Item D34
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19, 2003
Division: Management Services
Bulk Item: Yes -L No
Department: Administrative Services
AGENDA ITEM WORDING:
Approval of amendment of agreement with Eagle Security to provide security services for the Duck
Key Security District.
ITEM BACKGROUND:
This is the second of two one year renewals provided for in the original agreement.
PREVIOUS RELEVANT BOCC ACTION:
Board approved the original contract on 2/21/01 and the first amendment on 3/20/02.
CONTRACT/AGREEMENT CHANGES:
The expiration for this agreement will be changed from 3/31/02 to 3/31/03. The contractor's payment
will be increased in accordance with article 8 of the contract by a 2.8% consumer price index, effective
4/1/02.
STAFF RECOMMENDATIONS:
Approval as stated above.
TOTAL COST: $64.465.47 BUDGETED: Yes -L No
COST TO COUNTY: $64.465.47 SOURCE OF FUNDS: Special Taxing District Revenue
REVENUE PRODUCING: Yes No l AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~
OMB/Purchasing ~ Risk Management _ X_
~Q~1AJ,PA __
- Sheila A. Barker
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
x
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # ,;.:)JY
Revised I/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Eagle Security Contract #
Effective Date: 04/01/03
Expiration Date: 03/31/04
Contract Purpose/Description:
Security Services for the Duck Key Security District.
Contract Manager: Stacey Roberts 4472 OMB/ Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 2/19/03 Agenda Deadline: 2/5/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 64,465.47
Budgeted? YesrgJ No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 32,232.74
152-04501-530340-
- - -
----
Estimated Ongoing Costs: $nJa/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
- - -
----
CONTRACT REVIEW
Date In
Date Out
Division Director
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
RENEWAL AGREEMENT
This renewal agreement is made and entered into this 19th day of February, 2003, between the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (County) and EAGLE SECURITY COMPANY
(Contractor) in order to renew that certain agreement entered into on February 21 S\ 2001 and renewed on March
20th, 2002.
1. In accordance with Article 2, - TERM, this agreement is hereby renewed for one additional year.
2. Article 8- CONTRACT PRICE for the renewal period is amended to read as follows:
"Article 8- Contract Price:
The owner shall pay the Contractor for security services as described in the Form of Agreement in current
funds in the amount of $64,465.47 ($62,709.60 plus 2.8% CPI increase of $1,755.87.) Such sum is in
consideration of 4,240 hours of security services at an hourly rate of $ 15.20 per hour."
3. The term of this renewal agreement shall commence on April 1, 2003, at 12:01 A.M. and terminate on
March 31, 2003 at 12:00 midnight.
4. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual
appropriation by the Board of County Commissioners.
5. A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list.
6. In all other respects, the original agreement between the parties dated March 21, 2001 and renewed on
March 20, 2002, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and
year first written above.
(Seal)
Attest DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
Mayor/ Chairman
EAGLE SECURITY COMPANY
"
By:
Title:
05/22/2002 12:05
3052953553
CLERK OF COURT
PAGE 02
RENEW At AGREEMENT
TIris renewal agreement is made and entered into this 20th day of March, 2002, between
the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, (County)
and EAGLE SECURITY COMPANY (Contractor) in order to renew that certain agreement
entered into on :
1.
In accordance with Article 2,- TERM, this agreement is hereby renewed for one
additional year.
2.
---- _. _.__...h....... ___._..___ ___ __ _.__ ________________ _________.______._.__________.____.______
Article 8- CONTRACI' PRICE is amended to read as follows:
" Article 8- Contract Price:
The owner shall pay the Contractor for security services as described in the Form.
Agreement in current funds in the amount of $62,709.60 ($61,480.00 plus 2% CPI iItcrease
of $1,229.60). Such sum is in consideration of 4,240 hours of security senrices at an
hourly rate of $14.79 per hour.
3. The term of this renewal agreement shall commence on April 1, 2002, at 12:01 A.M. and
terminate on March 31, 2003 at 12:00 midnight.
4.
BOARD OF COUNTY COMMIssIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
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EAGLE SECURITY COMPANY
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CONTRACT AGREEMENT
THIS AGREEMENT is set forth as of the 21st day of February, 2001
between the Board of County Commissioners of Monroe County, Florida,
as the governing body of the Duck Key Security District, hereinafter
"Owner" or "County" and the following Contractor:
Name:
Address:
Phone:
Eagle Security Company
4900 Overseas Highway
Marathon, FL 33050
(305) 743-2822
hereinafter "Contractor" for the purpose of performing all of the services
required by the Contract Documents for the following:
SECURITY PATROLS AND SERVICES
Duck Key Security District
Monroe County, Florida
The Owner and the Contractor agree as set forth as follows:
Article 1 - The Contract Documents
The Contract Document consist of this Agreement, the Request for Bids,
the Non-Collusion Affidavit, the Insurance Documents, the Sworn
Statement under Ordinance No. 10-1990, the Drug-Free Work Place
Form, the Specifications and Modifications issued after execution of this
Agreement. These form the Contract and all are as fully a part of the
Contract as if attached to this Agreement or repeated herein. An
enumeration of the Contract Document appears in Article 5.
Article 2 - Term
A. The contract shall have a term of 12 months commencing at 12:01 a.m.
April 1, 2001 through 12:01 AM, March 31, 2002.
B. At the end of the first year the County shall have an option of extending
this agreement for an additional one year term, which option shall be
exercised by written notice at least thirty (30) days prior to December 31,
2001, and shall be documented by agreement amendment executed by
both parties. At the end of the additional one-year term, County shall
have one more option for an additional one-year term under the same
conditions, thus providing that this agreement shall be for one year with
two one-year extension options. The contract amount agreed to herein
may be adjusted annually in accordance with the percentage change in
the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in
Miami, Florida area index and shall be based upon the annual average CPI
communication from January 1 through December 31 of the previous
year. Increases in the contract amount during each option year period
shall be extended into the succeeding years.
C. The County may cancel this contract for cause with seven (7) days
written notice to the Contractor. The Contractor may terminate this
contract for cause with fifteen- (15) days written notice to the County.
Cause shall constitute a breach of the obligations that either party is
required to perform under this contract.
Article 3 - Specifications
A. The Contractor must submit to the owner a copy of its Class "B"
operating license as defined and required under FS 493.
B. All Security Personnel must have a Class "0" license as defined and
required under FS 493.
Security Personnel must be screened for drug usage via a standard pre-
employment urine drug test. The Duck Key Security District reserves the
right to require periodic random drug testing of Security Personnel.
An examination of each Security Person's driving record from every state
where he or she has resided is required. A satisfactory driving record is
required of all Security Personnel (not more than three tickets and/or
accidents in the past five years and no instances of DUI or OWl).
C. Security Personnel are specifically prohibited from carrying weapons of
any sort to include but not be limited to firearms, batons (nightsticks),
stun guns and chemical weapons (i.e. mace).
D. Security Personnel do not have arrest or detention authority and must
refrain from any action, which may jeopardize a "legal" arrest by qualified
law enforcement officers.
E. Security vehicles (automobiles required) must be equipped with driver's
side spotlight, with amber flashing light, distinct logo prominently
displayed preferably indicating "Duck Key Security" as allowed under
present state licensing parameters, cellular telephone and two-way radio
communication equipment allowing immediate communication with the
Contractor's base station.
F. In no case shall security vehicles be operated at speeds beyond the local
posted limits. Security vehicles are specifically prohibited from engaging
in pursuit driving and/or high-speed response to emergencies.
G. Uniforms of a design to closely resemble a police all Security Personnel
will wear uniform.
H. Reflective, adhesive stickers will be provided by the Contractor for
identification of vehicles of residents of the Duck Key Security District.
The contractor shall also make available to residents guard hours and
phone numbers for: guard, supervisors, sheriff's office and stickers for
telephones.
Article 4 - Scooe of Ooerations
The contractor will provide on-site security services on the following
schedule:
A. Daily 9:00 PM to 5:00 AM Monday through Friday, unless otherwise
agreed by the parties.
B. Friday, Saturday and Sunday 9:00 AM to 5:00 PM and 9:00 PM to 5:00
AM, unless otherwise agreed by the parties.
C. Holidays - Thanksgiving, Christmas, New Year's Day, Memorial Day, 4th
of July and Labor Day - 9:00 AM to 5:00 PM and 9:00 PM to 5:00 AM.
Approximately 80 hours per week (time and 112 for holidays).
D. A minimum o"f four- (4) drivt; through circuits of the entire Duck Key
Security District will be provided each eight- (8) hour shift.
E. Door checks of all unoccupied residences will be made at least once every
thirty- (30) days with a minimum of twenty (20) random door checks
provided each eight- (8) hour shift. All door checks will be noted in the
daily patrol report, unless otherwise agreed by the parties.
F. Daily patrol reports will be in duplicate. One copy to be retained by the
Contractor. One copy be provided to a designate of the Duck Key
Security District Advisory Board.
G. Security Personnel will be expected to report any unusual activity,
remove trespassers, quiet noisy parties, and direct emergency vehicle
and/or traffic and questions suspicious activity. Contact with the Sheriff's
office will be made anytime situations occur which, in the jUdgment of
Security Personnel, fall outside these outlines parameters, or when
obvious illegal activity has taken place.
H. Excess water usage notifications found at unoccupied residences will be
forwarded directly to the property owner by the Contractor.
1. Additional security services may from time to time be requested by the
Duck Key Security District Advisory Board. Any such additional security
requests shall be billed at the normal hourly rate as specified in the
contract.
The Duck Key Security District reserves the right to contract with other
vendors or agencies from time to time for additional security services (ie.
off-duty Sheriff's Deputies, Marine Patrol Officers or other private security
service providers). Individual residents of the Duck Key Security District
may also contract for additional security services directly with the
Contractor or any other vendor of their choice.
J. Security Personnel will not enter an unoccupied residence without an
accompanying Sheriff's Deputy.
Article 5 - Contract Documents
The Contract Documents which comprise the entire agreement between the
Owner and the Contractor consist of the following:
1. This Agreement
2. Request for Proposals
3. Non Collusion Affidavit
4. Insurance Documents
5. Sworn Statement under Ordinance No. 10-1990
6. Drug Free Workplace Form
There are no Contract Documents other than those listed above in this
Article. The Contract Documents may only be amended, modified or
supplemented as provided in the Request for Bid.
Article 6 - Miscellaneous
No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but without
the written consent of the party sought to be bound; and specifically but
without limitation moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated
to the contrary in any written consent to an assignment no assignment will
release or discharge the assignor from any duty of responsibility under the
Contract Documents.
Owner and Contractor each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors,
assigns and legal representatives in the respect of all covenants, agreements
and obligations contained in the Contract Documents.
Article 7 - Other Provisions
In cases of conflict within the described Contract Documents in Article 5 of
the Form of Agreement, the order of precedence shall be as follows:
1. This Agreement
2. Request for Bids
3. Scope of Operations
4. Specifications
Article 8 - Contract Price
The Owner shall pay the Contractor for security services as described in the
Form Agreement in current funds in the amount of Sixty One Thousand Four
Hundred and Eighty And 00/100 dollars ($61,480.00). Such sum is in
consideration of 4,240 hours of security services at an hourly rate of $14.50
per hour.
Article 9- Payment Procedures
The Contractor will submit a monthly invoice for security services provided
during the preceding month. Upon submittal of said invoice the Owner shall
pay the total amount invoiced as recommended by the Owner's designated
representative.
Article 10 - Indemnification and Hold Harmless Aqreement
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
occasioned by the negligence or other wrongful act or omission of the
Contractor's liability to indemnify employees, or agents. The Contractor's
liability to indemnify the County shall extend to intentional acts of the
Contractor. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this
agreement.
IN WITNESS WHEREOF, the Owner and Contractor has signed this
Agreement in triplicate, one counterpart each has been delivered to the
Owner, Contractor and the Duck Key Security District Advisory Board. All
portions of the Contract Documents have been signed or identified by the
Owner and Contractor.
This Agreement will be effective 12:01 AM, April 1st, 2001.
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
I .
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Witness
CONTRACTOR
SWORN STATENIENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
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or otherwise had act on his/its behalf any former County officer or employee in violation of
warrants that he/it has not employed, retained
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration-.pai 0
r
fOier County officcr or emPIOYe~~?
Date:
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STATE OF
COUNTY OF nl_~
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PERSONALLY APPEARED BEFORE ME, th~ undersigned authority,
~S1:-Pi~ )). kVV~"~A""') e.. .s;, who, after fIrst being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this
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OMB - MCP FORM #4
NON-COLLUSION AFFIDAVIT
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of the city
/-::- f. according to law on my oath, and under
penalty of perjury, depose and say that;
1) I am :::S:s e.. f h ---D. F e...lc.../V f+- rJ c.l Q. 5 , the bidder making the
Proposal for the project described as follows:
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2) The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
. to any matter relating to such prices with any other bidder or with any competitor,
3) Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be disclosed by
the bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor, and
4) No attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition;
5) The statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe cou~ret~on the truth of the statements contained in
this affidavit In awarding contracts for:d ) reject. ~
STATEOF f:::10K-; 04 //!,. t::!h~/ ~
Ignature of Bidder)
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COUNTY or )1')"T> tV R- ~
DATE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~<zr<. p 1.+ (). ft:1../)t ......,.~... c( 0..) who, after first being sworn by me, (name of
individual signing) aff~ his/her signature in the space provided above on this -
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U NOTARY PUBLIC
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. ' -8OCI.;J-NOT AHY Fla. Notary SOf'/lce & BondIng Co.
DRUG-FREE WORKPLACE FORM
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The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
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(Name of] usiness)
1. Publish a statement notifying employees that the unlawrul manuracture, distribution, dispensing,
possession, or use or a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees ror drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy or the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition or working on the
commodities or contractual services that are under bid, the employee will abide by the terms or the
statement and will notify the employer or any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law or the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Make a good faith errort to continue to maintaio' a drug-free workplace through implementation of this
section.
As the person autho
requirements.
OMB - MCP#5