Item D42
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19,2006
Division: Budget & Finance
Bulk Item: Yes l
No
Department: OMB
AGENDA ITEM WORDING:
Approval to extend the existing contract with Keys Security Inc. on a month-to-month basis, with the
new rate of $16.00 per hour, and approval to advertise for sealed bids for security patrols and services
to the Duck Key Security District.
ITEM BACKGROUND: Our existing agreement allows the County an option to renew the agreement
for two (2) additional one (1) year term, but the current contract does not allow for an increase thus this
has to be re-bid. Extending the contract on a month-to-month basis so the services will not be
interrupted is extremely important for the Duck Key residents.
PREVIOUS RELEVANT BOCC ACTION: On July 20, 2005, the BOCC approved a one (1)
year agreement for security patrols and services to the Duck Key Security District. On October
19, 2005, the BOCC approved an Addendum for services to the Duck Key Security District. On
November 16,2005, the BOCC approved Addendum Two for services to the Duck Key Security
District.
CONTRACT/AGREEMENT CHANGES: Extend agreement on a month-to-month basis, until
bid proposals can be obtained and a new contract is approved.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: Approx. $3,968 per month + $800 to adv. BUDGETED: Yes --X.- No _
COST TO COUNTY:
SOURCE OF FUNDS: Non Ad Valorem Spec. Assessment
REVENUE PRODUCING: Yes
AMOUNT PER MONTH Year
~B/purchaSing _ Risk Management
~
APPROVED BY: County Atty
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_
Not Required___
DISPOSITION:
AGENDA ITEM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Keys Security Inc. Contract # -
Effective Date: August I, 2006
Expiration Date: Month to Month
Contract Purpose/Description:
Extension of existing agreement on a month-to-month basis for security patrols and
services for the Duck Key Security District and to increase the hourly rate of$15.00 to
$16.00 per hour.
Contract Manager: Tina Boan 4472 OMB Stop # I
(Name) (Ext) (Department/Stop #)
for BOCC meeting on 7 II 9/06 Agenda Deadline: 7/5/06
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? Y es~
Grant: $
County Match: $
NoD
Approx.
$3,968 per
month
Account Codes:
Current Year Portion: $
152-04501-530340-
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg, maintenance, utilities, janitorial, salaries, ete.)
CONTRACT REVIEW
Date In
Division Director
Risk Manag~ent ,'-t
~1fJ
O.M.B./Purc 1asmg
Yes~oD
County Attorncy
OMS Form Revised 2/27/01 MCP #2
CONTRACT EXTENSION
THIS Extension, is made and entered into this 19th day of July 2006, between the
Monroe County Board of County Commissioners (COUNTY) and Keys Security Inc.
(CONTRACTOR).
WITNESSETH:
WHEREAS, the contract between the parties dated July 20,2005 will expire on July 31,
2006; and
WHEREAS, the parties desire to continue the services under the existing agreement with
the new rate of $16.00 per hour, on a month-to-month basis;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein,
the parties hereby agree to renew the existing agreement as follows:
I. Effective August I, 2006, the contract shall continue on a month-to-month basis.
2. To increase the hourly rate of $15.00 to $16.00 per hour.
3. In all other respects, the agreement entered July 20,2005, as amended October
19, 2005, as amended November 16, 2005 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be cxecuted in their
respective names.
ATTEST:
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY
Danny L. Kolhage
Clerk of the Circuit Court and
Ex-Officio Clerk of the Board of
County Commissioners
Mayor Charles"Sonny" McCoy
KEYS SECURITY INC.
BY
MONROE COUNTY ATTORNEY
APPROVED AS
ATTORNEY
2005 Edition
AND
Recognizing that the work governed by contract requires the use the Contractor,
prior to the commencement of work, shall obtain Vehide Liability Insurance. Coverage shan be
throughout life of the contract and include, as a minimum, liability coverage for:
..
Non-Owned,
Hired Vehicles
The
acceptable shaH
$100,000 Combined
split limits are
the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board County
policies issued to satisfY the above requirements.
as Additional Insured on
Administration
#4709,6
82
2005 Edition
as a
ill
<10
<II
<I> Injury
'10 Expanded Definition
limits acceptable shall
$300,000 Combined Single
(CSL)
split
are provided, the
limits acceptable shan be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence policy is
provisions should include coverage
In addition, the period for claims
(12) months following the
coverage IS
filed on or
be
by
on a Claims Made policy,
effective of this contract.
extend a minimum
be
as
on
GLl
#4709.6
50
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
November 23, 2005
TO:
Salvatore Zappulla, Director
Office of Management & Budget
Pamela G. Hanc~
Deputy Clerk
FROM:
At the November 16, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Addendum NO.2 to Contract between Monroe County and
Keys Security, Inc. for services to the Duck Key Security District.
Enclosed is a duplicate original of the above-mentioned for your handling, Should you
have any questions please feel free to contact our office.
cc: County Attorney
Finance
Filev'
ADDENDUM TWO
THIS ADDENDUM is entered into this I ih day ofNovember, 2005, between the
Monroe County Board of County Commissioners (COUNTY) and Keys Security, Inc.
(CONTRACTOR).
WHEREAS, on July 20, 2005, the parties entered into an agreement for security
services for the Duck Key Security District; and
WHEREAS, said contract contained incomplete and inconsistent provisions regarding
the billing rate; and
WHEREAS, said contract was amended October 19, 2005, to revise the payment allocation; and
WHEREAS, said contract needs to allow for additional payment in the months which contain thirty-
one (31) days; now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree
as follows:
1. Paragraph 3.A.2) of the agreement dated July 20, 2005, as amended October 19,2005,
shall be amended to read:
2) The invoice shall set forth the services provided in the preceding month, the number of
hours worked, including any additional services and hours provided pursuant to
request of the advisory board. The CONTRACTOR shall bill at the rate of$15,OO per
hour, with the maximum which can be paid per month under this agreement being
$3,720, even if the number of hours times the rate exceeds that amount:r =
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:z: 1> en
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2, In all other respects, the Agreement entered July 20,2005, shall remai~1 f~ ~
On' CO) C>
and effect. c:;o:::X: ::0
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-l ('") r- .:J:lIa ::Q
IN WITNESS WHEREOF, the parties have caused these presents to be e~~ in~eir ~
. r- C) .. 0
respective names. > rrt ~ ;0
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COD Y, FLORIDA
By:
'Sonny" McCoy
2005
KEYS SECURITY, INe.
g~
By:
Clerk of De
Circuit coun
Danny L Koll1age
Office (305) 295-3130 Fax (305) 295-3663
Memnrandum
To:
Sal Zappulla, Director
OMB
Attn:
Emie
Isabel C. DeSantis,' J])
Deputy Clerk Y
From:
Date:
Friday, November 04,2005
At the BOCC meeting on October 19, 2005, the fallowing was approved:
Addendum to Contract between Monroe County and Keys Security, lnc, for
services to. the Duck Key Security District.
Attached hereto is a duplicate original for your handling. Should you have any
questions concerning the above, please do not hesitate to contact this office,
cc: County Attorney
Finance
File
ADDENDUM
THIS ADDENDUM is entered into this 19th day of October, 2005, between the
Monroe County Board of County Commissioners (COUNTY) and Keys Security, Inc.
(CONTRACTOR).
WHEREAS, on July 20, 2005, the parties entered into an agreement for security
services for the Duck Key Security District; and
WHEREAS, said contract contained incomplete and inconsistent provisions regarding
the billing rate; now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree
as follows:
1. Paragraph 3.A.2) of the agreement dated July 20, 2005, shall be amended to read:
2) The invoice shall set forth the services provided in the preceding month, the number of
hours worked, including any additional services and hours provided pursuant to
request of the advisory board. The CONTRACTOR shall bill at the rate of$15.00 per
hour, with the maximum which can be paid per month under this agreement being
$3,640, even if the number of hours times the rate exceeds that amount
2. Paragraph 2.04 g) of the agreement dated July 20, 2005, shall be amended to read:
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 specified in paragraph 3.A.2) of the agreement.
3. In all other respects, the Agreement entered July 20,2005, shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
respective names.
Atter\.: · .. I fl...... ~.
By:~c..
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~i#>n~
,{F Mayor Dixie Spehar
KEYS SECURlTY, ING.
Clerk of 11Ie
Circuit coon
Danny L. Kolhage
Office (305) 295-3130 Fax (305) 295-3663
MEmorandum
To:
Dent Pierce, Director
Public Works Department
Attn:
Ann Riger
From:
. ~)!
Isabel C. DeSantis, Deputy Clerk jJc,.;'
Date:
Thursday, September 22, 2005
At the BOCC meeting on July 20,2005 the Board granted approved the following
item:
Contract between Monroe County and Keys Security, Inc, for $43,680 per
year/$3,640 per month for security patrols and services in the Duck Key Security District.
Enclosed is a fully executed duplicate original for your handling, Should you have
any questions concerning this matter, please do not hesitate to contact this office,
Copies: Finance
County Attorney
File
f'. \')
, . r
OWlO
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 Advi sory 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 parti es hereto, for the consideration hereinafter set
forth, mutually agree as foHow:
1. THE CONTRACT
The contract between the Owner and the Contractor, of which this agreement is a part,
consists of the contract documents, which are as follows: This agreement and any
amendments executed by the parties hereafter, together with all required insurance
documentation, the response to Request for Bid (RFB), and the RFB. In the event of a
discrepancy between the documents, precedence sha11 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 thc 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
services under this contract. The personnel shall not be employees of or have any
contractual relationship with the County.
2) All personnel engaged in perfom1ing 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 infonnation as may be required by the County. A
quarterly report shall be submitted to the County Administrator.
3) The Contractor shall retain all records pertaining to this contract for a period of five (5)
years after the termination of this contract.
4) The County, the Clerk, the State Auditor General, and agents thereof shall have access to
Contractor's books, records, and documents required by this contract for the purposes of
inspection or audit during normal business hours, at the Contractor's place(s) of business.
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 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 premium rate and additional time worked at
the request of the advisory board.
3) Upon receipt of the contractor's invoice in the proper fonn as stipulated above and upon
acceptance by the Clerk, Monroe County will make payment in accordance with the
Florida Prompt Payment Act, Florida Statute 218.7.
4. TERM OF CONTRACT
The term of this contract is for one year, commencing on the [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 thirty (30) days notice of its intent to renew.
5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully exarnined the security district for which
he shall provide services and has made investigations to fblly satisfy himself that such
site(s) is (arc) correct and suitahle f()r this work and he assumes flIlI 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 abJTees 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
tenns 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
tor 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 ofliability 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 WCI, GLl, GLS, GIR I, and
VLl, each 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
], INDEPENDENT CONTRACTOR
At all times and far 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 statemcnt 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 AGAfNST 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 thai discrimination has occurred, this
Agreement automatically terminates without any further action on the part ofany 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 ofrace, color or national origin; 2) Title IX
of the Education Amendment of 1972, as amended (20 USC S5. 1681-1683, and J685-1(86), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 use s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
USC ss. 6101- 6 J 07) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of J 972 (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-
6 J 6), 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 290ec-J), 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 use s, 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting
discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation
gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any ,
Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
9. ASSIGNMENT/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 contractor shall possess proper licenses to perform work in
accordance with these specifications 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 perfc)jmance of services required by this '
contract, as provided in Sect. 112311, et. scq., 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 1 1 2.3 1 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 finn, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting ITom 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 ITom 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
1100 Simonton Street
Key West, FL 33040
and
County Attorney
PO Box 1026
Key West, Fl. 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 viIiue of the County's exemption from paying sales tax to its
suppliers for materials used to nrlfiIl its obligations under this contmct, nor is the Contractor
authorized to use the County's Tax Exemption Number in securing such materials. The
Contractor shall be responsible for any and all taxes, or payments of withholding, related to
services rendered under this agreement
15. NON- WAIVER OF IMMUNITY. Notwithstanding he provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Contractor in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
16. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees
of any public agents or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents, volunteers,
or employees outside the territorial limits ofthe 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 Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent permitted by the Florida constitution, state statute, and case law.
18. TERMINATION
A. The County may terminate this contract ror 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 infonn, 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. ATTEST A TIONS. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
22. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or employee
of Monroe County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
23. EXECUTION IN COUNTERPARTS. 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 co unterparL
24. SECTION HEADTNGS_ 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
TN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date first written above in four (4) counterparts, each of which shaU, without proof or accounting
for the other c~)l1nterpatis, be deemed an original contract.
.,':>'
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(SEAit) .
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r-
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By: {~Jd >n ~~
Mayor/Chairman
.-)~,
Attesh:;pANNY L KOLHAGE, CLERK
d. ...... .. \(\ " . . '
By: \s;,~~QQ. . ~)i~~
Deputy Clerk -, -0 ~
(SEAL)
Attest:
By:
CONTRACTOR
By:
:5 J1
WITNESS
Title:
Title:
(J.,)",c. "'-
By:
WITNESS
Title:
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 graphic 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 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 ifno 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 agreernent 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 of the project which are
applicable during the performance of the work.
2.02.5 Compliance with Laws
The Contractor shall comply with all applicable laws and regulations of federal, state and local
governments.
2.03 SPECIFICATIONS
a) The Contractor must submit to the 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 dmg test.
The Duck Key Security District reserves 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 ofOlJI or DWL)
e) Security personnel are specifically prohibited from carrying weapons of any sort to include but not
be limited to firearms, batons (nightsticks,) stun guns and chemical weapons (i,e. Mace, pepper
spray, )
f) Security personnel do not have arrest or detention authority and must refrain from any action which
may jeopardize a "legal" arrest by qualified law enforcement officers,
g) Security vehicles (automobiles required) must be equipped with driver's side spotlight, amber
flashing light, distinct logo prominently displayed preferably indicating "Duck Key Security" as
allowed under present state licensing parameters, cellular telephone and two-way radio
communication equipment allowing immediate communication with the contractor's base station.
h) In no case shall security vehicles be operated at speeds beyond the local posted limits. Security
vehicles are specifically prohibited from engaging in pursuit driving and/or high-speed response to
emergencIes,
i) All security personnel will wear uniforms designed to closely resemble a police officer.
j) Reflective, adhcsivc stickers will be provided by the Contractor for identification of vehicles of
residents of the Duck Key Security District. The contractor shall also make guard hours and phone
numbers available to residents for: guard, supervisors, and sheriff s office, Contractors will
include telephone stickers with appropriate information to be available to all residents in the
distri ct.
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 traffie 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, OfT-duty Sheriff's Deputies, Marine Patrol Officers or other
private security providers,) Individual residents of the Duck Key Security District may also contract for
additional security services either directly with the contractor or with a vendor of their choice.
i) Security personnel will not enter an unoccupied residence without an accompanying Monroe County
Sheriff's Deputy.
j) Contractor to provide up to eight electronic check-in stations to be placed in mutually agreed locations
through out the 4 Residential Islands to be activated each time a circuit is made.
k) Patrol cars to display a sign "DUCK KEY SECURITY". Patrol cars to carry a first aid kit, throw able
personal floatation device with suitable length of rope, fire extinguisher and a key for shutting off
Aqueduct Authority residential water valve.
I) Either party may cancel the contract upon 30 days written notice.
DRUG-FREE WORKPIJACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
l, Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a conI
substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations 01
prohibition.
2. Infonn employees about the dangers of drug abuse in the worlc?lace, the business's policy of maintaining a drug-free worlq
any available drug counseling, rehabilitation, and employee aSSIstance programs, and the penalties that may be imposed
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 coutrae
services that are under bid, the employee will abide by the terms 0 f the s,tatement and will notify the employer of any conviction 0:
plea of guilty or nolo contendere to, any violation of Chapter 893 (Flonda Statutes) or of auy controlled substance law of the Un
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 sud
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 firm complies fully with the above requirements.
~
cJ
Bidder's Signature
~..JE. b)
Date
LOO---5-
GENERAL LIABILITY
INSURANCE REQUIREIHENTS
FOR
CONTRACT Duck Key Seeuri ty
1996 Edition
BETWEEN
JVIONROE COUNTY, FLORIDA
AND
Keys Seeur i ty, Ine_
Recognizing that the work governed by this contract involves providing of guards and other
security services on or off County ~roperty, the Contractor's General Liability In~urance policy
rnus~ extend to, <l?? be no less restn~l:1ve,.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 ]981,42 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 requirem ents.
GLS
AcJminis!r"live !nstructicn
#470'9,3
"VORKERS' COMPENSATION
INSURANCE REQUiREMENTS
FOR
CONTRACT: Patrol and Security Services
1996 Edition
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.
!n addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida 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 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 subm it updated financial statements from the fund upon
request from the County.
Administrative InstiLlclion- 25 -WC1
#4709.2
leu .nsureu anu AuureSS UI WILLIAM A U:,HW
02 CHRISTINE A LEIRD
WILLIAM A LEIRD
'COR USN RET
860 DOLPHIN DR
MARATHON FL 33050-2862
Cr/l)tfon of Veh Icle(sJ VEH USE *
fEAR TRADE NAME MODEl BODY TYPE ANNUAL IDENTIFICATION NUMBER SYM 1 I
01 PONTIAC FIREBIRD HBK 20 10000 2G2FS22K412119429 21 W
00 FORD FOCUS SE WAG 40 7000 1FAFP3637YW366044 13 P
'ehicle(s) described herein is principally garaged at the above address unless otherwise stated. '*W/I>Work/scboo,' B-B.siness: F~FarlD- p=
22
VERAGES LIMITS OF LIABILITY
(n ACVn MEANS ACTUAL CASH V AWE)
01
PREl
)oILY 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
JDILY INJURY
59.48
38.66
17.53
25.89
EA PER
EA ACC
- D - PHYSICAL DAMAGE
lMPREHENSIVE LOSS
lLLISION LOSS
ICREASED RENTAL
$
$ 100,00
COVERAGE
AC
ACV LESS
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
. PAYEE
22 KEYS FeU, KEY WEST FL
50FL(02) 508A(05)
----
. ,k'l",,_x:
Robert G, Davis
Attorney-in-Fact
0~;'~qf~JD~ lO.Ll
INSURANCE AGENT~S STA TEME.NT
r hav': rcview<::d the above requirements with the bidder named below, The foJ! )wing
dedu; ~ib\es 3.pply to the corresponding policy,
POLICY
DEDVCT! ~LES
/ ," / r /
. Lrt:'(I.!,n:i .' ~ /l b r (,1-;1----
00.
Lii'lb l1ty poEcie$ 1I-(e
)(
Occurrence
Clalms Made
---.. , . <'!" /j' /1
U4::L1--t!'..YJ-vt-}/ ,:f fit<:? (L.?~V7 .f!~u-.
" (
InJttnl1J(!e AgeDCY
- /J
"-:7,::. ___ ')
r:6IL/U /J'ZA 7----J-4~
Slgoatur : J
{!5~
BIDDERS STATEMENT
I unln,-ntand the insurance that will be mandatory if awarded the contract Ilnd :vill comply in full
witlll all the requirements,
I I
_~9.'
1 < .,> -
I~ ~U"-I l -f
--s " l~L~
'-Sign.tun ---
Bidder-
.i\.<imlniiJa:;ti::m li11ltrucllon
',,1'092
l1'cl:,CKLsr :is
SWORN STATEMENT UNDER ORDINANCE NO.1 0-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
Key IS Seeuri ty, Ine. warrants that he/it has not employed, retained or
otherwise had act on hishts 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 viol ation of this provision the County may, in its
discretion, terminate this contract without 1iabi 1ity 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 fonner County officer or employee.
. ~__ ~A
(SIgnature)
j:.~ ~ , 2.('\05
(Date)
STATEOF ~~o~~d!~
COUNTY OF kA (']1\ Q C>L
,
C\ PERSONALLY APPEARED BEFORE ME, the undersigned authority,
=::i'~(l'\ l ~ lQ ct who, after first being sworn by me, affixed his/her signature (name of
. .~
individual signing) in the space provided above on this L da of ,.
o
...,:~~~g,~ Michele '1: SeCOnt1ne
gW<:s \$>; ~CllftlmimfflJ # DD14'l1S88
g.;. '::$ Ezpires Sep. 4. am
~J."~ <.b 1lOllded 1bnI
~" l1F~~.... '.'--tic" llNroMn..ro.. ....-
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My commission expires:
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NON-COLLUSION AFFIDAVIT
I Simon Leird ofthe city of Marathon
a~cording to law on my oath, and under penalty of perjury, depose and say that:
L
lam
Simon Leird
of the firm of
Key's Sprllrity, Inc.
the bidder making the Proposal for the project described in the Notice for Calling for bids for:
SECURITY PATROLS AND SERVICES FnR DfTCK KEY SECURITY~
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
commurncation or agreement for the purpose of restricting competition, as to any matter relating t~
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
~ ."/,,1
t~/
(Signature of Bidder)
-
,) v"l~C- t., , Lo.:.'l Q s=
(Date)
STATE OF:
\==~L){LLD~
,~
Ll( Of\eCt€--
COUNTY OF:
PERSONA LLY APPEARED BEFORE ME, the nnde",",,,d authority, -~"-,_h u>&__
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided
f .,,,"-"- /~ r\L
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