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Item C32 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 20, 2005 Division: Management Services Bulk Item: Yes L No Department: Administrative Services Department Contact: Tina Boan AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Keys Security Inc. for $43,680 per year/ $3,640 per month for Security Patrols and Services in the Duck Key Security District. ITEM BACKGROUND: Sealed bids for this service were opened on June 14,2005. The four responsive bids are as follows: Majestic Security & Investments @ $51, I OO/yr, Kemp Security International @$60,000/yr, Keys Security, Inc. @ $43,680/yr & Diamond Detective Agency, Inc. @ $58,335. I 4/yr. On June 22,2005 the Duck key Security Advisory Board met to consider the bids and voted to award the contract to Keys Security, Inc. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $43,680 BUDGETED: Yes ~No COST TO COUNTY:$43,680 SOURCE OF FUNDS: Non Ad Valorem Special Assessment REVENUE PRODUCING: Yes No l AMOUNT PER MONTH Year APPROVED BY: County Atty Sheila A. Barker DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included To Follow~ Not Required_____ DISPOSITION: AGENDA ITEM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Keys Security, Inc. Contract #_ Eftective Date: August 1,2005 Expiration Date: Contract Purpose/Desctiption: Security and patrol services for the Duck Key Security District Contract Manager: Tina Boan 4472 (Ext.) OMB/I (Department/Stop #) for BOCC meeting on 7/20105 Agenda Deadline: 7/5/05 CONTRACT COSTS Total Dollar Value of Contract: $ 43,680 Budgeted? YeslSJ No D Accou~t Codes: Grant: $ nJa County Match: $ nla Current Year POliion: $ 7,280 152-04501-530340-_-_ - - - ----- - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) - - - ----- CONTRACT REVIEW County Attorney Changes Date In Needed YesD NoD YesD NoD Date Out Reviewer Division Director Risk Management O.M.B./Purchasing YesD Comments: OM13 Form Revised 2/2710] Mep #2 CONTRACT THIS AGREEMENT, made and entered into this 20th day of July, 2005, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "Owner"), and Keys Security, Inc. (hereinafter called the "Contractor"). WHEREAS, The Duck Key Security Advisory Council is desirous of having a contractor for security patrols and services in the security district; and WHEREAS, The Monroe County Board of County Commissioners as the governing body is authorized to enter into contracts on the Advisory Board's behalf; and NOW THEREFORE, in consideration of the mutual covenants. and provisions contained herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1. THE CONTRACT The contract between the Owner and the Contractor, of which this agreement is a part, consists of the contract doeuments, which are as follows: This agreement and any amendments executed by the parties hereafter, together with all required insurance documentation, the response to Request for Bid (RFB), and the RFB. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 2. SCOPE OF THE WORK The Contractor shall provide Security and Patrols service in the Duck Key Security District for the County. The Contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. Staffing The Contractor shall maintain adequate staffing levels to provide the services required under the contract resulting from this RFB process according to attachment A. The Contractor shall provide the County with an annual report, and other statistical reports as are required by law. I) The Contractor shall provide at its own expense all necessary personnel to provide the serviees under this contract. The personnel shall not be employees of or have any contractual relationship with the County. 2) All personnel engaged in performing services under this contract shall be fully quali fied, and, if required, to be authorized or permitted under State and local law to perform such services. B. Contractor's Financial Records I) The Contractor shall maintain financial records in accordance with generally accepted accounting principles. 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 rcport shall be submitted to the County Administrator. 3) The Contractor shall retain all records pertaining to this contract for a period of five (5) years after the termination of this contract. 4) The County, the Clerk, the State Auditor General, and agents thereof shall have access to Contractor's books, records, and documents required by this contract for the purposes of inspection or audit during normal business hours, at the Contractor's place(s) of business. C. Public Records and Open Meeting Laws. The Contractor acknowledges the requirement, insofar as it may be deemed to be acting on behalf of the County, to comply, when applicable, with Florida public records and open meeting laws. 3. PAYMENTS TO THE CONTRACTOR A. Payment under this agreement shall not exceed $43,680, and is subject to annual appropriation by the County. 1) The contractor shall submit to the County a monthly invoice for services provided during the preceding month with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal offunds. 2) The invoice will include a record of employee time worked and will differentiate time worked at the normal rate, time worked at the premium rate and additional time worked 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 Florida Prompt Payment Aet, Florida Statute 2 I 8.7. 4. TERM OF CONTRACT The term of this contract is for one year, commeneing on the I st day of August, 2005, at 12:01 A.M. and ending on the 31 st day of July, 2006 at 12:01 A.M. County has the option of renewing this contract for two (2) additional one-year terms. County shall provide Contractor at least thiIty (30) days notice of its intent to renew. 5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the security district f()r which he shall provide services and has made investigations to fully satisfy himself that such site(s) is (arc) correct and suitable for this work and he assumes full responsibility therefor. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who in any event shall be jointly and severally liable to the Owner tor all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. D. The Contractor agrees that the County Administrator may designate representatives to visit the Contractor's facility(ies) periodically to conduct random open file evaluations during the Contractor's normal business hours. E. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the County upon request. 6. HOLD HARMLESS AND INSURANCE The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and the County Court of Monroe County from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms WC1, GLl, GLS, GIR I, and VL I, eaeh attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department 7. INDEPENDENT CONTRACTOR At all times and t()r all purposes under this agreement the Contractor is an independent contractor and not an employee ofthc Board of County Commissioners of Monroe County. No statcmcnt contained in this agreement shall be construed so as to find the Contractor or any of his employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 8. ASSURANCE AGAINST DISCRIMINATION County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: I) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 120 1 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and] ]) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary and pursuant to the recommendation of the County Court Administrative Judge. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 10. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contraetor shall possess proper licenses to perform work in accordance with these spccifications throughout the term of this contract. II. DISCLOSURE AND CONFLICT OF INTEREST A. Covenant Of No Interest. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. B. Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section I 12.3 I 3, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. C. No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 12. NO CREDIT The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 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 I I 00 Simonton Street Key West, FL 33040 and County Attorney PO Box 1026 Key West, PI. 33041-1026 FOR CONTRACTOR: Simon Leird, Keys Security, Inc 2860 Dolphin Drive Marathon, FL. 33050 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 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 matelials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 15. NON-WAIVER OF IMMUNITY. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the partieipation of the County and thc Contractor in this Agreemcnt and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision tor waiver. 16. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officcrs, 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 thc County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 17. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agrcement is not intended to, nor shall it be construed as, authorizing thc delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 18. TERMINATION A. The County may terminate this contract tor cause with seven (7) days notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B. Either of the parties hereto may terminate this contract without cause by giving the other party sixty (60) days written notice of its intention to do so. 19. GOVERNING LAWS, VENUE. This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. 20. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or bendits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 21. ATTESTATIONS. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a DlUg-Free Workplace Statement. 22. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 23. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 24. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: Deputy Clerk By: Mayor/Chairman (SEAL) Attest: By: CONTRACTOR WITNESS By: ~-~ Title: Title: O/~ J""I.:c.... By: WITNESS Title: i\jiONROE COUNTY ATTORNEY OVED AS T Attachment A 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 blTaphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding documents or the contract documents. Bidding Documents - The advertisement or invitation calling for qualifications, instructions, and forms contained in this Request for Bids (Response Form, Non-Collusion Affidavit, Lobbying and Conflict of Interest Clause, Drug Free Workplace) and the proposed contract documents (including all addenda issued prior to receipt of responses). Contract Documents - The bid documents, agreement, addenda (which pertain to the contract documents), the Contractor's proposal or response (including documentation accompanying the response and any post-response documentation submitted prior to the notice of award) when attached as an exhibit to the agreement, these General Conditions, together with all amendments, modifications, and supplements. Contract Price - The moneys payable by the County to the Contractor under the contract documents as stated in the agreement. Contract Time - The Contract shall be in force and binding on the County and the Contractor tor a period of one (I) year from the effective date of the agreement. Contractor - The person, firm, or corporation with whom the County has entered into the agreement. Effective Date of the Agreement - The date indicated in the agreement on which it becomes effective, but if no such date is indicated it means the date on which the agreement is signed and delivered by the last of the two parties to sign and deliver. Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award - The written notice to the apparent successful bidder stating that upon compliance by the apparent successful Respondent/Bidder with the conditions precedent enumerated therein, within the time specified, the County will sign and deliver the agreement. Owner - The Monroe County Board of Commissioners with whom the Contractor has entered into the agreement and for whom the work is to be provided. Specifications - Those portions of the contract documents consisting of written technical descriptions of materials and services required under the contract. Written Amendment - A written amendment of the contract documents, signed by the County and the Contractor on or after the effective date of the agreement. 2.02 CONTRACTOR'S RESPONSIBILITIES 2.02.1 Supervision and Personnel The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the contract documents. 2.02.2 Parts, Materials, and Equipment Unless otherwise specified in the contract, the Contractor shall furnish and assume full responsibility for all services, materials, equipment, labor, transportation, machinery, tools, and all other incidentals necessary for the completion of the work. 2.02.3 Records The Contractor shall record and maintain statistical data concerning the security patrols and services. Contractor shall be required to maintain records pertaining to the contract for five (5) years after the termination of the contract. 2.02.4 Taxes The Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by the Contractor in accordance with the laws and regulations of the place ofthe project which are applicable during the performance of the work. 2.02.5 Compliance with Laws The Contractor shall comply with all applicable laws and regulations of federal, state and local governments. 2.03 SPECIFICATIONS a) The Contractor must submit to the owner a copy of its Class "B" operating license as defined and required under Florida Statute 493. b) All security personnel must have a Class "D" license as defined and required under Florida Statute 493. c) Security personnel must be screened for drug usage via a standard pre-employment urine drug test. The Duck Key Security District rescrves the right to require periodic random drug testing of security personnel. d) An examination of each security person's driving record from every state where he or she has resided is required. A satisfactory driving record is required of all security personnel (not more than three tickets and/or accidents in the past five years and no instances ofDUI or OWL) e) Security personnel are specifically prohibited from carrying weapons of any sort to include but not be limited to firearms, batons (nightsticks,) stun f,JUns and chemical weapons (i.e. Mace, pepper spray.) t) Security personnel do not have arrest or detention authority and must refrain from any action which may jeopardize a "legal" arrest by qualified law entorcement officers. g) Security vehicles (automobiles required) must be equipped with driver's side spotlight, amber flashing light, distinct logo prominently displayed preferably indicating "Duck Key Security" as allowed under present state licensing parameters, cellular telephone and two-way radio communication equipment allowing immediate communication with the contractor's base station. h) In no case shall security vehicles be operated at speeds beyond the local posted limits. Security vehicles are specifically prohibited from engaging in pursuit driving aneVor high-speed response to emergencIes. i) All security personnel will wear uniforms designed to closely resemble a police officer. j) Ret1ective, adhesive stickers will be provided by the Contractor for identification of vehicles of residents of the Duck Key Security District. The contractor shall also make guard hours and phone numbers available to residents for: guard, supervisors, and sheriffs office. Contractors will include telephone stickers with appropriate information to be available to all residents in the district. 2.04 SCOPE OF SERVICES a) The Contractor will provide on-site security services on the following schedule: Daily 9:00 PM to 5:00 A.M. seven (7) days per week unless otherwise agreed to by the parties. b) A minimum of four (4) drive through circuits of the entire Duck Key Security on the four Residential Islands will be provided for each eight (8) hour shift. c) Up to 15 door checks per night only to residents requesting that such door checks be made. Door checks to be requested in writing. Address of door checks to be noted in daily report. d) Daily patrol reports made in duplicate, one copy will be delivered to a designee of the Duck Key Security Advisory Board and one copy to be retained by the Contractor. e) Security personnel will be expected to report any unusual activity, remove trespassers, quiet noisy parties, and direct emergency vehicle and/or traffic and question suspicious activity. Contact with the Monroe County Sheriffs office will be made anytime situations occur which, in the judgment of security personnel, fall outside these parameters or when obvious illegal activity has taken place. f) Excess water usage notifications found at unoccupied residences will be forwarded directly to the property owner by the contractor. g) Additional security services may from time to time be requested by the Duck Key Security District Advisory Board. Any such additional security services shall be billed at the normal hourly rate as specified in the contract. h) The Duck Key Security District reserves the right to contract with other vendors or agencies from time to time for additional security services (i.e. Off-duty Sheriffs Deputies, Marine Patrol Officers or other private security providers.) Individual residents of the Duck Key Security District may also contract for additional security services either directly with the contractor or with a vendor of their choice. i) Security personnel will not enter an unoccupied residence without an accompanying Monroe County Sheriffs Deputy. j) Contractor to provide up to eight electronic check-in stations to be placed in mutually agreed locations through out the 4 Residential Islands to be activated each time a circuit is made. k) Patrol cars to display a sign "DUCK KEY SECURITY". Patrol cars to cany a first aid kit, throw able personal floatation device with suitable length of rope, fire extinguisher and a key for shutting off Aqueduct Authority residential water valve. l) Either party may cancel the contract upon 30 days written notice. DRUG-FREE WORKPI.lACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a contra substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of s prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplc any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed ilJ employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractu services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, I plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the Unit( 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 available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this frrm complies fully with the above requirements. ~ c.../ Bidder's Signature ~~. fa I Date 2-00 S GENERAL LIABILITY INSURANCE REQUIREIVIENTS FOR CONTRACT Duck Key Securi ty 1996 Edition BETWEEN lVIONROE COUNTY, FLORIDA AND Keys Security, Inc. Recognizing that the work governed by this contract involves providing of guards and other security services on or off County property, the Contractor's General Liability Insurance policy mus~ extend to, ~c:I be no less rcstri~tive,.than an accep.table Law Enforc~ent Liability policy specIfically proVldmg coverage for mtentional acts, which coverage must mcIude any violation ofthe constitutional right of any person for damages and attorney's fees under anyone or more of the following civil rights statutes: 42 USCA 1981,42 USCA 1982,42 USCA 1983,42 USCA 1985, 42 USCA 1986 and 42 USCA 1988. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy thc above requirements. GLS f\clministrc1tiv8 instruction #4709.3 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Patrol and Security Services BETWEEN MONROE COUNTY, FLORIDA AND Keys Security, Inc. Prior to the commencement of work governed by this contract. the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Rorida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not Jess than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Deparbnent of labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's stabJs. The Contractor may be required to submit a letter of Authorization issued by the Department of labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition. the contractor may be required to submit updated financial statements from the fund upon request from the County. Administrative Instruction- 25 -WC1 #4709.2 "";U,I ,UU V...., _'lJ" ...............r ACORD,., CERTIFICA TE OF LIABILITY INSURANCE I OATE[II!FIlIOI>/YVYYI 06/06/2005 ptllOOllCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Universal Insurance Agency ONLY ANO CONFERS NO RJGHTS UPON THE CERTIFICATE 3115 Spring Glen Road - Suite 507 HOLDER. THIS CERTlFICATE DOES NOT AMEND, EXTEND OR ' Jacksonville FL 32207 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDlNG COVERAGE NAIC'II Il'/SWlED Payne Sanders & Associates, Ine If.lSURER A! Tudor Ins Co ItJSURER a: Professional InStlr3!'lce UlW Keys Security, Inc INSURER ::: 3715 Donald Ave INS lJ!1ER D: j Key West FL 33040-5633 INS 1/FiER E: COVERAGES "!liE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR T'HE POliCY PERIOO lNOICATED. NOTWITHSTANDING /\NY REQUIREMENT. TERM OR CONOITta-I OF ANY CONTRACT OR orneR DOCUMENT WITH RESPECT TO ~ICH THIS CSRrIFtCl\TE MAY 6E ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS, EXClUSIONS AMJ CONOfTlCNS OF SUO-t POLICIES. AGGREGAlE LIMITS SHOWN MAY HAVE BEEN REDUceo BY PAlO ClAIMS_ POUC'I NUMBER POLIC'&' EFfEC11\IE POUCY EXPlAA nON LIMITS ,"I> ~,., ~"EAAL I.lABlUrY EACH OCCURRl;NCE ~ 1,000,000 ~ ~MERClAI. GENERAlllllBLlrY PR€MISESIEa~1 s: 100,000 A Cl..AJMS MADE 00 OCCUR MED EXP (AJI,one """""'I J 1,000 PGL727900 09/05/2004 09/0512005 PERSONAL" IODV IN.AJRY J 1.000,QOO, ----i GENERALAGGru::GATE S 3.000 OOO! ~LAGCRn!UM'TAPPnSPER: P'ROOUCTS- COItPIOP AGG $ X F'OI..ICY ~ L.OC Fire Damage ~rOMOSlU!UAIIIUTY OOII48lNEO SINGlE U~'IT $ {Eaacddorot) - ANV AUTO - AU. OWNED AUTOS 900lL V IJ\UlJRY (par_n) S I-- SCHEDl.A.ED AllTCS >-- HtREOAUr05 BOOlL Y INJURY IP oncddlw.rl S ~ NON-OWNEO AVl'OS PROPERTYDIlMAGE S (PItr_1 I AUlO ONLY. e... ACCIDENT S RFlAGE UA8ILrrY ANY AUTO OTHER TJojAN EAACC $ AUTO 0Nl.. V, A(;G $ ~CE:SSlUMBRn.LAt.IAIlIUTV fACH oc::uRReNCE $ DCCIJR 0 ct.AJMS MI>OE AGGRl:GATE :$ " . b OEOUCTlEll.E $ $ I RETarooN $ $ . >:: we SrATtJ. [ /OJ.!:' WORKERS COMPENSAmN AND eMPlOYERS'LlI'BlUTV E.L. EAOiACCIOeNT $ 100 000 B MY PIlOPRlErO!lJPAJUNER/EXE(;lJllV1: WC07057731 08101/2004 08/01/2005 500 000 OfflCEf<lUEt.lBER EXClUOED1 E.LDISEIISE-EAEMPLOYEE' $: ~~6~~~~ E.L DlSEIISE- POliCY UMIT $ 100 nM! O'nlER OESO'UI'TION OF 0 "EM T1<lIII S' lCCA" 0 Iol$ 'VEHICLES' EXCL.LJSlO NS A 00 EO 8'f ENOORIiEME'NT I SPE<:IP.L PROII\SJONS 3052943125 File Copy CANCELLATlOt./ ~HOUl.O AN't' OF THE ABOve DE"SCRl8EDI'Ol..ICI€S BE CIUICELlED' IIEFOI'lE THE e)(PIRATIO~ ~TE mEREOF, THE IS$UlNG I14SU!'1ER WILL ENDEAVOR TO l.fAJl ~ DAYS WRm~ IIOTlCE TO THE Cl:RTIFlCArt HOl.OER !\/AUEO ro THE LEn. Bur "-"'lURE TO 00 so SliALL CERTifICATE HOLOER L~~_ }\CtlRD 25 (200'\/02) IMPOSE !.IO OSLIGArtOH OR LlMlJlfN OF ANY KINO UPOJ.l THE "ISURa<, ITS AClENTS OR REPRES TlVES. IttO REPRESS Nr ATlVE '~~I @ACORD CORPORATION 1988 I~U ,n::;urea ana Aooress VI WILLIAM A LtHW 02 CHRISTINE A LEIRD WILLIAM A LEIRD '.CDR USN RE T 860 DOLPHIN DR MARATHON FL 33050-2862 criptlon Of Veh Iclefs) VEH USE * WO fA~~~J?1 IDENTIFICATION NUMBER ^1i'< (EAR TRADE NAME MODEL BODY TYPE SYM n. Wi!! 01 PONTIAC FIREBIRD HBK 20 10000 2G2FS22K412119429 21 W 0; 00 FORD FOCUS SE WAG 40 7000 1FAFP3637YW366044 13 P lehicle(s) described herein is principally garaged at the above address unless otherwise stated.l*wlc"wOrk/scbool' B"Business- F-Farm- P~PI, 22 MARATHON FL 33050 2862 23 MARATHON FL 33050-2862 This policy provides ON,=- Y those. qoverages where a p'remium !S shown below. The limits shown may be reduced by policy provISIons and may not be combIned regardless of the number of vehicles for which a remium is listed unless s ecificall authorized elsewhere in this olic. VEH VEH VEH VEH VERAGES LIMITS OF LIABILITY 22 6-MONTH 23 6-MONTH ("ACV" MEANS ACTUAL CASH VALUE) D=DED D=DED PREMIUM PREM MOUN OUN $ $ 59.48 38.66 JDIL Y INJURY EA PER $ EA ACC $ ~OPERTY DAMAGE EA ACC $ - B - MEDICAL PAYMENTS EA PER $ 50,00 . B - PERSONAL INJURY PROTECTIO MAXIMUM BENEFITS $10,000 UNINSURED MOTORISTS STACKED JOLLY INJURY 17.53 25.89 EA PER $ EA ACC $ 100,00 . 0 - PHYSICAL DAMAGE COVERAGE lMPREHENSIVE LOSS AC lLLISION LOSS ACV LESS lCREASED RENTAL REIMBURSEMENT TOTAL PRE 34.96 76.74 120.94 18.0 SEE FO 23 ADDNL INTEREST - CO-OWNER CHRISTINE A LEIRD AND/OR MICHEAL HOGARTH, .RATHON, FL ENDT A073 APPLIES I PAYEE 22 KEYS FCU, KEY WEST FL 50FL(02) 508A(05) 0t;Gq/~~~~ l~.L: iNSURANCE AGENPS STATEMENT I hay!; reviewed the above reqlJirement~ with the bidder named belQw. The foJl )wing dedu; ~ib1es apply to the corresponding policy, POLICY DEDUCTI ~LES .,/ i' /'.1 . ~~:'.!::n'{.' !:::!..~! /'r-;I ____ II) C u () , Liab 11ty poEcies 1l{e L Occurrence Claims Made ...--.. I . ." Ii /)' /1 1-(1- " ~~-V-eA/J.-fJ-j')I,nt.:? {L/,//lA-V-:f .g 1<--<- , -' -/- { InJunnc~ Agency - /J '::7':;' I '" hz /7 ,/ ~ Ie:>!L/'.-+~ / ' .-1! -'-1..4~ l_ J..c.. SllJIIlltur : r.J BIDDERS STATEMENT I unlh..'TSlanO the insurance that will be mandatory if awarded the contract Ilnd 1,1111 comply in full witb aU the requirements. , I _Ir< 9.} } --- -- ,., - f~ ~vi"'--Il -1 Bidder ::$ ~ L~ , v _--- -Sign.tun Ad mlt\hH1ation liUltfuc lIOn '7,P091 l1'JSCKLST :is SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE Key IS Securi ty f Inc. 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 this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or ernployee. . ~ ~A (SIgnature) j:.~ ~ , ~noS (Date) STATEOF ~~O~~cQ~ COUNTY OF ~-A (}-n.Q0('_ , C\ PERSONALLY APPEARED BEFORE ME, the undersigned authority, =:i,4.o~\ l ~ lQ (t who, after first being sworn by me, affixed his/her signature (name of . .~ individual signing) in the space provided above on this L cia of " ",,'.,~vw/,~ Michele 1: 5econtiT'le ~m~ ~~C. . . #t\I'\'f~ !E~ ~ om~1.BIou uu"...~ ;:a.z ~~ Exp:in!s Sep. ~ am ';~ <.ft~ lIonded nn '-"'f OF~,...." ...._~~ _,,;.,..,... ,,_ It,""" lU1<1J.l..... ~................ ~ My commission expires: Olv1B Mep FORM 114 t'i , < I" 'J I 1,1 m H Iii ;-.;; in ~~.'; i-4 ~ ~ r;-i '--:' ~ ;V rn ::~U t.n AJ rTiC bf..t:J ~.. .......~ to t':' li$ ~ :;:" Ii ;.7y s: fTi ~ ~ C~ =<-tnt-t'"'1::t:: 1'-,...1' Xi re, I-t I=l m ~ V1 2)::> ...... -=i:r:. 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I am Simon Leird of the firm of Key's Sprllrjty, Inc. the bidder making the Proposal for the project described in the Notice for Calling for bids for: SECURITY PATROLS AND SERVH~F:S F'OR DrICK KEY S~YB-I-S-'P-;;- and that I executed the said proposal with full authority t do so: 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 b 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 County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. ~ .. '<oJ',} t__, (Signature of Bidder) - , ) , I ,L,L - (Date) L.. 2",'\ Q S- f - , STATE OF: \==~O{LLDR ,~ Lx.01\eCt€- COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, '~\l'\.("; '\ l \:.. l'~ (Q who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided \ j / . , .... ...^ /'/ -...' - ~ \".t' i /\ / ::.. <= Rrpires Sep. 4, 2006 - . ~ ~ ~,,--,~~. . .--" ..' '-- ~~,......... sf 1kmrled Thru NeTARY UBLIC ~oIlill')f~\~~ A!l.antic Bonding eo.. tnc. \ "" i f .. .", ,t .... ,\ L f /\'i" L ' My CommiSSion I~xplres: ,..~~~:lt.'_{'-I-i'Jt~\L,..,. Cl a , o Ul ~ n -+ o , (\) Ul I Ul (\) :::s o , 0- C -< (\) , co 0... o -0 (\) :::s (\) 0... co -< CIlH -+::r a (\) -+ , (\) (\) o 0- -+.-< Iln -(\) 3. ~ 0... -. c.:;t Cl-+ o ::r :::s a s. -+ n -+ ;~ o...Ul _. Qo Ul CIl a c -+ Ul , -0 C (\) (\) :::s a Q..:::s ~Q.. n <0 (\) , :::s , Q..(\) o n , -+ - n !i-i5 3. -< lO 0 Ul -+. . 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OlJ1-<o Z?=Jmo -lw)>o :cw;::Oo -0 -0 m m ;::0 ;::0 3: )> l....J m (f) -l ....... n (f) m n c ;::0 ~ >C:> ....... Z < m (f) -l 3: m Z -l (f) Z ......... )> OJ ....... o OJ o Z o -l o ~ r -0 ;::0 ....... n m ;::0 m (f) -0 o Z o m Z -l -4 f-I -4 r m (J) 0 )> m -0 0 n m 3: c z ...... ;::0 0 ~ )> (f) ~ -4-f,,-4 m c:;:::O -0 ..)> )> )> )>aJ~j ;;j -4 c: ::J: < o r-)>m r ~-f)> (I) (f) (f) .. t-I t-I m ~ goz~ (f) )>ZG)...... m 3:(I)O~ ;::0 I....J::J:'" (f) :5 cm;!:O n zmnm m m-fm-o (J) I-'- )> "-i:::> ;:::0 o '" -4 ;::0 N 3: O 0 m o Z c U1 -4 n ^ ^ m -< 05/25/2005 14:20 3057435040 KEVS SECURITY INC JUN-28-06 11,68 FRO",MOrR06 CO PURCHAB[NG OKB [0,3.52B24616 PAGE PAGE 02 11/2 i I i I I I I I i I I B. Con~~ctOt's F !~@jU RcwrQj 1) The Contractor shall maintain financial records in accordance with generally accepted acwuntina prill ;jplr:s. 2) The Contractor ~hall also record and maintain statistical data concerning the security patrols and serv l~. EUld iUch additionalfnfonnatioll u may be rcquiredby the COUrtty. A qWU1Crly report shall be submitted to the County Administrator. 3) The Contractor ;halJ retain all rec..ords pertaining to this contract for a period of five (5) yean after the t nnination of this contract. 4) The Count)'. the Clerk, thS State Auditor Gener,". and agents thereof shall hAvc &CecsIA to Contractor's bo- tks, recorda, and documents required by this contract for the purposes of . inapecrion or au jjt during nonnal business hours, at the Contractor's place(s) ofb~~~ C. ~lic Recordt au4 OPen Meeting Law*,. The Conn-acto) acknowledges the requirement. insofar as it may b", dClemed to be ac::tins. on behtUf of th I County, to comply, whon applicable) with Florida. public TCCQrds and ..' opon mcctinallws.. 3. "6 YMel'lT~ TO mE ~ONTRACTQR A. Pay.mcnt under his agreement shall not ex.ceed $43,680, ana j$ subject to annual ~ apprOpriation b) the CO\Ulty. 1) The contractor s: lall submit to the County a monthly inVOiCCl for services provided durin, the preccdini ml Inth with su.pportlns documentation acceptable to the Clerk. AcceptllbUfty to the Clerk is bl sed on generally accepted accounting principles arJd such laws. rulell and l'CSU)alions aa m IY govern. the Clorle's disbursal of f\.lJ'llb. 2) The invoice win include a record of employee time worked and win differcmtiatc time worked at the tlO mal rate~ time worked at the premium rate and additioD4l time worked at the requeat of tht advisory board. 3) Upon rocoipt ofl ite contractor's invoioe in th~ proper form $ stipulated above and upon acceptance by th I Clerk, Monroe County will roake payment in accordance with the Florida Prompt layment Ac~ Florida StAtute 218.7. 4. TERM OF CON' 'RAeT The term of this con! ract i5 for one year. commencing on the 15r day of August, 2005, at 12:01 A-M- and endina on he 31rn day of July) 2006 at 12:01 A.M. County lw the option of renewing this contra. ;t fOT two (2) additional one-yeqr tenus. County shalt provide Contractor at least thirty (SO) cia (s notice of its intent to ren~. 5. CONTBAQIQ1.'S A~CEPTANCE OF CONDlTJONS. A. The Contractor h ~by agrees that he has carefully examined the security district for which he: shaU proviat'l services and has made investisations to fully Ijatisfy hi~~~f that such site(s.) b (are) COl rect and suitable fOT this work and he as&umes full responslblhty therefor. OS/25/2005 14:20 3057435040 KEYS SECURITY INC ~UN-~~-W~II'b~ ~~UM'MorROS co PURCHA61NG OHa ID.30~~S~461G PAGE 01 PAGE 12/2 I I B. Code of Ethic~. County agrees that officers and employees of tho County recognize and wj)~ be roq~ired to comply with the standards of conduct for public officC)rs and employees M dehnebted 10 Secll)11 111.3 t 3. Florida SlaNtes. regarding. but not limited tl). ~olicitation Ol' acc~tance of gifts doing busines!l with ono'g ~gency; unauthorized compensation; misuse of pubhc posit.ion, co lt1icting employment or contractual relationship; Qnd disclosure or use of certain infonnatiofl C. No Solicitation Payment. The County and ContrfCCtOI* warr/Ult that. in resptlCt to iuelf, it has neither emplo) 3d nor retained any company or person. other than a bona fide employee working solely for it, to solicit or secure this Agreement md that it hag not paid or agreed to pay amy petso~ Ct npany, corporation. individual, or finn. other than a bona fide employee working solely for t, any fc:c. conmu~!lion, percentage, gift, or other consideration contingent upon or resulting fi Jm the award or moking of this Agreement. For the breach or violation of the provision, the :ontmctor agrees that the County shall have the rieht to terminztte thig Agreement without liability and. at itS discrt;tion. to offset from monies owed, or otherwilie recover) the full om )oot of such fee, commission, percentage, gift. or consideratiQn. 12. NOC~PIT The Contractor shal not pl~i~ the County's credit or make it a gUa:r~tOf of payment or surety for any conn. .ct, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further \l arrants and represents th8t it has no obligation or indebtedness that would impair it$ 4bility to . \1lfiU the tenus of this contract. 13. ~OTICE~LlREMENT Any noti~c: required Of pennittc::d under this agreement shall be in writing and hand delivered or m"iled, postllae p 'epaid, to the other pwty by certified mail, retUrned rccoipt r~uested. to the': following: . FOR COUNTY Monroe County \dministrator 1100 Simonton ~ ~t Key West..PL 3 i040 . lUld County Attorney PO Box 1026 Key West. Fl. 33041.1026 FOR. CONTRA( TOR: . ~monLei~. O~ _ Keys Secunty. IT CUr c..--- 2860 Dolphin D1 .ve ~aNUhon,FL.3:050 14. lA~~~ The County is cxcn: f)t rrOln: payment of Florida State Snle~ and U&& tax~. The CoPtrflct~r shall not be e"emp cd by virtue of the County'& exemption from paYIng sales tax to Its suppliers fClf matbria s used to fulfill its obligations llfldcr t~is conn:at-i. nor is the ~ontraotor authoriz-Cld to use tl' e Count:>"s Tex. Exemption Number III geCUttng such matenals. The ContrlW1oT shall 1>e I :lsponsible for any and ~l taxes, or payments of withhOlding. related t.:> S>(':IrviCd rcndorcd.uruer this asreetnent.