Item C39BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October. 21, 2009 Division: County Administrator
Bulk Item: Yes X No Department: OMB
Staff Contact: Ernie Coughlin X4315
AGENDA ITEM WORDING:
Approval to extend the existing contract with Keys Security Inc. on a month -to -month basis, with the
same 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., and both renewal options ran out. Thus the need of extending
the contract on a month -to -month basis until bid proposals can be obtained, so security services for the
Duck Key residents will not be interrupted.
PREVIOUS RELEVANT BOCC ACTION: On November 15, 2006, the BOCC approved a one
(1) year agreement for security patrols and services to the Duck Key Security District. On
November 14, 2007, the BOCC approved the first renewal agreement. On October 15, 2008 the
BOCC approved the second renewal agreement 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 _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Att J�/P—UrchasingRisk Mana ement
�-- g
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: November 1, 2009
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 Securit
District with the hourly rate of $16.00 per hour.
Contract Manager: Ernie Coughlin
4315 OMB Stop # 1
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 10/21/09
Agenda Deadline: 10/6/09
CONTRACT COSTS
Total Dollar Value of Contract: $ Approx. Current Year Portion: $
$3,968 per
Budgeted? Yes® No ❑ Account Codes: 152-04501-530340- -
Grant:
County Match:
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes
D e},,n
Needed Revi er
Division Director
lel&Z '
Yes❑ No ��
Risk Management
��
Yes❑ No,�
O.M.B./P=haling
Yes❑ No❑21 �--
�
County Attorney
Yes❑ No❑
Comments:
Date Out
.Iivia> rviut 1\cvtJGUG/L//V1 1v1%-r ff/-
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Keys Security Inc.
Contract #
Effective Date: November 1, 2009
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 with the hourly rate of $16.00 er hour.
Contract Manager: Ernie Coughlin
4315 OMB Stop # 1
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 10/21/09
Agenda Deadline: 10/6/09
CONTRACT COSTS
Total Dollar Value of Contract: $ Approx. Current Year Portion: $
$3,968 per
-- --
Budgeted? Yes® No ❑ Account Codes: 152-04501-530340-_
Grant: $ - - -
County Match:
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, jan_
CONTRACT REVIEW
etc.
Changes Date Out
Date In
Needed Reviewer
Division Director
Yes❑ No❑
Risk Management
Yes❑ No❑
O.M.B./Purchasing
It
Yes❑ No❑
County Attorney 10
Yes❑ No(]j�
I Comments:
JMB Form Revised 2Z27/01 MCP #2
CONTRACT EXTENSION
THIS Extension, is made and entered into this 21 st day of October 2009, A.D., by and
between the MONROE COUNTY, FLORIDA, (hereinafter sometimes called the
"County"), and Keys Security Inc. (hereinafter called the "Contractor").
WITNESSETH:
WHEREAS, the second and final renewal agreement between the parties dated October
15`h , 2008 will expire on October 31st , 2009; and
WHEREAS, the parties desire to continue the services under the existing agreement with
the same rate of $16.00 per hour, on a month -to -month basis until bid proposals can be
obtained;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein,
the parties hereby agree to renew the existing agreement as follows:
1. Effective November 1, 2009, the contract shall continue on a month -to -month
basis.
2. In all other respects, the agreement entered November 15, 2006, as the first
renewal agreement entered November 14, 2007, as the second renewal agreement
entered October 15, 2008 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
respective names.
ATTEST:
Danny L. Kolhage
Clerk of the Circuit Court and
Ex-Officio Clerk of the Board of
County Commissioners
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
IM
IM
Mayor George Neugent
KEYS SECURITY INC.
MONROE COUNTY ATTORNEY!
PRR Ea AS TO FORM:
CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date 44 q
SECOND RENEWAL AGREEMENT
THIS AGREEMENT, made and entered into this 15`h day of October 2008, A.D., by and
between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "County"),
and Keys Security Inc. (hereinafter called the "Contractor').
WHEREAS, on November 15t' , 2006, the parties entered into a one (1) year agreement
for security patrols and services for the Duck Key Security District, commencing on the
1" day of November, 2006 and ending on the 31 sc of October, 2007. The County has an
option of renewing this contract for two (2) additional one (1) year terms; and
WHEREAS, the first renewal agreement expires on October 31 s`, 2008 and both parties
desire to renew the original agreement for one additional year; this being the second and
final renewal,
NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein,
the parties hereby agree to renew the existing agreement as follows:
1. In accordance with Paragraph 4 of the 2006 agreement, the County hereby
exercises it's option to renew the agreement for additional one-year term
beginning November 1, 2008 and ending October 31, 2009.
2. In all other respects, the agreement entered November 15, 2006 shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
respective -names.
AfT T:
Danny L. kolhage
Clerk of the Circuit Court and
Ex-Officio Clerk of the Board of
County Commissioners
MONROE OOUN,,, v A flRNE
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY
Mayor Mario Di Gennaro
KEYS SECURITY INC.
BY :5-,—`
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: November 16, 2007
TO: Tina Boan, Acting
Budget Director
FROM: Isabel C. DeSantis
Deputy Clerk
At the November 14, 2007 BOCC Meeting, the Board approved the following:
First Renewal Agreement with Keys Security Inc. for an amount not to exceed
$60,000.00 per year at the rate of $16.00 per hour for Security Patrols and Services in the Duck
Key Security District.
Attached hereto is a duplicate original of the above -mentioned for your handling. Thanks.
cc: County Attorney
Finance
File
0013
FIRST RENEWAL AGREEMENT
THIS AGREEMENT, made and entered into this 141h day of November 2007, A.D., by
and between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the
"County"), and Keys Security Inc. (hereinafter called the "Contractor").
WHEREAS, on November 15th , 2006, the parties entered into a one (1) year agreement
for security patrols and services for the Duck Key Security District , commencing on the
1st day of November, 2006 and ending on the 31 St of October, 2007. The County has an
option of renewing this contract for two (2) additional one (1) year terms; and
WHEREAS, the agreement still has one option for an additional one year term; and
NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein,
the parties hereby agree to renew the existing agreement as follows:
1. In accordance with Paragraph 4 of the 2006 agreement, the County hereby
exercises it's option to renew the agreement for additional one-year term
beginning November 1, 2007 and ending October 31, 2008.
2. In all other respects, the agreement entered November 15, 2006 shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
respective names.
ATTEST:-,Q, Li C
j
Danny L. Kolhage
Clerk of the Circuit Court and
Ex-Officio Clerk of the Board of
County Commissioners
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY
Mayor Cha le "Sonny" McCoy
KEYS SECURITY INC.
BY
_ ::5=, LAI
MONROE COUNT`! ATT RN
A� . _ =C AS
L17AN .E . HU : , ON
OJNTMY� �
Date
DANNY L. KOLHAGE ,r {`
CLERK OF THE CIRCUIT COURT
DATE: December 21, 2006
TO: Salvatore Zappulla, Director
Office ofManagement & Budget
ATTN. Tina Boan
Budget Director
FROM. • Pamela G. Hancock
Deputy Clerk
At the November 15, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Contract between Monroe County and Keys Security Inc.,
for an amount not to exceed $60,000.00 per year at the rate of $16.00 per hour for Security
Patrols and Services in 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
CONTRACT
THIS AGREEMENT, made and entered into this 151h day of November 2006, A.D., by
and between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "County"), 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
of County is authorized to enter into contracts on the Advisory Board's behalf; and
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set
forth, mutually agree as follow:
1. THE CONTRACT
The contract between the County 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, including but not limited to, the general terms, and conditions in
Section 2. In the event of a discrepancy between the documents, those most favorable to the
County shall prevail.
2. SCOPE OF THE WORK
The contractor shall provide Security and Patrols service as described in Attachment A in the Duck
Key Security District for the County. Additional security services shall be provided by the
contractor which may from time to time be requested by the Duck Key Security District Advisory
Board. Any such additional security services shall be billed at the normal hourly rate specified in
paragraph 3.A. The District Board will document the authorization for additional hours in writing
and said documentation shall be submitted by Contractor with the relevant invoices. The contractor
warrants that it is authorized by law to engage in the performance of the activities 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.
The Contractor shall provide at its own expense all necessary personnel to provide the
services under this contract. The personnel shall not be employees of, or have any
contractual relationship, with the County or the Duck Key Security District. All personnel
engaged in performing services under this contract shall be fully qualified, and authorized
or permitted under State and local law to perform such services.
B. Contractor's Records
1) The contractor shall maintain financial records in accordance with generally accepted
accounting principles. An annual financial report audited and certified by a licensed
Certified Public Accountant shall be provided to the County Clerk within one hundred
twenty (120) days following the close of the Contractor's fiscal year. The certified
financial report shall be in such detail as to disclose the revenues, expenses, and
disbursements relating to the services provided under this contract. Notes to the Financial
statements shall disclose noncompliance with the requirements of this contract concerning
conflict of interests.
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.
3. PAYMENTS TO THE CONTRACTOR
A. The contract is for $46,720.00 based on the number of hours worked at the rate of $16.00 per
hour. Contractor shall be compensated for those additional hours required by the District Board
and which are within the annual budget of this contract; the total of all payments, including the
routine security and the additional hours shall not exceed $60,000.00. Monroe County's
performance and obligation to pay under the contract is contingent upon an annual appropriation
by the BOCC.
1) The contractor shall submit to the County a monthly invoice for services provided during the
preceding month with supporting documentation acceptable to the Clerk. Acceptability to the
Clerk is based on generally accepted accounting principles and such laws, rules and regulations
as may govern the Clerk's disbursal of funds.
2) The invoice will include a record of employee time worked and will differentiate time worked
at the normal rate, time worked at the additional services rate at the request of the advisory
board.
3) Upon receipt of the contractor's invoice in the proper form as stipulated above and upon
acceptance by the Clerk, Monroe County will make payment in accordance with the Local
Government Prompt Payment Act.
4. TERM OF CONTRACT
2
The term of this contract is for one year, commencing on November 1, 2006, at 12:01 A.M. for a term
of one year. 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. The
Contract amount agreed to herein shall be adjusted annually in accordance with the percentage change
in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve
months available.
5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the security district for which he
shall provide services and has made investigations to fully satisfy himself that such site(s) is
(are) correct and suitable for this work and he assumes full responsibility therefore. 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 first ten dollars ($10.00) of
remuneration is consideration for the indemnification provided above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement. This provision shall survive the cancellation or
termination of this Agreement.
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance as
required in the Request for Bid. All insurance shall be from companies licensed to do business in the
State of Florida and having an A.M. rating of VI or better. The insurance shall be maintained during
the term of the contact. Monroe County shall be listed as an additional insured on the General
Liability And Vehicle policies.
7. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent contractor and
not an employee of the Board of County Commissioners of Monroe County. No statement contained
in this agreement shall be construed so as to find the Contractor or any of his employees, contractors,
servants, or agents to be employees of the Board of County Commissioners of Monroe County.
8. ASSURANCE AGAINST DISCRIMINATION
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 or race, color or national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex: 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42USC ss. 6101-6107) which prohibits discrimination of the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255) as amended, relating to nondiscrimination of 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 patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act
of 1990 (42 USC s. 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 to the parties to, or the subject matter of, this Agreement.
9. ASSIGNMENT
n
W
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.
11. 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.
1212.311, 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, individuals, 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, of
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
1100 Simonton Street
Key West, FL 33040
FOR CONTRACTOR:
Simon Leird
Keys Security Inc.
2860 Dolphin Drive
Marathon, FL. 33050
14. TAXES
and County Attorney
PO Box 1026
Key West, FL 33041-1026
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 the provisions of Sec. 768.28, Florida Statutes, the participation of the County and
the Contractor in this agreement and the acquisition of any commercial liability insurance coverage,
self-insurance coverage, or local government liability insurance pool 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 function and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
3
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. This Agreement is not subject to arbitration. Mediation shall
be held according to the rules prescribed by the 16th Judicial Circuit, Monroe County, Florida.
20. NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the County nor
the Contractor or any agent, officer, or employee of either shall have the authority to inform counsel,
or otherwise indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the
community in general or for the purposes contemplated in this Agreement.
21. ATTESTATIONS
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.
7
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 signing any such counterpart.
24. ACCESS TO RECORDS
The Contractor and County shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the Contractor and County in
connection with this Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Contractor.
25. 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 the Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for the
other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. OLHAGE, CLERK
By:
eputy Clerk
(SEAL)
Attest:
By: _
Title:
By: _
Title:
WITNESS
WITNESS
0
BOARD OF COUNTY C MMISSIONERS
OF RO1r Y, FLO IDA
By:
Mayor/Chairman
CONTRACTOR
By:
Title:GJ
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
SU N M. GRIMSL
ASSISTANT COUNTY ATTORNEY
Date - --2 y- oc
ATTACHMENT A
1. Specifications
The Contractor must submit to the owner a copy of its Class "B" operating license as defined and
required under Florida Statute 493.
All security personnel must have a class "D" license as defined and required under Florida Statute
493.
Security personnel must be screened for drug usage via a standard pre -employment urine drug test.
The Owner and Duck Key Security District reserves the right to require periodic random drug
testing of security personnel.
An examination of each security person's driving record from every state where he or she has
resided is required. A satisfactory driving record is required of all security personnel (not more
than three tickets and /or accidents in the past five years and no instances of DUI or DWI).
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).
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.
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.
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.
All security personnel will wear uniforms designed to closely resemble a police officer.
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 sheriffs office. Contractors will include
telephone stickers with appropriate information to be available to all residents in the district.
2. Scope of Services
The Contractor will provide on -site security services on the following schedule:
0
Daily 9:00 P.M. to 5:00 A.M. seven (7) days per week unless otherwise agreed to by the parties.
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.
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.
Daily patrol reports made in duplicate, one copy will be delivered to a designee of the Duck Key
Security Advisory Board and copy to be retained by the Contractor.
Security personnel will be expected to report any unusual activity, remove trespassers, quite 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 when obvious legal activity has taken place.
Excess water usage notifications found at an unoccupied residences will be forwarded directly to
the property owner by the contractor.
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.
The Duck Key Security District reserves the right to contract with other vendors or agencies from
time to time for additional security services (i.e. Off -duty Sheriff's Deputies, Marine Patrol
Officers or other private security providers). Individual residents of the Duck Key Security District
may also contract for additional security services either directly with the contractor or within a
vendor of their choice.
Security personnel will not enter an unoccupied residence without an accompanying Monroe
County Sheriff's Deputy.
Contractor to provide up to eight electronic check -in stations to be placed in mutually agreed
locations throughout the four (4) residential islands to be activated each time a circuit is made.
Patrol cars to display a sign "Duck Key Security". Patrol cars to carry a first aid kit, "throwable"
personal floatation device with suitable length of rope, fire extinguisher and a key for shutting off
Aqueduct Authority residential water valve.
Either party may cancel the contract upon sixty (60) days written notice.
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RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COA1MISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
SECURITY PATROLS AND SERVICES
BID FORM
The undersigned, duly authorized to submit this bid on behalf of the bidding entity, hereby
proposes to provide the services specified in the Duck Key Security District Security Patrols and
Services Request for Bids, Specifications and Scope of Services, as outlined therein in Sections
2.03 and 2.04, for P'6 Ma —?A"
The sum of $ I
I LC". `y— per year, to be paid in i. Z installments of $ ? , each -
AT 3 i6c,;a f4o4:z
DATED: "I L
W' esses (signatures oft renuired):
I acknowledge receipt of Addenda No.(s)
Signature:
Print Name: ,.,�„; �,•z
Title:
I have included:
Bid Form /
Drug Free Workplace Form
Insurance Agent's (or RespondentBidder's)Statement
Lobbying and Conflict of Interest Clause
Non -Collusion Affidavit /
In addition, I have included a current copy of the following professional and occupational
licenses:
Check mark items above, as a reminder that they are included.)
Mailing Address: . h--,o �, l,.i k Telephone:. ` .S
,i r,,-A-ii vu �� .�3_ :�_ Fax: `N'.- <�a
36
Signed: f�
(Name)
(Title)
37
r�1`il� Date:
(Seal)
r,.,o
`�YP(jri4 MI[hP1.2'LS2COIItI�.e
34ig C0 w1
A. AFF Banded Um
Nr rtOMu��, ABC BanftgCo lm
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 controlled
substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplacc.
any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon
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 contractual
services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or polo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such it
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.
Bidder's Signature
'a - 5 , o t.-
Date
B3l83J2&85 12:8Q 3357435848 -
k-EYS SECURITY IAC
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Univeraai Siss_ agency ��
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d ;emntrrae list WN is m*mdokwy if xww dW nbe coub ct a aE W10 mWjy is tuft
xeys 5ec=i.ty Isr. •
McgLST
36
PASEZ 81
1 -d TUa.�aac,a.nr
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY FLORIDA
ETHICS CLAUSE
MS SECURITY , INC . Iwarrants 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.
(Sim)
STATE OF FLORIDA
PONALLY APPEARED BEFORE ME, the undersigned authority,
�rif ih,& w<<ircf who, after first being sworn by me, affixed his/her signature (name of
individual signing) in the space provided above on this sS day of _ r%arc,! 20 4 V1
4'".=:` OMWOPHM B. WM DEW; NOTARY PUBLIC
* * MY.00MMm4MtCC959830
FxPtflES:August 9,2004 My commission expires: O
a''1opa! BWAee iku BudgN Naar services: IF
OMB - MCP FORM #4
38
NON -COLLUSION AFFIDAVIT
I,_Chrictine A L irA ofthecityof Mnx:at-hnn,F10_ric9a
according to law on my oath, and under penalty of perjury, depose and say that:
1_
ofthefirmof Keys Security Inc
the bidder making the Proposal for the project described in the Notice for Calling for bids for.
Spni city patrol c & apr1r_ r-cc in i)tin]c Rev Spn»ri t V n--t
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 manor relating to
such prices with any other bidder or with any competitor,
3. unless otherwise requited 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, direly 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 -fun knowledge that
Monroe County relies upon the truth of the statements contained in this afiidavit*in awarding contracts
for said project.
t "
Kt ...GQ
(Signature of Bidder)
STATE OF: ELORIDA
COUNTY OF: MONROE
PERSONALLY APPEARED BEFORE ME, the undersigned authori
?
,� • 5 • r.> a
(Dam)
who, after first being sworn by Ame-(name ing) of individual signaffixed his/her signature in the space provided
above on this 5I'Z day of / —� aAn/20,�4,V
rot? ! PL�c CttRISTOPHER B. WALDERA
* * MY COMMISSM # CC 95M
EXPIRES: August 9, 20()4
area Ra���< Bonded 7W M Budget NOWY Services
—42-ZL X//L/
NOTARY PUBLIC
My Commission Expires:
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction fc
public entity crime may not submit a bid on a contract to provide any goods or services to a publi
amtity, may not submit a bid on a contract with a public entity for the construction or repair of ;
)ublic building or public work, may not submit bids on leases of real property to public entity, Mal
iot be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
:ontract with any public entity, and may not transact business with any public entity in excess of the
hreshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 m.onth�
' om the date of being placed on the convicted vendor list."
WORKERS' COMIxENSATION 2005 Editiocz
INSURANCE REQUIREMENTS
FOR
CONTRACT: Patrol and Security Services
BETWEEN
MONROE COUNTY, FLORIDA
AND
Keys Security Inc.
• • c Y.r•:
In addkwi. the Conbactor shall obtain EmOWere Lobfty Insuranoes with Omft of not less than:
$100.000 Bodlr k*ffy by lit
$500,000 Bodily lr*jry by Disease, pommy rmft
$100,000 Bodly hVxy by Disease, each mm VOyee
Coverage shall be nt*ta1red #mocghout fire erne tern► of the contract
Coverage shag be proceed by a corrrpary or authorised to b ansact businew in to Stake of Florida aril
the company or companies must maintain a nr m rating off►-Wl, as assigned by the AM. Best Company.
ff the Contractor has been approved by Florida's Dew of Labor, as an authorized seif4msur+er, the County
shag recognme and horror #w ConiracWs; stahm The ConkacW may be r+equffW to submit a Letter of
Auftmization issued by the Department of Labor and a Cerblicate of insurance, proving delais on the
Contractor's Excess Gain Program.
If the Contractor des in a seff4vwrance femci, a CertHicate of kmrance wN be required. In adcWom the
contactor may be required to subrrei updated firmcial statements from the fund upon request from the County.
A trafim hisfuZw wC1
#7500
0
2005 Edition
INSURANCE REQUIREMENTS
FOR
CONTRACT: Security Patrols and Services
BETWEEN
MONROE COUNTY, FLORIDA
AND
Keys security Inc.
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shalt be maintained throughout the life of the
contract and include, as a minimum:
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, iiss provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional Insured
on all policies issued to satisfy the above requirements.
Administrative Instruction G 2
#7500
27
VEHICLE LIABILITY$ Eamon
INSURANCE REQUIREMENTS
FOR
CONTRACT: Security Patrols and Services
BETWEEN
MONROE COUNTY, FLORIDA
AND
___Keys security Inc
Recognizing that the work governed by this contract requires the use of vehicles, the Cor&actor, prior to the
commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimm, liability coverage for.
Owned, Non -Owned, and Hired Vehicles
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be-
t
at tit .- •�.. - ..-
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to
satisfy the above requirements.
Adminisfrafte Instruction VL2
#7500
GENERAL LIFA MLITY 2005 Edition
INSURANCE REQUIREMENTS
FOR
CONTRACTDuck Key Security
BETWEEN
MONROE COUNTY, FLORIDA
AND
Keys Security Inc.
Recognizing that the work governed by this contract involves providing of guards and other
security services on or off County property, the Contractor's General Liability Insurance policy 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 damages and attorney's fees under any one or more of the
following civil rights statutes: 42 USCA 1981, 42 USCA 1982,42 USCA 1983, 42 USCA 1985,42
USCA 1986 and 42 USCA 1998.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
GLS
Administrative Instruction 29
#7500
_ v�• .yrrt 4rIM r�`1L�lV e
AWKEL CREFrrWIC ATE OF UABILffy INSURANCE
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ALLIED FLORIpA INSURANCE 092200 05
PO BOX 501713 RMERFC1I �l DECLARATIONS PAGE
MARATHON FL 33050 U A.r�r�.caV4.ro
TELEPHONE:(305) 743-0104 aF FL ORIDlt IMPORTANT COVERAGE EXCLUSIOI
POLICY NUMBER IFRW POLICY PERIOD . TO APPLICABLE TO ALL COVERAGES, EXCEPT PERSONAL INJURY PROTECTION AN[
05081977 10/16/2006 , wAM 04/16/2007 A. $10.000 OF PROPERTY DAMAGE LIABILITY. PROVIDEQ NOW OR LATER.
It is agreed that the insurance afforded by this policy
PERSONS INSURED shall not apply nor accrue to the benefit of any insured or any
QED �NSUR® third party claimant when any car is being used or operated
51MON S LEIRD by a person listed below regardless of where the person
VERS resides or whether the person is licensed to drive.
51MON S LEIRD WILLIAM LEIRD
CHRIS TINE LEIRD
ULING 2860 DOLPHIN DRIVE
DRESS MARATHON FL 33050
tj YEAR VEHICLE DESCRIPTION SERIAL NUMBER COST OR VALUE
2006 FORD F-150 SUPERCREW PKP 4X2 4D 1 FTRW12W96FA19309
�.A4l.A LOSS PAYEES R.M. ADDITIONAL INTERESTS Lm. LOSS PAYEES AND ADDITIONAL WERESTS RAL GARAGING ADDRESSES I= AND REGISTERED OWNERS MOI OTHER THAN TMOSE LISTED ABOVE
GA1 RO
INSURANCE AFFORDED IS ONLY WITH RESPECT TO SUCH OF THE FOLLOWING COVERAGES AS ARE MMATED BY A SPECIFIC PREMIUM CHARGE OR cHwR THE LIMIT OF THE coMPANY'S LIABILITY FOR EACH SUCH
TRADE IS STATED BELOW SUBJECT TO ALL THE TERMS OF THE POLICY.
COVERAGES
LIMITS OF LIA8I1.17 Y
PREMIUMSrAPMPUZABLE
L4L EQUIPME NT
my NLWRY LwsrtrrY
$ 25,000 ++ $ 50,000 EACHACQDEI7T
CAR
CAR
AND AMOUNTS OF
R EACH rreA ARE STATED
ITEMS tNSiIR® ARE SUBJE9CT TO
DEDUCTtKE.
140
WE RTY DAMAGE LIABILITY
$ 25,000 EACH ACCIDENT
99
NSURED MOTORISTS
NERAGE
$ EAM PERSON $ FACH ACCIDENT
®REJECTED sTAC7CFD NONSMACIC®
MS MMUIR®
LBMTT
-
SONAL INJURY PROTECTION
$10,000 DEDUCITBLE SO TYPE P -02 SEE
74
HCAL PAYMENTS
$ _ EACH PERSON _
NPREREvSIVE
DBE cAR1 $ 500 cm $ CAR $
32
UslON
DEDUCTIBLE C.AR1 $ 500 CAR $ CAR $
278
nNG AND LABOR
$ EACH DISABLEMENT
TAL CAR BENEFIT
$ 3O PER DAY 30 DAYS MAXIMUM
27
PREMIUMS
PER C4R
IORSEMENTS ATTACHED TO
THE POLICY
650
10 01 /2005 U242 08/2001 U-45B 11 /1997 U-179 11 /1997
Poeww FEE 0
TOTAL PREMIUM 650
IMPUK I AN I IIVI-VKMA I IUN
EFFECTIVE 10/16/2006
Your automobile insurance expires and coverage ceases at 12:01AM on 10/16/2006
Coverage under this policy will become effective provided the premium is paid as
indicated on the enclosed NOTICE OF PREMIUM DUE.
O TO:
SIMON S LEIRD
2860 DOLPHIN DRIVE
MARATHON FL 33050
Counter signed:
vcutri c ntcrn.,.,
MENNEN
mom
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[,ICY NUMBER: FL 05081
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