performed by other qualified personnel as the COUNTY decides. C. A contract will be awarded to the Respondent deemed to provide the services which are in the best interest of the COUNTY. D. The COUNTY also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. E. All responses, including the recommendations of the County Administrator, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. F. If the criteria is met, the local preference will be applied as set forth in Sec. 2- 349, MCC. 1.15 EXECUTION OF CONTRACT The RESPONDENT to whom a contract is awarded will be required to return to the County four (4) executed counterparts of the prescribed contract together with the required certificates of insurance. 1.16 CERTIFICATE OF INSURANCE The Contractor will be responsible for all necessary insurance coverage as indicated by an “X” on the attached forms identified as INSCKLST 1-5, and further detailed on forms GL2, GLS, VL2, and WC1 in section. Certificates of Insurance must be provided to Monroe County within 9 4EGOIX4K 'E fifteen (15) days after award of bid, with Monroe County BOCC listed as additionally insured on all except Workers Compensation and Employers Liability. If the proper insurance forms are not received within the fifteen (15) days, the contract may be awarded to the next responsible, conforming, lowest Respondent. The Contractor shall defend, indemnify and hold harmless the County as outlined on the attached form identified as TCSI. 10 4EGOIX4K 'E SECTION TWO GENERAL TERMS AND CONDITIONS 2.01 DEFINITIONS Wherever used in these General Conditions or in the other contract documents the terms below have the meanings indicated which are applicable to both the singular and plural thereof. The use of the terms “he,” “him,” “himself,” or “his” shall refer to male and female persons alike and should not be construed as derogatory or discriminatory to female persons. Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, . correct, or change the bidding documents or the contract documents Bidding/Proposal Documents - The advertisement or invitation calling for qualifications, instructions, and forms contained in this Request for Bids (Response Form, Non-Collusion Affidavit, Lobbying and Conflict of Interest Clause, Drug Free Workplace) and the proposed contract documents (including all addenda issued prior to receipt of responses). Contract Documents - The bid documents, agreement, addenda (which pertain to the contract documents), the Contractor’s proposal or response (including documentation accompanying the response and any post-response documentation submitted prior to the notice of award) when attached as an exhibit to the agreement, these General Conditions, together with all amendments, modifications, and supplements. Contract Price - The moneys payable by the County to the Contractor under the contract documents as stated in the agreement. Contract Time - The Contract shall be in force and binding on the County and the Contractor for a period of one (1) year from the effective date of the agreement. Contractor - The person, firm, or corporation with whom the County has entered into the agreement. Effective Date of the Agreement - The date indicated in the agreement on which it becomes effective, but if no such date is indicated it means the date on which the agreement is signed and delivered by the last of the two parties to sign and deliver. Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award - The written notice to the apparent successful Respondent stating that upon compliance by the apparent successful Respondent/Respondent with the conditions precedent enumerated therein, within the time specified, the County will sign and deliver the agreement. Owner - Monroe County 11 4EGOIX4K 'E Specifications - Those portions of the contract documents consisting of written technical descriptions of materials and services required under the contract. Written Amendment - A written amendment of the contract documents, signed by the County and the Contractor on or after the effective date of the agreement. 2.02 CONTRACTOR’S RESPONSIBILITIES 2.02.1 Supervision and Personnel The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the contract documents. 2.02.2 Parts, Materials, and Equipment Unless otherwise specified in the contract, the Contractor shall furnish and assume full responsibility for all services, materials, equipment, labor, transportation, machinery, tools, and all other incidentals necessary for the completion of the work. 2.02.3 Records The Contractor shall record and maintain statistical data concerning the security patrols and services. Contractor shall be required to maintain records pertaining to the contract for five (5) years after the termination of the contract. 2.02.4 Taxes The Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by the Contractor in accordance with the laws and regulations of the place of the project which are applicable during the performance of the work. 2.02.5 Compliance with Laws The Contractor shall comply with all applicable laws and regulations of federal, state and local governments. 2.03 SPECIFICATIONS a) The Contractor must submit to the County a copy of its Class “B” operating license as defined and required under Florida Statute 493. b) All security personnel must have a Class “D” license as defined and required under Florida Statute 493. c) 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. 12 4EGOIX4K 'E d) 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.) e) 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.) f) 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. g) 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. h) 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. i) All security personnel will wear uniforms designed to closely resemble a police officer. j) 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. 2.04 SCOPE OF SERVICES a)The Contractor will provide on-site security services on the following schedule: Daily 9:00 PM to 5:00 A.M. seven (7) days per week unless otherwise agreed to by the parties. b) 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. c) 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. d) Daily patrol reports made in duplicate, one copy will be delivered to a designee of the Duck Key Security Advisory Board and one copy to be retained by the Contractor. e) 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 or when obvious illegal activity has taken place. f) Excess water usage notifications found at unoccupied residences will be forwarded directly to the property owner by the contractor. g) Additional security services may from time to time be requested by the Duck Key Security District Advisory Board. Any such additional security services shall be billed at the normal hourly rate as specified in the contract. 13 4EGOIX4K 'E h) The Duck Key Security District reserves the right to contract with other vendors or agencies from time to time for additional security services (i.e. Off-duty Sheriff’s Deputies, Marine Patrol Officers or other private security providers.) Individual residents of the Duck Key Security District may also contract for additional security services either directly with the contractor or with a vendor of their choice. i) Security personnel will not enter an unoccupied residence without an accompanying Monroe County Sheriff’s Deputy. j) Contractor to provide up to eight electronic check-in stations to be placed in mutually agreed locations through out the 4 Residential Islands to be activated each time a circuit is made. k) 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. l) Either party may cancel the contract upon 60 days written notice. 14 4EGOIX4K 'E SECTION THREE DRAFT CONTRACT THIS AGREEMENT made and entered into this ____ day of _______, 2016, A.D., by and , between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the “County”), and ____________________ , (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 Proposal (RFP), and the RFP, 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. 15 4EGOIX4K 'E 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 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 $________ annually based on the number of hours worked at the rate of $ ___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 $_______. 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 The term of this contract is for one year, commencing on _____________________, 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 16 4EGOIX4K 'E notice of its intent to renew. The Contract amount agreed to herein may 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 therefor. 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 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. 17 4EGOIX4K 'E Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance as required in the Request for Proposal. 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 contract. 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 of 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 on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health 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 apply to the parties to, or the subject matter of, this Agreement. 9. ASSIGNMENT The Contractor shall not assign or subcontract its obligations under this agreement, except 18 4EGOIX4K 'E 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. 112.311, 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, individual, 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, to 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. 19 4EGOIX4K 'E 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 and County Attorney th 1100 Simonton Street 1111 12 Street, Suite 408 Key West, FL 33040 Key West, Fl. 33040 FOR CONTRACTOR: ________________________________________________________ 14. TAXES The County is exempt from payment of Florida State Sales and Use taxes. The Contractor not shall 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 he 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 functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 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 20 4EGOIX4K 'E 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 th subject to arbitration. Mediation shall be held according to the rules prescribed by the 16 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. 23. EXECUTION IN COUNTERPARTS 21 4EGOIX4K 'E 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 singing any such counterpart. 24. PUBLIC RECORD COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to chapter 119, Florida Statutes and section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other “public record” materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney’s fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County’s custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements 22 4EGOIX4K 'E for retaining public records. All records stored electronically must be provided to the County, upon request from theCounty’s custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County’s request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County’s option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEYAT PHONE 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY TH ATTORNEY’S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040. 23 4EGOIX4K 'E 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 this 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 Attest: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman (SEAL) CONTRACTOR Attest: By: By: WITNESS Title: Title: By: WITNESS Title: 24 4EGOIX4K 'E ATTACHMENT A The Contractor will provide on-site security services on the following schedule: 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 one 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 and when obvious illegal 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 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 60 days written notice. 25 4EGOIX4K 'E 2015 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and employees from any and all claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalities, 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, recklessness, intentional wrongful misconduct, errors, or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. TCS AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub- Contractors engaged by the Contractor. As an alternative the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self insured retentions that may be contained in the Contractor’s Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing Request for Waiver of Insurance on the County prepared form entitled " Requirements " and approved by Monroe County Risk Management. AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND ______________________________ Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers’ Compensation state statutes and the requirements of Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC1 AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition GENERAL LIABILITYINSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND _________________________________ Prior to the commencement of work governed by this contract, the Contractor shall obtain Commercial 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 The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) 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. GL2 AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition VEHICLE LIABILITYINSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND _________________________________ Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $ 200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL2 AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition GENERAL LIABILITYINSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND _________________________________ Recognizing that the work governed by this contract involves providing of guards and other security services on or off County property, the Contractor’s General Liability Insurance policy must extend to, and be no less restrictive, than an acceptable Law Enforcement Legal 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 1988. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLS AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: The County as being named as an Additional Insured - If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has not been granted the authority to waive this provision. and The Indemnification and Hold Harmless provisions. Waiving of insurance provisions or coverages could expose the County to economic loss.For this reason, every attempt should be made to obtain the standard insurance requirements. If a Request for Waiver of Insurance Requirements waiver or a modification is desired, aform should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision making authority. AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor:_______________________________________________________________ Contract for:_______________________________________________________________ Address of Contractor:_______________________________________________________________ Phone: _______________________________________________________________ Scope of Work:_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Reason for Waiver: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Policies Waiverwill apply to:_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Signature of Contractor:_______________________________________________________________ Approved ___________ Not Approved ___________ Risk Management_______________________________________________________________ Date: _______________________________ County Administrator appeal: Approved: __________ Not Approved: _________ Date:_________________________________________________ Board of County Commissioners appeal: Approved: __________ Not Approved: _________ Meeting Date:_________________________________________________ AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY XWorkers' Compensation Statutory Limits Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee WC1Employers Liability $100,000/$500,000/$100,000 WC2Employers Liability $500,000/$500,000/$500,000 WC3Employers Liability $1,000,000/$1,000,000/$1,000,000 WCUSLHUS Longshoremen & $1,000,000 Harbor Workers Act WCJAFederal Jones Act $1,000,000 AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition VEHICLE LIABILITY As a minimum, coverage should extend to liability for: Owned; Non-owned; and Hired Vehicles Required Limits: VL1 $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit (The use of VL1 should be limited to special projects that involve other governmental entities or “Not for Profit” organizations. Risk Management must approve the use of this form). VL2$200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit VL3$500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit VL4___________ $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES BR1Builders' Limits equal to the RiskFull Replacement Value of the completed project. CL1Cyber Liability $1,000,000 MVCMotor Truck Limits equal to the maximum Cargo value of any one shipment. PRO1Professional $ 300,000 per Occurrence/$ 500,000Agg. PRO2Liability$ 500,000 per Occurrence/$1,000,000 Agg. PRO3$1,000,000 per Occurrence/$2,000,000 Agg. POL1Pollution$ 500,000 per Occurrence/$1,000,000 Agg. POL2Liability$1,000,000 per Occurrence/$2,000,000 Agg. POL3$3,000,000 per Occurrence/$6,000,000Agg. POL4$5,000,000 per Occurrence/$10,000,000 Agg. ED1Employee $ 10,000 ED2Dishonesty $100,000 AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition GK1Garage $ 300,000 ($ 25,000 per Veh) GK2Keepers$ 500,000 ($100,000 per Veh) GK3$1,000,000 ($250,000 per Veh) AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition MED1Medical$ 300,000/$ 750,000 Agg. MED2Professional $ 500,000/$ 1,000,000 Agg. MED3$1,000,000/$ 3,000,000 Agg. MED4 ______ $5,000,000/$10,000,000 Agg. IFInstallation Maximum value of Equipment FloaterInstalled VLP1Hazardous $ 300,000 (Requires MCS-90) VLP2Cargo$ 500,000 (Requires MCS-90) VLP3Transporter $1,000,000 (Requires MCS-90) BLLBailee Liab.Maximum Value of County Propertythat will be in the Bailee’s posession. HKL1Hangarkeepers $ 300,000 HKL2Liability$ 500,000 HKL3$ 1,000,000 HKL4$ 5,000,000 AIR1Aircraft $ 1,000,000 AIR2Liability$ 5,000,000 AIR3$50,000,000 AEO1 ______ Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg. AEO2 ______ & Omissions $ 500,000 per Occurrence/$1,000,000 Agg. AEO3 ______ $ 1,000,000 per Occurrence/$3,000,000 Agg. AEO4$ 3,000,000 per Occurrence/$5,000,000 Agg. ARPAll Risk PropertyFull Replacement Value of Structure EO1______Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg. EO2 ______ & Omissions $ 500,000 per Occurrence/$1,000,000 Agg. EO3 ______ $ 1,000,000 per Occurrence/$2,000,000 Agg. EO4$ 5,000,000 per Occurrence/$10,000,000 Agg. AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition GENERAL LIABILITY As a minimum, the required general liability coverages will include: Premises OperationsProducts and Completed Operations Blanket ContractualPersonal Injury Required Limits: GL1 $300,000 Combined Single Limit GL2 $500,000 Combined Single Limit GL3 $1,000,000 Combined Single Limit GL4__________$2,000,000 Combined Single Limit GL5____________$3,000,000 Combined Single Limit GL6____________$4,000,000 Combined Single Limit GL7____________$5,000,000 Combined Single Limit Required Endorsement: GLLIQ Liquor Liability GLS ___________ Security Services All endorsements are required to have the same limits as the basic policy. INSCKLST AdministrativeInstruction7500.6 4EGOIX4K 'E 2015 Edition INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature INSCKLST AdministrativeInstruction7500.6 4EGOIX4K 'E ENCLOSURE (4)a. M.C.A. Instruction 4802. Page 8 NON-COLLUSION AFFIDAVIT I, ,according to law, on my oath, and under penalty of perjury, depose and say that: 1. I am ,of the firm of . the bidder/responder making the proposal for the project described in the Notice of Request for Competitive Solicitations for: , and I executed the said proposal with full authority to do so. 2.The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/responder or with any competitor. 3.Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder/responder and will not knowingly be disclosed by the bidder/responder prior to the opening of the responses, directly or indirectly, to any other bidder/responder or to any competitor. 4.No attempt has been made or will be made by the bidder/responder to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition. 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Bidder/Responder) (Date) ________________________________________________ Print Name/Title STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, , (name of individual signing Affidavit), who, after first being sworn by me, affixed his/her signature in the space provided above on this day of 20. My Commission Expires: ____________________________________ NOTARY PUBLIC 4EGOIX4K 'E M.C.A. Instruction 4802. Page 9 ENCLOSURE (4)b. LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ___________________________________________________ warrants 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 3VHMRERGI2S or any County officer or employee in violation of Section 3 of . For breach or violation of 3VHMRERGI2S 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. _______________________________________ (Signature) Date: __________________________________ STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, ___________ , (name of individual signing Affidavit), who, after first being sworn by me, affixed his/her signature in the space provided above on this day of 20. My Commission Expires: ____________________________________ NOTARY PUBLIC 4EGOIX4K 'E Page 10 ENCLOSURE (4)c. DRUG-FREE WORKPLACE FORM _____________________________________________________________________________________ The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: ____________________________________________________________________________________ (Name of Business) 1. Publishes 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. Informs employees about the dangers of drug abuse in the workplace, the busine-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives 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), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or requires the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is for any employee who is so convicted. 6. Makes 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. ____________________________________________________ Signature ____________________________________________________ Date 4EGOIX4K 'E Page 11 ENCLOSURE (4)d. PUBLIC ENTITY CRIME STATEMENT 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 CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a p I have read the above and state that neither ________________________ nor any Affiliate has been placed on the convicted vendor list within the last 36 months. ________________________________ (Signature) Date: ___________________________ STATE OF: _____________________ COUNTY OF: _____________________ Subscribed and sworn to (or affirmed) before me on the ______ day of _______________________, 20____, by __________________________________(name of affiant). He/She is personally known to me or has produced _____________________________________________ (type of identification) as identification. My Commission Expires: ____________ ____________________________________ NOTARY PUBLIC 4EGOIX4K 'E ENCLOSURE (4)e. M.C.A. Instruction 4802.1 October 1, 2013 Page 12 LOCAL PREFERENCE FORM ** A. Vendors claiming a local preference according to 3VHMRERGI must complete this form. Name of Bidder/Responder______________________________ Date:_______________ 1.Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? __________ (Please furnish copy.) 2 Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County?_______________ List Address: ____________________________________________________________ Telephone Number: _______________________________________________________ B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? ____________ If yes, please provide: 1 Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: __________________________________________ Telephone Number ____________________________ Address __________________________________________ Address _________________________________________ Print Name: __________________________________ Signature and Title of Authorized Signatory for Bidder/Responder STATE OF ____________________ COUNTY OF ___________________ On this _____ day of ___________________________, 20_____, before me, the undersigned notary public, personally appeared ________________________________, known to me to be the person whose name is subscribed above or who produced _____________________________as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. My commission expires: ________________________________________________________ Notary Public _______________________________________ (Seal) Print Name ** This Form is only required if Local Preference is applicable pursuant to Sec. 2-349, Monroe County Code. 4EGOIX4K 'E RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 DUCK KEY SECURITY PATROLS AND SERVICES PROPOSAL/BID FORM The undersigned, duly authorized to submit this proposal/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 Proposals, for A sum not to exceed of $_____________ per year, @_____ per hr. DATED: _________ Signature: _____________________________ Witnesses (signatures of 2 required): Print Name: ____________________________ Title: ____________________________ Print Name: ____________________________ Title: ____________________________ I acknowledge receipt of Addenda No.(s) I have included: Bid Form_____ Drug Free Workplace Form ____ Insurance Agent’s (or Respondent/Respondent’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: Telephone: Fax: __________ 26 46 4EGOIX4K 'E Date: _________ Signed: Witness: (Name) Witness: _____________________________ (Title) 27 47 4EGOIX4K