Item C36BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 20,2006 Division : Budget & Finance
Bulk Item: Yes X No
Department: OMB
AGENDA ITEM WORDING:
Approval of an addendum three (3) to the contract with Keys Security Inc. for services to the Duck Key
Security District.
ITEM BACKGROUND: On July 20"' , 2005 Monroe County entered into an agreement for security
services, whereas the contract amount needs to be increased based on the number of days and hours
worked.
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:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $ 43.800
BUDGETED: Yes X No
COST TO COUNTY: $ 43,800 SOURCE OF FUNDS : Non Ad Valorem Spec. Assessment
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty 11 OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVA Sa&a6iw R 6ya
(Salvatore R. Zappulla)
DOCUMENTATION:
DISPOSITION:
Included X To Follow Not Required
AGENDA ITEM #
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Keys Security Inc.
Contract #
Effective Date:
August 1, 2005
Expiration Date:
July 31, 2006
Contract Purpose/Description:
Approval of an addendum three (3) to
the contract with Keys Security Inc. for services
to the Duck Key Security District.
Contract Manager: Tina Boan
4472
OMB Stop # 1
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on 9/20/06
Agenda Deadline: 9/5/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 43,800
Budgeted? Yes® No ❑ Account Codes
Grant: $
County Match: $
Current Year Portion: $ 36,480.00
152-04501-530340- -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed Rev were
Division Director Yes❑ No -''
Risk Manageme t Yes❑ No[] �e
O.M.B./Purchasing t Yes❑ No[:] -
County Attorney. f Yes❑ No0 — t1 t h
Comments:
OMB Forin Revised 2/27/01 MCP 92
ADDENDUM THREE
THIS ADDENDUM, is made and entered into this 201" day of September 2006,
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 was amended October 19, 2005, to revise the payment
allocation; and
WHEREAS, said contract was amended November 16, 2005 to allow payment in the
months which contain thirty-one (31) days; and
WHEREAS, said contract needs to be increased by $120.00; now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby
agree as follows:
1. Paragraph 3.A of the agreement dated July 20, 2005, as amended October 19,
2005, as amended November 16, 2005 shall be amended to read:
A. Payment under this agreement shall not exceed $43,800, and is subject to
annual appropriation by the County.
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 executed in their
respective names.
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
M
Danny L. Kolliage
Clerk of the Circuit Court and
Ex-Officio Clerk of the Board of
County Commissioners
MONROE COUNTY, FLORIDA
Mayor Charles"Sonny" McCoy
KEYS SECURITY INC.
MONROE COUNTY ATTORNEY
APPROVED AS TO
COUNTYATaEY
-
'& couNry C4, cUrQG�0 i
R�E cOUNTy4�
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGIiWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7I45
FAX (305) 289-1745 TEL. (305) 292-3550 FAX (305) 852-7146
FAX (305) 295-3660
DISALLOWED/QUESTIONED COSTS TRANSMITTAL MEMO
To:
From: i '
Dater - -
RE:
We have disallowed/questioned certain costs on the attached invoice for the following reasons:
Amount Not in accordance with County's Purchasing policy.
Amount V Not in compliance with Section '' of the corresponding contract.
Amount Not in compliance with Florida Statute 112.061 or County's travel policy.
Amount Missing, incomplete, or incorrect, supporting documentation.
Amount Insufficient budget.
Amount Invoice related deficiencies.
Amount Other.
Description below or attached is for clarification of requirements:
Additional information is required in order to process the above disallowed/questioned costs. For
further consideration of payment, please resubmit with new documents and authorizations.
TOTAL DISALLOWED AMOUNT -
MONROECOUNTY
BOARD OF COUNTY COMMISSIONERS
AUDIT SLIP
Vendor Name Keys Securitv Inc.
Invoice # 386 7
Invoice Date 8/4/06
Invoice Amount IL2Lc �O',
Fund / (Optional)
Cost Ctr Account # Project #
-04501 530340
Vendor Number 91053
(Optional)
Project Aect Amount
.00
Description (Opt) Ju106 Duck Key
ke-� To L
3,qao-ob
Description (Opt)
Description (Opt) _
Description (Opt)
Description (Opt)
I I
J—&+0_k %to4 4v fx"
a,W-ftV0,*q
J
3, 4
a� A
Review Signature ✓ Date 9
Approve to $1,000.00 Signature Date
$1,000.01 to $5,000.00 Signature Dated
$5,000.01 to $10,000.00 Signature Date
10,000.01 to $25,000.00 Signature Date
$25,000.01 & greater BOCC Approval
Notes: Only one invoice per audit slip, please!!
BOCC Depts. complete all areas.
Invoice #- must be the invoice number from the vendor's invoice.
Description is a 25-position field for additional information. OMB
7�
Printed 8/15/2006, 8:37:13 AM
AU(k' 2� 2,
DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: November 23, 2005
TO: Salvatore Zappulla, Director
Office ofManageme�/nj�t & Budget
FROM. Pamela G. Hand
Deputy Clerk
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
File✓
THIS ADDENDUM is entered into this 171h 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:
I . 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 $15.00 per
hour, with the maximum which can be paid per month under this agreement being
$3,720, even if the number of hours times the rate exceeds that amour a n
r=-
rqi�—� o
2. In all other respects, the Agreement entered July 20, 2005, shall remaiw.$xFol fcZe
CD
and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be e4cu i inheir
respective names. v c�
;ty
1
Jerk
November 16, 2005
BOARD OF COUNTY COMMISSIONERS
OF MONROE COU Y, FLORIDA
By:
Mayor' Charles 'Sonny" McCoy
KEYS SECURITY, INC.
By:_ g
MONROE COUNTY ATTORN
AP AS TO F
SU NNE A. HU ON
ASSI ANT Cgl}I�jy TT RNEY
Date �J`�/� a�
amolThe
circuit court Danny L. Koihage
Office, (305) 295-3130 Fax (305) 295-3663
To: Sal Zappulla, Director
OMB
Attn: I mie
From: Isabel C. DeSantis, ;/P
Deputy Clerk
Date: Friday, November 04, 2005
At the BOCC meeting on October 19, 2005, the following was approved:
Addendum to Contract between Monroe County and Keys Security, Inc. 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
THIS ADDENDUM is entered into this 19"' 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.
M WITNESS WHEREOF, the parties have caused these presents to be executed in their
respective names.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Atte t:
By: C,
Deputy Clerk Mayor Dixie Spehar
KEYS SECURITY, INC.
k� t
✓" n i�
r
Circuft court Danny L. Kolhage
Office (305) 295-3130 Fax (305) 295-3663
To: Dent Pierce, Director
Public Works Department
Attn: Ann Riger
From: Isabel C. DeSantis, Deputy Clerk
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
z 2U 015
o w�;3
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:
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 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.
1) 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 performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local law to
perform such services.
B. Contractor's Financial Records
1) 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 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 form 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 I" 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 examined the security district for which
he shall provide services and has made investigations to frilly satisfy himself that such
site(s) is (are) correct and suitable for this work and lie assumes full responsibility therefor_
The provisions of the Contract shall control any inconsistent provisions contained in the
specifications. All specifications have been read and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency for the work to be
done. Under no circumstances, conditions, or situations shall this Contract be more
strongly construed against the Owner than against the Contractor.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the
Owner, and his decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by the Owner of any of the services furnished by
the Contractor shall not operate as a waiver by the Owner of strict compliance with the
terms of this Contract, and specifications covering the services. Failure on the part of the
Contractor, immediately after Notice to Correct shall entitle the Owner, if it sees fit, to
correct the same and recover the reasonable cost of such replacement and/or repair from
the Contractor, who in any event shall be jointly and severally liable to the Owner for all
damage, loss, and expense caused to the Owner by reason of the Contractor's breach of
this Contract and/or his failure to comply strictly and in all things with this Contract and
with the specifications.
D. The Contractor agrees that the County Administrator may designate representatives to visit
the Contractor's facility(ies) periodically to conduct random open file evaluations during
the Contractor's normal business hours.
E. The Contractor has, and shall maintain throughout the term of this contract, appropriate
licenses and approvals required to conduct its business, and that it will at all times conduct
its business activities in a reputable manner. Proof of such licenses and approvals shall be
submitted to the County upon request.
6. HOLD HARMLESS AND INSURANCE
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board
of County Commissioners 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 WC I, GLI, GLS, GIR 1, and
VLI, 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
7. INDEPENDENT CONTRACTOR
At all tinges and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners of Monroe County.
No statement contained in this agreement shall he construed so as to find the Contractor or any
of his employees, contractors, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
8. ASSURANCE AGAINST DISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party, effective the date of the
court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX
of the Education Amendment of 1972, as amended (20 USC ss. 1691-1683, 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 V1II of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch_ 13, Art. VI, prohibiting
discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; and 1 1) 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.
l I _ DISCLOSURE AND CONFLICT OF INTEREST
A. Covenant Of No Interest. The Contractor represents that it, its directors, principles and
employees, presently have no interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services required by this
contract, as provided in Sect. 112.311, et. seq., Florida Statutes_
B. Code of Ethics. County agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
C. No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to
pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or violation of
the provision, the Contractor agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
12. NO CREDIT
The Contractor shall not pledge the County's credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The
Contractor further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this contract.
13. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered
or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to
the following:
FOR COUNTY
Monroe County Administrator and County Attorney
1 100 Simonton Street PO Box 1026
Key West, FL 33040 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 virtue of the County's exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this contract, nor is the Contractor
authorized to use the County's Tax Exemption Number in securing such materials. The
Contractor shall be responsible for any and all taxes, or payments of withholding, related to
services rendered under this agreement.
15. NON -WAIVER OF IMMUNITY. Notwithstanding he provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Contractor in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
16. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees
of any public agents or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents, volunteers,
or employees outside the territorial limits of the County.
17. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non -Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed
as, relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent permitted by the Florida constitution, state statute, and case law.
18. TERMINATION
A. The County may terminate this contract for cause with seven (7) days notice to the
Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform
the services enumerated as the Contractor's obligations under this contract.
B_ Either of the parties hereto may terminate this contract without cause by giving the other
party sixty (60) days written notice of its intention to do so.
19. GOVERNING LAWS VENUE.
This Agreement is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida. In the event of any
litigation, the prevailing party is entitled to attorney's fees and costs.
20. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
21. AJTESTATIONS. 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 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.
(S EAZ) "
BOARD OF COUNTY COMMISSIONERS
Attcsf; DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLOIDA
x m
By: r By:
Deputy Clerk -I Mayor /Chairman
(SEAL) CONTRACTOR
Attest:
By: By: - It -A
WITNESS
Title: Title:
By:
WITNESS
Title:
APp \J"E)
qq 3 U
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 Fonn, Non -Collusion Affidavit, Lobbying and
Conflict of Interest Clause, Drug Free Workplace) and the proposed contract documents
(including all addenda issued prior to receipt of responses).
Contract Documents - The bid documents, agreement, addenda (which pertain to the contract
documents), the Contractor's proposal or response (including documentation accompanying the
response and any post -response documentation submitted prior to the notice of award) when
attached as an exhibit to the agreement, these General Conditions, together with all amendments,
modifications, and supplements.
Contract Price - The moneys payable by the County to the Contractor under the contract
documents as stated in the agreement.
Contract Time - The Contract shall be in force and binding on the County and the Contractor for
a period of one (1) year from the effective date of the agreement.
Contractor - The person, firm, or corporation with whom the County has entered into the
agreement.
Effective Date of the Agreement - The date indicated in the agreement on which it becomes
effective, but if no such date is indicated it means the date on which the agreement is signed and
delivered by the last of the two parties to sign and deliver.
Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes
and/or orders.
Notice of Award - The written notice to the apparent successful 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 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 drug 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 of DUI 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, adhesive stickers will be provided by the Contractor for identification of vehicles of
residents of the Duck Key Security District. The contractor shall also make guard hours and phone
numbers available to residents for: guard, supervisors, and sheriff's office. Contractors will
include telephone stickers with appropriate information to be available to all residents in the
district.
2.04 SCOPE OF SERVICES
a) The Contractor will provide on -site security services on the following schedule:
Daily 9:00 PM to 5:00 A.M. seven (7) days per week unless otherwise agreed to by the parties.
b) A minimum of four (4) drive through circuits of the entire Duck Key Security on the four Residential
Islands will be provided for each eight (8) hour shift.
e) 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 Sheriff's office will be made anytime situations occur which, in the judgment of
security personnel, fall outside these parameters or when obvious illegal activity has taken place.
t) 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 Sheriff's Deputies, Marine Patrol Officers or other
private security providers.) hldividual 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.
1) Either party may cancel the contract upon 30 days written notice.
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that:
Keys Security, Inc.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a coi
substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations c
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free worl
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 (I)_
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contra
services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction c
plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the U.
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 suc
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.
• Cis
Bidder's Signature
Date
GENERAL, LIABILITY 1996 Edition
INSURANClE REQUIREMENTS
FOR
CONTRACT Duck Key Security
BETWEEN
MONROE COUNTY,
Inc.AND
Keys Security.,
Recognizing that the work governed by this contract involves providing of guards and other
security services on or off County property, the Contractor's General Liability Insurance policy
must extend to, and be no less restrictive, than an acceptable Law Enforcement Liability policy
specifically providing coverage for intentional acts, which coverage must include any violation
of the constitutional right of any person for darnages and attorney's fees under any one or more
of the following civil rights statutes. 42 USCA 1981, 42 USCA 1982,42 USCA 1983, 42 USCA
1985,42 USCA 1986 and 42 USCA 1988_
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Administrative !nstrilcUcn
#M709. 3
WORKERS' CORD PENSATION 1996 Edition
INSURANCE REQUIREMENTS
FOR
CONTRACT: Pair®I and Security Services
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 Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire tern 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- usurer, the
County shall recognize and honor the Contractor's stators. 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.
Admioistrative hest zsc era- 25 -VIC1
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AC'UND 25 (200 il�2)
C)ACORD CORPORATi0N 1088
Feu imsureu ana Acturess
WILLjAM A LEIRD
'.CDR USN RET
860 DOLPHIN DR
MARATHON FL 33050-2862
.EAR I TRADE NAME I MODEL
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PAYEE
22 KEYS FCU, KEY WEST FL
IRSEMENTS: ADDED 03-27-05 - A073(04) 5100FL(01)
,IN IN EFFECT(REFER TO PREVIOUS POLICY)- A143FL(01)
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11Nr,)3 VVHLHLUF, the Subscribers at UNITED SERVICES AUTOMOBILE ASSOjQ
Attorney -in -Fact on this date FEBRUARY 10, 2005
UNTERIIGNED BY ROBERT E. Hoy LA
have causedthesepresents to be signed by
, A Z-4-
Robert G. Davis
Attorney -in -Fact
TNS➢ RANCE t3►.do.IEPd TIS STATEMENT
I have: reviewed the above requirements With the bidder Ytacned bellow. :he fol! )wing
ded-,i; bIcs apply to the corce,,p011din9policy.
POL ICY
Liab- lily policies axe Occurrence
DEDUCT! 3lr ES
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Claims Made
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Insursoce Agency
i Sigoatur .
BIDDERS STATEMENT
the inAxaoce that will be mandatory if awarded the contract and Hilt comply in full
up all the requirements.
Bidder
ction li.1�C'�LgY ��
A.jMink; .,1ion i st eu -
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Aipatun
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETI-TICS CLAUSE
Key's Security, 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 employee_
(Signature
(Date)
STATE OF�()�
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
--who, after first being sworn by me, affixed his/her signaturen
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individual signing) in the space provided above on this t� day of
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NON -COLLUSION AFFIDAVIT
I Simon Leird of the city of Marathon _
according to law on my oath, and under penalty of perjury, depose and say that:
Iam Simon Leird
of the firm of Key' s Sectiri t-,r
the bidder making the Proposal for the project described in the Notice for Calling for bids for:
SECURITY PATROLS AND SERVICRS -F_Dg DU I KEY 5 R71TyD1S
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.
(Signature of Bidder) (Date)
STATE OF:��2�c _
'j.
COUNTY OF: ctt t-
PERSONALLY APPEARED BEFORE ME, the undersigned authority, _� .�C•,; � �
}
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided
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above on this day of �� 20_.
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