Item T2 T.2
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys ��` �)-.�pp`� � Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 16, 2020
Agenda Item Number: T.2
Agenda Item Summary #7333
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Christina Brickell (305) 292-4466
N/A
AGENDA ITEM WORDING: Approval to advertise for competitive solicitations for security
patrols and services for the Duck Key Security District.
ITEM BACKGROUND: The Duck Key Security District currently has a contract with Ralons
Security, Inc. for security patrol services. Due to the contractual requirement that security personnel
must have a class D license as per Chapter 493, Florida Statutes, the contractor is having difficulty
finding qualified person to fill the positions at the current rates. The Duck Key Security District was
advised of this matter at its September 1, 2020 meeting. Staff is seeking approval to advertise for
security services so that it may procure the services through an alternative contract/contractor if the
matter is not resolved. The County recently procured the services through a competitive solicitation
in March of 2020. The Request for Proposal was then reviewed by the Duck Key Security District
Advisory Board. A draft of the RFP is attached.
PREVIOUS RELEVANT BOCC ACTION:
The Board approved the Contract with Ralons Security Inc, at its May 20, 2020 meeting.
On January 22, 2020, the BOCC granted approval to advertise for sealed bids for security patrols and
services to the Duck Key Security District.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Draft Duck Key Security Bid Request for Proposals
FINANCIAL IMPACT:
Effective Date: N/A
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Expiration Date: N/A
Total Dollar Value of Contract: Advertising $200
Total Cost to County: Advertising $200
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: No If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
05/18/16 152-04501 - DUCK KEY SECURITY SP DIS $200.00
REVIEWED BY:
Tina Boan Completed 09/08/2020 11:56 AM
Christine Limbert Completed 09/08/2020 12:35 PM
Purchasing Skipped 09/04/2020 3:21 PM
Maria Slavik Skipped 09/04/2020 3:21 PM
Liz Yongue Completed 09/08/2020 1:57 PM
Board of County Commissioners Pending 09/16/2020 9:00 AM
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REQUEST FOR PROPOSALS
DUCK KEY
SECURITY PATROLS AND SERVICES
MONROE COUNTY, FLORIDA
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01,
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem Michelle Coldiron, District 2
Commissioner Craig Cates, District 1
Commissioner David Rice, District 4
Commissioner Sylvia Murphy, District 5 U)
COUNTY ADMINISTRATOR BUDGET & FINANCE
ROMAN GASTESI TINA BOAN,DIRECTOR
CLERK OF THE CIRCUIT COURT
KEVIN MADOK
January 2020
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NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on, at 3:00 P.M., 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
Onvia at www.demandstar.com OR www.monroecountybids.com 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 (TBD) Date TBD
The News Barometer (TBD) Date TBD
Keys Weekly (TBD) Date TBD
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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.............................................................................12
Specifications.................................................................................................13 y
Scopeof Services.............................................................................................15
SECTION THREE
DraftContract................................................................................................17
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SECTION FOUR 0
Insurance Requirements........................................................................ .............32
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SECTION FIVE
CountyBid Forms............................................................................................46 �.
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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. as
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.
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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 0.
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A. Two (2) complete sets of responses, marked "Original" and executed as originals as well as
one (1) copy on electronic medium (flash drive), must be received (3 complete packages
including electronic medium). Documents required to be executed and submitted include,
but are not limited to: Proposal Form, Insurance Agent's (or Respondent's) Statement,Non-
Collusion Affidavit, Lobbying and Conflict of Interest Clause, Drug-Free Workplace Form, -�
Public Entity Crime Statement, Vendor Certification Regarding Scrutinized Companies List.
Only 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. W
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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. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or
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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.
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. 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 submit
a bid on a contract with a public entity for the construction or repair of a public building or U)
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: $35,000.00. T
E. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a
proposal for, or entering into or renewing a contract for goods or services of any amount if,
at the time of contracting or renewal, the company is on the Scrutinized Companies that 0
Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in
a Boycott of Israel. Section 287.135,Florida Statutes, also prohibits a company from bidding
on, submitting a proposal for, or entering into or renewing a contract for goods or services
of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan
List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists
which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business -�
operations in Cuba or Syria. @
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
himself of the obligations and responsibilities assumed under the contract.
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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
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documents. Respondents and Sub-Respondents requiring clarification or interpretation shall submit
their questions in writing no later than ten(10)business days prior to the date for receipt of Responses,
to the following address: Brickell-christina@monroecounty-fl.gov. 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 U)
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.
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 Ch
and municipalities within Monroe County are the responsibility of the Respondent. 0.
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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 v)
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)electronic copy of each response shall be submitted. The
response shall be submitted in a sealed envelope clearly marked on the outside, with the
Respondents name and "Proposal for Duck Key Security Patrols & Services" 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 TBD. 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.
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E. 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 U)
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.
Respondent should focus specifically on the information requested. Additional information,unless
specifically relevant, may distract rather than add to the Respondent's overall evaluation.
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The following information, at a minimum, shall be included in the Submittal: >
A. Cover Page
A cover page that states "REQUEST FOR PROPOSALS FOR DUCK KEY SECURITY 0
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. E
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:
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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 in use
or planned for this contract.
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Tab 6. Transition Plan >
Respondent shall thoroughly describe the transition plan from the current providers to the v,
Respondent if awarded the contract. Flow charts and schedules may be used.
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Tab 7. Staffing 0.
a. Respondent shall include a list of the proposed staff positions that will provide the work
required if awarded this contract. Security personnel must have a class D license as per
Chapter 493,Florida Statutes and should comply with the specifications regarding security
personnel's driving record as set forth in Attachment A.
b. Describe the firm's hiring procedures, background checks, and drug screening practices.
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);
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(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;
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(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 U)
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
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, v,
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 0
that failed to perform services or furnish goods similar to those sought in the request for CL
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 31
Insurance Agent's (or Respondent's) Statement 45
Non-Collusion Affidavit 46
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Lobbying and Conflict of Interest Clause 47
Drug Free Workplace 48
Public Entity Crime Statement 49
Local Preference Form only required if business claims local preference 50
Vendor Certification Regarding Scrutinized Companies Lists 51
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
outside, with the Respondents name and"Modification to Proposal for Duck Key Security
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
for Competitive Solicitation. Faxed or e-mailed bids shall be automatically rejected. Responses t
will be received until the date and hour stated in the Notice of Request for Competitive W
Solicitation. v
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1.11 RESPONSIBILITY FOR RESPONSE
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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.
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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
Transition Plan (Tab 6) 5
Staffing (Tab 7) 15
Litigation and Financial Information (Tab 8) 10
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County Forms (Tab 9) 0 (10 if local preference is met) c
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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 U)
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 a
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. Following the receipt of the Proposal/Response, the selection committee/Duck Key Security
District advisory board will meet in a publicly noticed meeting to review the
Proposals/Responses. The Selection committee/Duck Key Security District advisory board will
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rank the submittals in order of preference and make a recommendation to the County
Commissioner to award a contract to the highest ranked person/firm. If an agreement cannot be
reached with the highest ranked person/firm, when authorized by the Board staff will negotiate
with the next highest ranked person/firm until an agreement is reach. When staff has agreed with
the person/firm upon a mutually satisfactory contract, the contract will be brought before the
County Commission for final approval. No binding contract is created between any person/firm
and the County until a contract is approved by the County Commission.
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 one
(1) executed 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 "Y'
on the attached forms identified as INSCKLST 1-5, and further detailed on forms GL2, GLS,
VL2, and WC in section. Certificates of Insurance must be provided to Monroe County within 0
fifteen(15) days after award of bid, with Monroe County BOCC listed as additionally insured on0.
all except Workers Compensation and Employers Liability. If the proper insurance forms are not e
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. -2
1.17 BID PROTEST
Any Bidder/Respondent/Proposer who claims to be adversely effected by the decision or )
intended decision to award a contract shall submit in writing a notice of protest which must
be received by the County Attorney's Office within seventy-two (72) hours or three (3)
business days, whichever is less, after the posting of the notice of decision or intended
decision on DemandStar or posting of the notice of decision or intended decision on the
Monroe County Board of County Commissioners' ("BOCC") agenda, whichever occurs
first. Additionally, a formal written protest must be submitted in writing and must be received
by the County Attorney's Office seventy-two (72) hours or three (3) business days prior to
the BOCC's meeting date in which the award of contract by the BOCC will be heard. The
only opportunity to address protest claims is before the BOCC at the designated public
meeting in which the agenda item awarding the contract is heard. In accordance with the
Rules of Debate as set forth in the Monroe County Board of County Commissioners
Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is
responsible for providing the Clerk with his/her name and residence prior to the agenda item
to award the contract being called in order to preserve their opportunity to be heard on this
matter. An individual has three (3) minutes to address the Commission and a person
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representing an organization has five (5) minutes to address the Commission. The BOCC
decision to award the contract is final and at their sole discretion. Failure to timely protest
within the times and manner prescribed herein shall constitute a waiver of the ability to
protest the award of contract, unless the BOCC determines that it is in the best interest of the
County to excuse the protest waiver. The filing of a protest shall not stop the solicitation,
negotiations, or contract award process, unless it is determined that it is in the best interest
of the County to do so.
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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/Notice
of Request for Competitive Solicitations, instructions, and forms contained in this Request for
Bids (Response Form, Non-Collusion Affidavit, Lobbying and Conflict of Interest Clause,
Drug Free Workplace, Vendor Certification Regarding Scrutinized Companies Lists) 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 0
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. -2
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 approved
by the Monroe County Board of County Commissioners.
Laws and Regulations; Laws or Regulations -Laws, rules, regulations, ordinances, codes and/or E
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 .6
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
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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 0.
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The Contractor shall record and maintain statistical data concerning the security patrols and
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services. Contractor shall be required to maintain records pertaining to the contract for five (5)
years after the termination of the contract.
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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. i)
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) Security personnel must undergo a background check and must be screened for drug usage
via a standard pre-employment drug test. The Duck Key Security District reserves the
right to require periodic random drug testing of security personnel.
b) Security personnel must have a class D license as defined and required by Chapter 493,
Florida Statutes.
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c) An examination of each security person's driving record is required. No more than 3
tickets and/or accidents in the past five years and no instances of DUI or DWI are
allowed.
d) Security personnel will wear a uniform designed to closely resemble a police officer at all
times while on duty and in accordance with F.S. 493.6305. Security personnel will not
carry firearms, weapons, batons, stun guns, or chemical weapons such as sprays.
e) Security personnel do not have arrest or detention authority and must refrain from any
action which may jeopardize a legal arrest by law enforcement officers. Security vehicles
will not engage in pursuit driving at high speeds.
f) Security vehicles must be equipped with the following:
a. a distinct logo, large enough to be visible to other cars and pedestrians, prominently
displayed with"Duck Key Security"
b. amber flashing light
c. cellular telephone
d. first aid kit >
e. spotlight
f. flashlight
g. a throwable personal flotation device with appropriate length of rope
h. a portable fire extinguisher
0
g) Security contractor will provide 12 electronic check-in stations throughout the Four(4)
residential islands to be activated each time a drive through circuit is made by security
personnel. Security personnel will check in at the first electronic check-in station
immediately upon arrival and again just before they leave. A report of the electronic check-
in stations and the guard's daily reports will be delivered to the designated member of the -�
Duck Key Security Board promptly after the end of each month and will be reviewed @
before the monthly invoice is approved.
h) Contractor will provide business cards, magnets or stickers with contact information to the
residents, including the mobile phone number where residents can contact the security
personnel on duty.
i) Contractor will attend the Duck Key Security Advisory Board meeting on the first Tuesday
in Jan, March, May, July, September, and November to give a report on any activity that
the security personnel was involved in and answer questions regarding their service from
the board or the public. Days of meetings may vary but will be confirmed Ten (10) days
E
prior to meeting.
j) No security personnel will work more than Ten (10) hours per day, including breaks.
Security personnel is expected to remain vigilant, alert, and engaged during their hours of
service. They should not be doing other work or sleeping during their shift.
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2.04 SCOPE OF SERVICES
a) Contractor will provide on-site security services Seven (7) nights per week for Eight (8)
hours on a schedule agreed to by Duck Key Security District and the contractor. Additional
or fewer hours may be requested and will be charged or credited at the rate as agreed to in
the contract. Contractor will provide Eight (8) hours of additional patrols during daytime
hours each day during the week of mini-lobster season, the last week of July.
b) 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 sheriffs deputies, marine -2
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.
c) A minimum of Four (4) drive through circuits of the entire Four (4) residential islands will
be provided for every Eight (8) hour shift. Drive-throughs will be conducted at 10 MPH.
The guard will enter every cul-de-sac and dead-end street. When not engaged in drive-
throughs, security personnel will remain alert at the entrance to the island, near Truman
Bridge. cu
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d) Up to 15 door checks per night will be conducted. Residents must request door checks in
writing(email is acceptable)providing dates and address and giving the guard permission to
walk around the property. Security personnel will walk around property and check that all �--
doors are locked. If suspicious activity is detected, security personnel will notify Monroe
County Sheriffs Office immediately. Security personnel will not enter an unoccupied
property. 0.
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e) Daily reports from the security personnel will be delivered to a designee of the Duck Key
Security Advisory Board promptly after the end of the month. Duck Key Security Advisory
Board will provide a sample of the report it requires. Guards will fill out the report on a daily
basis and give as much detail as possible of any incident they were involved in, including
address, nature of problem, etc.
f) Security personnel is expected to ask trespassers to leave, to request individuals to quiet
noisy parties, and to direct emergency vehicles. Security personnel will report the trespassers
who fail to leave and noisy parties that fail to quiet down to the Monroe County Sheriffs
Office, so they may assist.
v)
g) If a resident asks for assistance, Security personnel will communicate with the resident as to
the outcome of their request, and if security personnel cannot assist,they should call Monroe
County Sheriffs Office and inform the resident that they have called for additional help.
Security personnel should not tell the resident to call the police;they will call the police when
necessary. Security personnel will report any and all suspicious or illegal activity such as
theft, vandalism, open doors, suspected DUI/DWI, and car accidents to MCSO immediately
after they become aware of it.
h) Security personnel will give friendly reminders to residents who are walking dogs without a
leash, driving golf carts at night without lights, and will accompany minors (below 14 years
of age)driving a golf cart to their homes and advise the parents of the required age for driving
a golf cart.
i) In case of an emergency, such as a hurricane, security personnel will enter Duck Key as soon
as allowed by the authorities, and report damages to the Board members utilizing the Satellite
phone provided by the Duck Key Security District if cell phones do not work. Pictures of
damages will be taken and provided if possible. Security personnel will protect the satellite
phone and keep a log of all calls made using the satellite phone.
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j) The contractor will apply to Emergency Management of Monroe County for an emergency
re-entry decal.
k) Either party may cancel this contract upon sixty (60) days written notice.
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SECTION THREE
DRAFT CONTRACT
THIS AGREEMENT, made and entered into this day of , 2020, A.D., by and
between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "County" or
"Owner"), and , (hereinafter called the"Contractor").
WHEREAS, The Duck Key Security Advisory Board 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 for activities that support the Duck Key Security
District, as recommended by the Duck Key Security District Advisory Board; 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 ru
consists of the contract documents, which are as follows: This agreement and any 0
amendments executed by the parties hereafter, together with all required insurance 0
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.
a
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 described herein, 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 E
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
17
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L2.a
or permitted under State and local law to perform such services.
B. Contractor's Records
1) The Contractor shall maintain financial records in accordance with generally accepted
accounting principles. An annual financial report audited and certified by a licensed
Certified Public Accountant shall be provided to the County Clerk within one hundred
twenty (120) days following the close of the Contractor's fiscal year. The certified
financial report shall be in such detail as to disclose the revenues, expenses, and
disbursements relating to the services provided under this contract. Notes to the
Financial statements shall disclose noncompliance with requirements of this contract
concerning conflict of interests. u
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 r�
(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.
0
3. PAYMENTS TO THE CONTRACTOR CL
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 u
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, 218.70, Florida Statutes.
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
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(2) additional one-year terms. County shall provide Contractor at least thirty (30) days'
notice of its intent to renew. The Contract amount agreed to herein 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 U)
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 0.
the Contractor, who in any event shall be jointly and severally liable to the Owner for all
c.
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 U)
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
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requirements contained elsewhere within this agreement. This provision shall survive the
cancellation or termination of this Agreement.
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance as required in the Request for 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
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NON-DISCRIMINATION. The parties 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 0
terminates without any further action on the part of any party, effective the date of the court a.
order. The parties 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 VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination �-
in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of
the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), -2
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), u
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 r�
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 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 §§ 3601 et seq.), as amended, relating to E
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10)Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, 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.
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9. ASSIGNMENT
The Contractor shall not assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissioners of
Monroe County and Contractor. 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 County. :
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. eat
11. DISCLOSURE AND CONFLICT OF INTEREST
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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. v)
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
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Contractor further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this contract.
13. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered
or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to
the following: :
FOR COUNTY
Monroe County Administrator and County Attorney
1100 Simonton Street 1111 12th Street, Suite 408
Key West, FL 33040 Key West, Fl. 33040
FOR CONTRACTOR:
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14. TAXES
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor
shall not be exempted by virtue of the County's exemption from paying sales tax to its 0
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
12
Contractor shall be responsible for any and all taxes, or payments of withholding, related to
services rendered under this agreement. a
15. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
County and the Contractor in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool v)
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 W
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.
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17. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or :
statutory duties of the County, except to the extent permitted by the Florida constitution, as
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 T
party sixty (60) days written notice of its intention to do so. >
C. For Contracts of any amount, if the County determines that the Contractor has submitted
a false certification under Section 287.135(5), Florida Statutes or has been placed on the v,
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the
County shall have the option of (1) terminating the Agreement after it has given the 0
Contractor written notice and an opportunity to demonstrate the agency's determination
of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or
12
(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes,
are met.
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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 the 16' Judicial Circuit in and for Monroe County,
Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and v)
costs. This Agreement is not subject to arbitration. Mediation shall be held according to the
rules prescribed by the 16th Judicial Circuit, Monroe County, Florida.
20. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement
to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any W
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
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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 as
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
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 T
counterpart. >
24. PUBLIC RECORD COMPLIANCE
Contractor must comply with Florida public records laws, including but not limited to 0
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 v)
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. r�
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to: E
(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.
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(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 for
retaining public records. All records stored electronically must be provided to the
County, upon request from the County'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. c
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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 section 119.10, 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 BRADLEY AT PHONE 305-292-3470 BRADLEY-
BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL
33040.
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25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the parties. The
CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with
meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the :
parties, then any party shall have the right to seek such relief or remedy as may be provided
by this Agreement or by Florida law
26. PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity, may not submit a bid, proposal, or reply on
a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or >
perform work as a contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the v,
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
0
27. ETHICS CLAUSE
Contractor warrants that he/it had not employed, retained or otherwise had act on hi/its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance no 020-1990. For breach or violation of this provision the County may, in its -�
discretion, terminate this contract without liability and may also, in its discretion, deduct @
from the contract or purchase price, or otherwise recover the full amount of any fee,
commissions, percentage, gift, or consideration paid to the former county officer or
employee. v)
28. 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.
a�
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.
26
Packet Pg. 3604
L2.a
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
CONTRACTOR:
Name: a
Title:
The foregoing instrument was acknowledged before me this day of 2020, by y
Who is ( )personally known to me or( )produced a
driver's license as identification.
�t
NOTARY PUBLIC, STATE OF FLORIDA
0
Print, type of stamp commissioned name of 0
notary c-
c
27
Packet Pg. 3605
L2.a
ATTACHMENT A
1. Specifications
Security personnel must undergo a background check and must be screened for drug usage via a
standard pre-employment drug test. The Duck Key Security District reserves the right to require
periodic random drug testing of security personnel. Security personnel must have a class D license
as defined and required by Chapter 493, Florida Statutes.
CO
An examination of each security person's driving record is required. No more than 3 tickets and/
or accidents in the past five years and no instances of DUI or
DWI are allowed. i)
Security personnel will wear a uniform designed to closely resemble a police officer at all times
while on duty and in accordance with F.S. 493.6305. Security personnel will not carry firearms,
weapons, batons, stun guns, or chemical weapons such as sprays.
T)
Security personnel do not have arrest or detention authority and must refrain from any action >
which may jeopardize a legal arrest by law enforcement officers.
Security vehicles will not engage in pursuit driving at high speeds. v,
Security vehicles must be equipped with the following: 0.
0
CL
A) a distinct logo, large enough to be visible to other cars and pedestrians, prominently displayed
with"Duck Key Security"
B) amber flashing light
C) cellular telephone
D)first aid kit
E) spotlight @
F)flashlight
G) a throwable personal flotation device with appropriate length of rope
H) a portable fire extinguisher v)
Security contractor will provide 12 electronic check-in stations throughout the Four(4)residential
islands to be activated each time a drive through circuit is made by security personnel. Security
personnel will check in at the first electronic check-in station immediately upon arrival and again
just before they leave.
A report of the electronic check-in stations and the guard's daily reports will be delivered to the
designated member of the Duck Key Security Board promptly after the end of each month and will
be reviewed before the monthly invoice is approved.
Contractor will provide business cards, magnets or stickers with contact information to the
residents, including the mobile phone number where residents can contact the security personnel
on duty.
Contractor will attend the Duck Key Security Advisory Board meeting on the first Tuesday in Jan,
28
Packet Pg. 3606
L2.a
March, May, July, September, and November to give a report on any activity that the security
personnel was involved in and answer questions regarding their service from the board or the
public. Days of meetings may vary but will be confirmed 10 days prior to meeting.
No security personnel will work more than 10 hours per day, including breaks. Security personnel
is expected to remain vigilant, alert, and engaged during their hours of service. They should not be
doing other work or sleeping during their shift.
2. Scope of Service
Contractor will provide on-site security services seven (7) nights per week for 8 hours on a
schedule agreed to by Duck Key Security District and the contractor. Additional or fewer hours U)
may be requested and will be charged or credited at the rate as agreed and set forth in Paragraph 3.
Payment to Contractor above. Contractor will provide Eight(8) hours of additional patrols during
daytime hours each day during the week of mini-lobster season, the last week of July.
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 v,
their choice. v
0
0.
0
A minimum of four (4) drive-through circuits of the entire four residential islands will be provided CL
for every Eight(8) hour shift. Drive throughs will be conducted at 10 MPH. The guard will enter
12
every cul-de-sac and dead-end street. When not engaged in drive-throughs, security personnel will
remain alert at the entrance to the island, near Truman Bridge.
Up to 15 door checks per night will be conducted. Residents must request door checks in writing -�
(email is acceptable) providing dates and address and giving the guard permission to walk around
the property. Security personnel will walk around property and check that all doors are locked. If
suspicious activity is detected, security personnel will notify Monroe County Sheriff's Office
immediately. Security personnel will not enter an unoccupied property. v)
Daily reports from the security personnel will be delivered to a designee of the Duck Key Security
Advisory Board promptly after the end of the month. Duck Key Security Advisory Board will
provide a sample of the report it requires. Guards will fill out the report on a daily basis and give
as much detail as possible of any incident they were involved in, including address, nature of
problem, etc.
a�
Security personnel is expected to ask trespassers to leave, to request individuals to quiet noisy
parties, and to direct emergency vehicles. Security personnel will report the trespassers who fail to
leave and noisy parties that fail to quiet down to the Monroe County Sheriff's Office, so they may
assist.
If a resident asks for assistance, Security personnel will communicate with the resident as to the
outcome of their request, and if security personnel cannot assist, they should call Monroe County
Sheriff's Office and inform the resident that they have called for additional help. Security
29
Packet Pg. 3607
L2.a
personnel should not tell the resident to call the police; they will call the police when necessary.
Security personnel will report any and all suspicious or illegal activity such as theft, vandalism,
open doors, suspected DUUDWI, and car accidents to MCSO immediately after they become
aware of it.
Security personnel will give friendly reminders to residents who are walking dogs without a leash,
driving golf carts at night without lights, and will accompany minors (below 14 years of age)
driving a golf cart to their homes and advise the parents of the required age for driving a golf cart. :
In case of an emergency, such as a hurricane, security personnel will enter Duck Key as soon as
allowed by the authorities, and report damages to the Board members utilizing the Satellite phone
provided by the Duck Key Security District if cell phones do not work. Pictures of damages will be U)
provided if possible. Security personnel will protect the satellite phone and keep a log of all calls
made using the satellite phone.
The contractor will apply to Emergency Management of Monroe County for an emergency re-
entry decal.
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. v,
0
0.
0
CL
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30
Packet Pg. 3608
L2.a
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 u
v)
A sum not to exceed of$ per year, @ per hr.
DATED: Signature:
Witnesses (signatures of 2 required): Print Name:
Title:
I acknowledge receipt of Addenda No.(s) c0.
0
CL
I have included:
Bid Form
Insurance Agent's (or Respondent/Respondent's) Statement
a
Non-Collusion Affidavit
Lobbying and Conflict of Interest Clause
Drug Free Workplace Form as
Public Entity Crime Statement
Local Preference Form (only required vendor/business claims local preference
Vendor Certification Regarding Scrutinized Companies Lists
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:
Date:
Signed: Witness:
(Name)
Witness:
(Title)
31
Packet Pg. 3609
L2.a
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 0
as a result of the Contractor's failure to purchase or maintain the required insurance, the 0
Contractor shall indemnify the County from any and all increased expenses resulting from such CL
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
32
Packet Pg. 3610
L2.a
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 0
satisfactory evidence of the required insurance, shall not extend deadlines specified in this 0
contract and any penalties and failure to perform assessments shall be imposed as if the CL
work commenced on the specified date and time, except for the Contractor's failure to
provide satisfactory evidence.
a�
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 v)
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:
a�
• 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.
33
Packet Pg. 3611
L2.a
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. v)
Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management. r�
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0.
0
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34
Packet Pg. 3612
L2.a
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: Security Patrols and Services
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
0
Coverage shall be maintained throughout the entire term of the contract. 0
a.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
a�
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 v)
upon request from the County.
WC1
35
Packet Pg. 3613
L2.a
GENERAL LIABILITY INSURANCE
REQUIREMENTS
FOR
CONTRACT: Security Patrols and Services
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: 0
0
$500,000 Combined Single Limit(CSL)
c
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. v)
GL2
36
Packet Pg. 3614
L2.a
BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT: Security Patrols and Services
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 Business Automobile Liability Insurance.
Coverage will 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 is:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable are:
0
$200,000 per Person 0.
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements.
VL2
37
Packet Pg. 3615
L2.a
GENERAL LIABILITY INSURANCE
REQUIREMENTS
FOR
CONTRACT: Security Patrols and Services
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 U)
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.
0
0.
0
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GLS
38
Packet Pg. 3616
L2.a
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
WAIVER OF INSURANCE REQUIREMENTS ;a
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 0
the County as an Additional Insured, Risk Management has not been granted the authority CL
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
waiver or a modification is desired, a Request for Waiver of Insurance Requirements form
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. <
39
Packet Pg. 3617
L2.a
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: 0)
0)
Address of Contractor:
Phone:
Scope of Work: A
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Reason for Waiver: 0.
0
CL
Policies
rr
Waiver will 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:
40
Packet Pg. 3618
L2.a
INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS OR BIDS
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
requiste form reflecting coverage and submit it with the proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
X Workers' Compensation Statutory Limits
Bodily Injury by Accident/Bodily
Injury by Disease,policy >
limits/Bodily Injury by Disease
each employee
WC1 Employers Liability $100,000/$500,000/$100,000 0
0
WC2 Employers Liability $500,000/$500,000/$500,000
c
WC3 Employers Liability $1,000,000/$1,000,000/$1,000,000
a�
WCUSLH US Longshoremen & $1,000,000
Harbor Workers Act
WCJA Federal Jones Act $1,000,000
41
Packet Pg. 3619
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GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
• Premises Operations Products and Completed Operations
• Blanket Contractual Personal Injury
Required Limits:
GLl $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
0
0.
0
Required Endorsement:
c
GLLIQ Liquor Liability
a
GLS Security Services
All endorsements are required to have the same limits as the basic policy.
INSCKLST
42
Packet Pg. 3620
L2.a
BUSINESS AUTOMOBILE LIABILITY
As a minimum, coverage should extend to liability for:
• Owned; Non-owned; and Hired Vehicles
Required Limits:
VLl $50,000 per Person: $100,000 per Occurrence -6
$25,000 Property Damage @
or
$100,000 Combined Single Limit
(The use of VLl 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
e(
VL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or c
$1,000,000 Combined Single Limit 0
a.
VL4 $5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
BR1 Builders' Limits equal to the
Risk Full Replacement Value of the completed
proj ect.
CLl Cyber Liability $1,000,000
v)
MVC Motor Truck Limits equal to the maximum
Cargo value of any one shipment.
PROI Professional $ 300,000 per Occurrence/$ 500,000 Agg.
PRO2 Liability $ 500,000 per Occurrence/$1,000,000 Agg.
PRO3 $1,000,000 per Occurrence/$2,000,000 Agg.
POLL Pollution $ 500,000 per Occurrence/$1,000,000 Agg.
POL2 Liability $1,000,000 per Occurrence/$2,000,000 Agg.
POL3 $3,000,000 per Occurrence/$6,000,000 Agg.
POL4 $5,000,000 per Occurrence/$10,000,000 Agg. <
ED1 Employee $ 10,000
ED2 Dishonesty $100,000
GK1 Garage $ 300,000 ($ 25,000 per Vehicle)
GK2 Keepers $ 500,000 ($100,000 per Vehicle)
GK3 $1,000,000 ($250,000 per Vehicle)
43
Packet Pg. 3621
L2.a
MED1 Medical $ 300,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1,000,000 Agg.
MED3 $1,000,000/$ 3,000,000 Agg.
MED4 $5,000,0001$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLP1 Hazardous $ 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90) @
VLP3 Transporter $1,000,000 (Requires MCS-90)
BLL Bailee Liab. Maximum Value of County Property that
will be in the Bailee's posession.
HKLI Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000,000
HKL4 $ 5,000,000
AIR Aircraft $ 1,000,000 >
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AEO1 Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg. 0
AEO2 & Omissions $ 500,000 per Occurrence/$1,000,000 Agg. 0
AEO3 $ 1,000,000 per Occurrence/$3,000,000 Agg.
AEO4 $ 3,000,000 per Occurrence/$5,000,000 Agg.
ARP All Risk Property Full 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.
WLl Water Craft $ 500,000 per Occurrence
WL2 Liability $ 1,000,000 per Occurrence
44
Packet Pg. 3622
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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
c
BIDDERS STATEMENT 0
c
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder's Name and Title Signature
Company Name:
45
Packet Pg. 3623
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M.C.A. Instruction 4802.5 ENCLOSURE (4)a.
March 21,2018
Page 8
NON-COLLUSION AFFIDAVIT
I, according to law,on my oath,and under penalty of perjury,depose and say that:
I. 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:
U)
W
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 y
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,
Ch
directly or indirectly,to any other bidder/responder or to any competitor.
0.
0
4. No attempt has been made or will be made by the bidder/responder to induce any other person,partnership or corporation to CL
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. r
(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
46
Packet Pg. 3624
L2.a
M.C.A. Instruction 4802.5
March 21,2018
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 Ordinance No. 10-
1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of y
this provision, the County may, in its discretion, terminate this contract without liability and may also, in its discretion,
e(
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. 0.
0
L.
CL
(Signature) r
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 r�
My Commission Expires:
NOTARY PUBLIC
47
Packet Pg. 3625
L2.a
M.C.A. Instruction 4802.5
March 21,2018
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 y
violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be Ln
imposed upon employees for drug abuse violations.
0.
3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement
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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 -a_
conviction. @
5. Imposes a sanction on,or requires the satisfactory participation in,a drug abuse assistance or rehabilitation program if such is
available in the employee's community, for any employee who is so convicted.
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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.
Bidder's Signature
e(
Date
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L2.a
M.C.A. Instruction 4802.5
March 21,2018
Page 11
ENCLOSURE (4)d.
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a °>%
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, u
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 period of 36 months from the date of being placed on the convicted vendor list." U
I have read the above and state that neither (Proposer's name) Q
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
0
0.
(Signature)
c
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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L2.a
M.C.A. Instruction 4802.5 ENCLOSURE (4)e.
March 21,2018
Page 12
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 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 y
businesses meeting the criteria above as to licensing and location?
If yes,please provide:
i 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. y
0
0.
2. Subcontractor Address within Monroe County from which the subcontractor operates: c
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Telephone Number
Address
rr
Address
Print Name:
Signature and Title of Authorized Signatory for W
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 03
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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L2.a
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address: —
City: State: Zip:
Phone Number:
Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida
Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or >
renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran A
M
Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged
0
in business operations in Cuba or Syria.
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As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
12
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed
rr
on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract
with the County may be terminated, at the option of the County, if the company is found to have
submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in
business operations in Cuba or Syria.
Certified By: who is authorized
to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
htt ://www.dms.mvflorida.com/business o erations/state urchasin�/vendor inforiization/convicted sus
Mended discriminatory corn laints vendor lists
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