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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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:
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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:_________________________________________________
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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
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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
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GK1Garage $ 300,000 ($ 25,000 per Veh)
GK2Keepers$ 500,000 ($100,000 per Veh)
GK3$1,000,000 ($250,000 per Veh)
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MED1Medical$ 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.
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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.
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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
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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
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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
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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
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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
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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.
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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: __________
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Date: _________
Signed: Witness:
(Name)
Witness: _____________________________
(Title)
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