Item C10 CIO
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
December 13, 2023
Agenda Item Number: CIO
2023-1845
BULK ITEM: Yes DEPARTMENT: District 4
TIME APPROXIMATE: STAFF CONTACT: Tamara Lamarche, Executive Assistant,
N/a District 4 BOCC
AGENDA ITEM WORDING: Approval for Duck Key Security District to advertise for bid
proposals for security patrol services.
ITEM BACKGROUND:
Current contractual services for security patrols on residential areas of Duck Key has reached the end of
allowed agreement extensions. Therefore, a bid process must be engaged to produce a result in a new
contractual agreement with a qualified vendor by April 2024. The new contract will be for a term of
three(3)years, with two one-year extensions possible for a total of five (5)years.
The Duck Key Security Taxing District was approved by voter referendum of the Duck Key residents in
1992, and authorized by BOCC Ordinance#005-1992, established for the"purpose of providing
security services" for the residential areas of Duck Key. The District has a seven-member volunteer
Advisory Board appointed by approval of the BOCC. There is no staff and the District is administrated
by the BOCC and County staff as necessary to conduct the business of the District. (Fund#152-
04501).The Special Taxing District, is funded by annual assessments of developed and vacant lots on
the residential islands of Duck Key. The budget is maintained by OMB and the Clerk's Finance Office.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approval of final one-year extension of current security services contract March 22, 2023 to
expire April 18, 2024 (Ralons Security LLC.)
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Increase of initial contract term from one year to three years, with two one-year possible extensions for
a total of five years.
STAFF RECOMMENDATION: Approval to authorize Purchasing Department of OMB to place the
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bid advertisement in local newspapers, and post to DemandStar.com for 30 days.
DOCUMENTATION:
Duck Key Security Bid 2023.docx
COMPETIVE BID MEMO ATT A.pdf
FINANCIAL IMPACT:
Fund#152-04501 Duck Key Security District for advertising costs.
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REQUEST FOR PROPOSALS
DUCK KEY
SECURITY PATROLS AND SERVICES
N
z 18 23
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MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Mayor Holly Merrill Raschein, District 5
Mayor Pro Tem Jim Scholl, District 3
Commissioner Craig Cates, District 1
Commissioner Michelle Lincoln, District 2
Commissioner David Rice, District 4
COUNTY ADMINISTRATOR BUDGET & FINANCE
ROMAN GASTESI TINA BOAN,DIRECTOR
CLERK OF THE CIRCUIT COURT
KEVIN MADOK
December 2023
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NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on , 2024, at A.M./P.M., the
Monroe County Purchasing Office will receive and open sealed responses for the following:
DUCK KEY SECURITY PATROLS AND SERVICES
MONROE COUNTY,FLORIDA
Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices.
Requirements for submission and the selection criteria may be requested from DemandStar at
www.demandstar.com OR www.monroecountybids.com. The Public Record is available upon
request.
The Monroe County Purchasing Department hereby directs that bids be submitted via email to:
OMB-BIDS La)monroecounty-fl.goy, no later than A.M./P.M., on , 2024.
Please submit your confidential financial information in a SEPARATE EMAIL from your bid
and required documents. Your subject line on both emails must read as follows:
Duck Key Security Patrols and Services 12/13/2023
Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum
file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid
is not rejected due to the file size. Should your bid documents exceed 25MB,in advance of the
bid opening, please email: omb-purchasing La)monroecounty-fl.gov. The bid opening for this
solicitation will be held virtually, via the internet, at A.M./P.M., on , 2024.
You may call in by phone or internet using the following:
Join Zoom Meeting
tttts:// cbocc.zoom.us/i/450932 156
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156#US (New York)
+16699006833994509326156#US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Publication dates:
Citizen: .,
Keys Weekly: .,
News Barometer: ,
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TABLE OF CONTENTS
Page
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATION
SECTION ONE
Instruction to Respondents..................................................................................2
SECTION TWO
General Terms and Conditions.............................................................................12
Specifications.................................................................................................13
Scopeof Services.............................................................................................15
SECTION THREE
DraftContract................................................................................................1 7
SECTION FOUR
Insurance Requirements.....................................................................................32
SECTION FIVE
CountyBid Forms............................................................................................46
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SECTION ONE
INSTRUCTION TO RESPONDENTS
1.01 DESCRIPTION
The Respondent awarded a contract shall provide Duck Key Security Patrols and Services for
Monroe County. The contract will provide for the security patrols and services in the Duck Key
Security District. The contract shall be for three(3) years, with two (2) one-year options to renew
by County, for a total of up to five (5) years of service.
1.02 COPIES OF PROPOSAL DOCUMENTS
A. Only complete sets of Proposal Documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of Proposal Documents may be obtained in the manner and at the locations
stated in the Notice of Request for Competitive Solicitation.
1.03 PROPOSAL REQUIREMENTS
A. The Respondent shall provide complete responses to the County via email as set forth in
the Notice of Request for Competitive Solicitation. No bids will be accepted from bidders
who have not obtained complete sets of the Bidding Documents as designated in the
Request for Competitive Solicitation. Documents required to be executed and submitted
include, but are not limited to: Proposal Form, Insurance Agent's (or Respondent's)
Statement,Non-Collusion Affidavit, Lobbying and Conflict of Interest Clause, Drug-Free
Workplace Form, Public Entity Crime Statement, Vendor Certification Regarding
Scrutinized Companies List, Ethics Clause. Only Vendors claiming local preference must
complete the local preference form.
B. The Respondent shall include in the proposal package those items required under Section 1.09
necessary to establish the Respondent's qualifications to provide the services.
1.04 DISQUALIFICATION OF RESPONDENT
Failure to complete these forms in every detail and submit them with your submission of
qualifications may result in immediate disqualification of your bid or proposal.
A. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed NON-COLLUSION
AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the bid or
proposals of all participants is such collusion shall be rejected, and no participants in such
collusion will be considered in future bids for the same work.
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B. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or
proposal in response to this invitation must execute LOBBYING AND CONFLICT OF
INTEREST CLAUSE and submit it with the bid or proposal may result in immediate
disqualification of the bid or proposal.
C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG-FREE WORKPLACE
FORM and submit it with their bid or proposal.
D. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list. Category Two: $35,000.00.
E. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a
proposal for, or entering into or renewing a contract for goods or services of any amount if,
at the time of contracting or renewal, the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in
a Boycott of Israel. Section 287.135,Florida Statutes, also prohibits a company from bidding
on, submitting a proposal for, or entering into or renewing a contract for goods or services
of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan
List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists
which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business
operations in Cuba or Syria.
F. ETHICS CLAUSE: Any person submitting a bid or proposal in response to this invitation
must execute the enclosed Ethics Clause and submit it with their bid or proposal.
1.05 EXAMINATION OF RFP DOCUMENTS
A. Each Respondent shall carefully examine the RFP (Request for Proposal) and other contract
documents, and inform himself thoroughly regarding any and all conditions and
requirements that may in any manner affect cost,progress, or performance of the work to be
performed under the contract. Ignorance on the part of the Respondent will in no way relieve
himself of the obligations and responsibilities assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify the
COUNTY.
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1.06 INTERPRETATIONS, CLARIFICATIONS,AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Respondents and Sub-Respondents requiring clarification or interpretation shall submit
their questions in writing no later than ten(10)business days prior to the date for receipt of Responses,
to the following address: Lamarche-Tamara@monroecounty-fl.gov. All such changes or
interpretation will be made in writing in the form of an addendum and, if issued,will be posted on
DemandStar and a notification will be furnished by DemandStar to all know prospective
Respondents listed as planholders prior to the established Response opening date. It shall be the
sole responsibility thereafter to download the addendum. Each Respondent shall acknowledge
receipt of such addenda in their Response. In case any Respondent shall acknowledge receipt of
such addenda in their Response. In case any Respondent fails to acknowledge receipt of such
addenda or addendum, his response will nevertheless be construed as though it had been received
and acknowledged and the submission of his response will constitute acknowledgment of the
receipt of same. All addenda are a part of the contract documents and each Respondent will be
bound by such addenda, whether or not received by him. It is the responsibility of each respondent
to verify that he has received all addenda issued before responses are opened.
1.07 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying with all
federal, state, and local laws, ordinances,rules, and regulations that in any manner affect the work.
Knowledge of occupational license requirements and obtaining such licenses for Monroe County
and municipalities within Monroe County are the responsibility of the Respondent.
1.08 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space provided
for the signature. If the Respondent is an individual, the words"doing business as
or"Sole Owner"must appear beneath such signature. In the case of a partnership, the signature of
at least one of the partners must follow the firm name and the words "Member of the Firm" should
be written beneath such signature. If the Respondent is a corporation,the title of the officer signing
the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp
and evidence of his authority to sign the bid must be submitted. The Respondent shall state in the
response the name and address of each person interested therein.
1.08.1 SUBMISSION OF RESPONSES
A. One(1)electronic copy of each response shall be submitted. The response shall be submitted
in accordance with the Notice of Request for Competitive Solicitation., on or before
A.M./P.M. local time , 2024. Responses will be received until the date
and hour stated in the Notice of Request for Competitive Solicitation.
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B. Responses shall be submitted to Monroe County via email to QMB-
B I D S L&m o n r o e c o u n t�v-o v not later than the time and date indicated in the Notice
of Request for Competitive Solicitation, or any extension thereof made by Addendum.
Responses/Proposals received after the time and date for receipt of Bids will not be
considered.
C. If your response/proposal submission is larger than 25MB or is otherwise rejected or
undeliverable, please follow the instructions as set forth in the Notice of Competitive
Solicitation and contact omb-t)urchasinp-C&,monroecountv-fl,p-ov in a timely manner and in
advance of the bid opening to allow for accommodations for delivery of the response.
Responses/Proposals that exceed 25MB will not be delivered due to the file size. It is the
Respondent's sole responsibility to ensure that their response is timely delivered and waiting
until the bid opening to address or confirm delivery of the response/proposal submission will
result in your response/proposal being rejected. Please allow sufficient time to ensure that
your response/proposal does not exceed 25MB prior to the bid opening or allow sufficient
time for accommodations for delivery of the response/proposal prior to the bid opening by
emailing omb-t)urchasinp-C&,monroecountv-fl,p-ov. The County is not responsible for delivery
errors due to the file size. Please submit your confidential financial information in a separate
email. Please do not mail or attempt to deliver bids in person as they will not be accepted or
considered.
D. The Respondent shall assume full responsibility for timely delivery via email to QMB-
BIDS C&,monroecountv-fl.P-ov.
G. Oral, telephonic, telegraphic, and faxed and Responses/Proposals are invalid and will not
receive consideration.
F. Each Respondent shall submit with his Response the required evidence of his qualifications
and experience as outlined in Section 1.09.
1.09 CONTENT OF SUBMISSION
The proposal submitted in response to this Request for Proposals (RFP) shall be typed on 8-1/2"
x I I" white paper and bound; shall be clear and concise and provide the information requested
herein. Statements submitted without the required information will not be considered. Bids shall
be organized and sections tabbed. The Respondent should not withhold any information from the
written response in anticipation of presenting the information orally or in a demonstration, since
oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate
documentation to certify the Respondent's compliance with the County's requirements.
Respondent should focus specifically on the information requested.Additional information,unless
specifically relevant, may distract rather than add to the Respondent's overall evaluation.
The following information, at a minimum, shall be included in the Submittal:
A. Cover Page
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A cover page that states "REQUEST FOR PROPOSALS FOR DUCK KEY SECURITY
PATROLS AND SERVICES." The cover page should contain Respondent's name, address,
telephone number, and the name of the Respondent's contact person.
B. Tabbed Sections
There shall be included certain information which shall be tabbed for the convenience of the
reviewers, as follows:
Tab 1. Respondent's Executive Summary
The Respondent shall provide a history of the firm or organization, and show the firm's
qualifications and capabilities that demonstrate how the firm or entity will work with the county
to fulfill the requirements of the scope of work.
Tab 2. Relevant Experience
The Respondent shall provide a list of similar work performed in the last five years.
Tab 3. References
Each Respondent shall provide at least five(5)references or accounts for which the Respondent
has provided the same or similar services during the past three (3) years. It is preferred that the
references be state or local governments, but private industry clients may also be used as
references. Each reference shall include, at a minimum:
Name and full address of reference organization
Name of Contact person for contract
Telephone number(s)
Date of initiation of contract with reference
Brief summary comparing the referenced services to these proposed services
Tab 4. Security and Patrol Services
Respondent shall provide a listing of security and patrol services, with specific descriptions that
will be offered under the agreement.
Tab 5. Technology
Respondent shall describe its use of technology in the office and in the field. Describe what types
of technology and how it will be used. List any specific hardware and software currently in use
or planned for this contract.
Tab 6. Transition Plan
Respondent shall thoroughly describe the transition plan from the current providers to the
Respondent if awarded the contract. Flow charts and schedules may be used.
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Tab 7. Staffing
a. Respondent shall include a list of the proposed staff positions that will provide the work
required if awarded this contract. Security personnel must have a class D license as per
Chapter 493,Florida Statutes and should comply with the specifications regarding security
personnel's driving record as set forth in Attachment A.
b. Describe the firm's hiring procedures, background checks, and drug screening practices.
Be specific if the firm uses a combination of education and relevant experience.
Tab 8. Pending Litigation and Financial Information
The Respondent will provide the following information:
(1)A list of the person's or entity's shareholders with five percent or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a list of
its members; or, if a solely owned proprietorship, names(s) of owner(s);
(2)A list of the officers and directors of the entity;
(3)The number of years the person or entity has been operating and, if different, the number
of years it has been providing the services, goods, or construction services called for in the
bid specifications (include a list of similar projects);
(4)The number of years the person or entity has operated under its present name and any
prior names;
(5)Answers to the following questions regarding claims and suits:
a. Has the person,principals, entity, or any entity previously owned, operated or directed by
any of its officers, major shareholders or directors, ever failed to complete work or
provide the goods for which it has contracted? Answer yes or no. If yes,provide details;
b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding
against the person,principal of the entity, or entity, or any entity previously owned,
operated or directed by any of its officers, directors, or general partners? Answer yes or
no. If yes,provide details;
c. Has the person,principal of the entity, entity, or any entity previously owned, operated or
directed by any of its officers, major shareholders or directors, within the last five years,
been a party to any lawsuit, arbitration, or mediation with regard to a contract for
services, goods or construction services similar to those requested in the specifications
with private or public entities? Answer yes or no. If yes,provide details;
d. Has the person,principal of the entity, or any entity previously owned, operated or
directed by any of its officers, owners,partners, major shareholders or directors, ever
initiated litigation against the county or been sued by the county in connection with a
contract to provide services, goods or construction services? Answer yes or no. If yes,
provide details;
e. Whether, within the last five years, the owner, an officer, general partner,principal,
controlling shareholder or major creditor of the person or entity was an officer, director,
general partner,principal, controlling shareholder or major creditor of any other entity
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that failed to perform services or furnish goods similar to those sought in the request for
competitive solicitation; Answer yes or no; If yes, provide details.
(6). *Credit references (minimum of three), including name, current address and current
telephone number;
(7). *Financial statements for the prior three years for the responding entity or for any entity
that is a subsidiary to the responding entity.
*Credit References: The Respondent should provide a minimum of three credit
references, including name, current address and current telephone number. The
Respondent may include audited financial statements or other information for the
County to evaluate to determine that the Respondent has the financial capability to
provide the services.Please indicate(and label)if any information is CONFIDENTIAL.
Tab 9. County Proposal forms
Respondent shall complete and execute the proposal forms specified below and found at the
designated pages in this RFP, and shall include them in the section tabbed 9:
Pages
Proposal Form 31
Indemnification and Hold Harmless 32
Non-Collusion Affidavit 33
Lobbying and Conflict of Interest Clause 34
Drug Free Workplace 35
Public Entity Crime Statement 36
Local Preference Form only required if business claims local preference 37
Vendor Certification Regarding Scrutinized Companies Lists 38
Ethics Clause 39
Insurance Agent's (or Respondent's) Statement 40
Copies of all professional and occupational licenses shall be included in this section.
1.10 MODIFICATION OF RESPONSES
Written modification will be accepted from RESPONDENTS if addressed to the entity and
address indicated in the Notice of Request for Competitive Solicitation and received prior to bid
due date and time. The response shall be submitted as stated in the Notice of Request for
Competitive Solicitation. Responses will be received until the date and hour stated in the Notice
of Request for Competitive Solicitation.
1.11 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
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1.12 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and aloud at the
appointed time and place stated in the Notice of Request for Competitive Solicitation. Monroe
County's representative authorized to open the responses will decide when the specified time has
arrived and no responses received thereafter will be considered.No responsibility will be attached
to anyone for the premature opening of a response not properly addressed and identified.
Respondents or their authorized agents are invited to be present.
1.13 DETERMINATION OF SUCCESSFUL RESPONDENT/RESPONDENT
The COUNTY reserves the right to reject any and all responses and to waive technical errors and
irregularities as may be deemed best for the interests of the COUNTY. Responses which contain
modifications or are incomplete, unbalanced, conditional, obscure, or which contain additions
not requested or irregularities of any kind, or which do not comply in every respect with the
Instruction to RESPONDENTS, and the contract documents, may be rejected at the option of the
COUNTY.
Following the receipt of responses, the responses will be evaluated by selection committee/Duck
Key Security District advisory board in a publicly noticed meeting. Each TAB section will be
given point used to score and evaluate firms and individuals; the point structure is as follows:
CRITERIA MAXIMUM POINTS
Executive Summary (Tab 1) 5
Relevant Experience(Tab 2) 5
References (Tab 3) 5
Security and Patrol Services to be Provided(Tab 4) 20
Technology (Tab 5) 5
Transition Plan(Tab 6) 5
Staffing (Tab 7) 15
Litigation and Financial Information(Tab 8) 10
Proposal-Bid Amount(Tab 9) 30
County Forms (Tab 9) 0 (10 if local preference is met)
Total 100 (110 if Local Preference is met)
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1.14 AWARD OF CONTRACT
A. The COUNTY reserves the rights to award separate contracts for each service area
and to waive any informality in any response, or to re-advertise for all or part of the
work contemplated. If responses are found to be acceptable by the COUNTY, written
notice will be given to the selected Respondent(s) of the award of the contract(s).
B. If the award of a contract is annulled, the COUNTY may award the contract to
another Respondent or the work may be re-advertised or may be performed by other
qualified personnel as the COUNTY decides.
C. A contract will be awarded to the Respondent deemed to provide the services which are in
the best interest of the COUNTY.
D. The COUNTY also reserves the right to reject the response of a Respondent who has
previously failed to perform properly or to complete contracts of a similar nature on time.
E. Following the receipt of the Proposal/Response, the selection committee/Duck Key Security
District advisory board will meet in a publicly noticed meeting to review the
Proposals/Responses. The Selection committee/Duck Key Security District advisory board will
rank the submittals in order of preference and make a recommendation to the County
Commissioner to award a contract to the highest ranked person/firm. If an agreement cannot be
reached with the highest ranked person/firm, when authorized by the Board staff will negotiate
with the next highest ranked person/firm until an agreement is reach. When staff has agreed with
the person/firm upon a mutually satisfactory contract, the contract will be brought before the
County Commission for final approval. No binding contract is created between any person/firm
and the County until a contract is approved by the County Commission.
F. If the criteria is met, the local preference will be applied as set forth in Sec. 2-349, MCC.
1.15 EXECUTION OF CONTRACT
The RESPONDENT to whom a contract is awarded will be required to return to the County one
(1) executed contract together with the required certificates of insurance.
1.16 CERTIFICATE OF INSURANCE
The Contractor will be responsible for all necessary insurance coverage as indicated by an "X"
on the attached forms identified as INS CKLST 1-5, and further detailed on forms GL2, GLS,
VL2, and WC in section. Certificates of Insurance must be provided to Monroe County within
fifteen (15) days after award of bid, with Monroe County BOCC listed as additionally insured on
all except Workers Compensation and Employers Liability. If the proper insurance forms are not
received within the fifteen (15) days, the contract may be awarded to the next responsible,
conforming, lowest Respondent.
The Contractor shall defend, indemnify and hold harmless the County as outlined on the
attached form identified as TCSI.
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1.17 BID PROTEST
Any Bidder/Respondent/Proposer who claims to be adversely effected by the decision or intended
decision to award a contract shall submit in writing a notice of protest which must be received by
the County Attorney's Office within seventy-two(72)hours or three(3)business days,whichever
is less, after the posting of the notice of decision or intended decision on DemandStar or posting
of the notice of decision or intended decision on the Monroe County Board of County
Commissioners' ("BOCC")agenda,whichever occurs first.Additionally, a formal written protest
must be submitted in writing and must be received by the County Attorney's Office seventy-two
(72) hours or three (3) business days prior to the BOCC's meeting date in which the award of
contract by the BOCC will be heard. The only opportunity to address protest claims is before the
BOCC at the designated public meeting in which the agenda item awarding the contract is heard.
In accordance with the Rules of Debate as set forth in the Monroe County Board of County
Commissioners Administrative Procedures,the Bidder/Respondent/Proposer that filed the protest
is responsible for providing the Clerk with his/her name and residence prior to the agenda item to
award the contract being called in order to preserve their opportunity to be heard on this matter.
An individual has three (3) minutes to address the Commission and a person representing an
organization has five (5) minutes to address the Commission. The BOCC decision to award the
contract is final and at their sole discretion. Failure to timely protest within the times and manner
prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless
the BOCC determines that it is in the best interest of the County to excuse the protest waiver. The
filing; of a protest shall not stop the solicitation, negotiations, or contract award process, unless it
is determined that it is in the best interest of the County to do so.
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SECTION TWO
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/Proposal Documents - The advertisement or invitation calling for qualifications/Notice
of Request for Competitive Solicitations, instructions, and forms contained in this Request for
Bids (Response Form,Non-Collusion Affidavit, Lobbying and Conflict of Interest Clause,
Drug Free Workplace, Vendor Certification Regarding Scrutinized Companies Lists, Ethics
Clause) 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 three(3) years 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 approved
by the Monroe County Board of County Commissioners.
Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or
orders.
Notice of Award - The written notice to the apparent successful Respondent stating that upon
compliance by the apparent successful Respondent/Respondent with the conditions precedent
enumerated therein, within the time specified, the County will sign and deliver the agreement.
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Owner - Monroe County
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) Security personnel must undergo a background check and must be screened for drug usage
via a standard pre-employment drug test. The Duck Key Security District reserves the
right to require periodic random drug testing of security personnel.
b) Security personnel must have a class D license as defined and required by Chapter 493,
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Florida Statutes.
c) An examination of each security person's driving record is required. No more than 3
tickets and/or accidents in the past five years and no instances of DUI or DWI are
allowed.
d) Security personnel will wear a uniform designed to closely resemble a police officer at all
times while on duty and in accordance with F.S. 493.6305. Security personnel will not
carry firearms, weapons, batons, stun guns, or chemical weapons such as sprays.
e) Security personnel do not have arrest or detention authority and must refrain from any
action which may jeopardize a legal arrest by law enforcement officers. Security vehicles
will not engage in pursuit driving at high speeds.
f) Security vehicles must be equipped with the following:
a. a distinct logo, large enough to be visible to other cars and pedestrians,prominently
displayed with"Duck Key Security"
b. amber flashing light
c. cellular telephone
d. first aid kit
e. spotlight
f. flashlight
g. a throwable personal flotation device with appropriate length of rope
h. a portable fire extinguisher
g) Security contractor will provide 12 electronic check-in stations throughout the Four(4)
residential islands to be activated each time a drive through circuit is made by security
personnel. Security personnel will check in at the first electronic check-in station
immediately upon arrival and again just before they leave. A report of the electronic check-
in stations and the guard's daily reports will be delivered to the designated member of the
Duck Key Security Board promptly after the end of each month and will be reviewed
before the monthly invoice is approved.
h) Contractor will provide business cards, magnets or stickers with contact information to the
residents, including the mobile phone number where residents can contact the security
personnel on duty.
i) Contractor will attend the Duck Key Security Advisory Board meeting on the first Tuesday
in Jan, March, May, July, September, and November to give a report on any activity that
the security personnel was involved in and answer questions regarding their service from
the board or the public. Days of meetings may vary but will be confirmed Ten (10) days
prior to meeting.
j) No security personnel will work more than Ten (10) hours per day, including breaks.
Security personnel is expected to remain vigilant, alert, and engaged during their hours of
service. They should not be doing other work or sleeping during their shift.
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2.04 SCOPE OF SERVICES
a) Contractor will provide on-site security services Seven (7) nights per week for Eight (8) hours
on a schedule agreed to by Duck Key Security District and the contractor. Additional or fewer
hours may be requested and will be charged or credited at the rate as agreed to in the contract.
Contractor will provide Eight (8) hours of additional patrols during daytime hours each day
during the week of mini-lobster season, the last week of July.
b) 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
with a vendor of their choice.
c) A minimum of Four(4) drive through circuits of the entire Four (4) residential islands will be
provided for every Eight(8)hour shift. Drive-throughs will be conducted at 10 MPH. The guard
will enter every cul-de-sac and dead-end street. When not engaged in drive-throughs, security
personnel will remain alert at the entrance to the island, near Truman Bridge.
d) Up to 15 door checks per night will be conducted. Residents must request door checks in writing
(email is acceptable)providing dates and address and giving the guard permission to walk around
the property. Security personnel will walk around property and check that all doors are locked.
If suspicious activity is detected, security personnel will notify Monroe County Sheriff s Office
immediately. Security personnel will not enter an unoccupied property.
e) Daily reports from the security personnel will be delivered to a designee of the Duck Key
Security Advisory Board promptly after the end of the month. Duck Key Security Advisory
Board will provide a sample of the report it requires. Guards will fill out the report on a daily
basis and give as much detail as possible of any incident they were involved in, including
address, nature of problem, etc.
f) Security personnel is expected to ask trespassers to leave, to request individuals to quiet noisy
parties, and to direct emergency vehicles. Security personnel will report the trespassers who fail
to leave and noisy parties that fail to quiet down to the Monroe County Sheriff s Office, so they
may assist.
g) If a resident asks for assistance, Security personnel will communicate with the resident as to the
outcome of their request, and if security personnel cannot assist,they should call Monroe County
Sheriffs Office and inform the resident that they have called for additional help. Security
personnel should not tell the resident to call the police; they will call the police when necessary.
Security personnel will report any and all suspicious or illegal activity such as theft, vandalism,
open doors, suspected DUI/DWI, and car accidents to MCSO immediately after they become
aware of it.
h) Security personnel will give friendly reminders to residents who are walking dogs without a
leash, driving golf carts at night without lights, and will accompany minors (below 14 years of
age) driving a golf cart to their homes and advise the parents of the required age for driving a
golf cart.
i) In case of an emergency, such as a hurricane, security personnel will enter Duck Key as soon as
allowed by the authorities,and report damages to the Board members utilizing the Satellite phone
provided by the Duck Key Security District if cell phones do not work. Pictures of damages will
be taken and provided if possible. Security personnel will protect the satellite phone and keep a
log of all calls made using the satellite phone.
j) The contractor will apply to Emergency Management of Monroe County for an emergency re-
entry decal.
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k) Either party may cancel this contract upon sixty(60) days written notice.
SECTION THREE
DRAFT CONTRACT
THIS AGREEMENT, made and entered into this day of , 2024, A.D., by and
between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "County" or
"Owner"), and , (hereinafter called the"Contractor").
WHEREAS, The Duck Key Security Advisory Board 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 for activities that support the Duck Key Security
District, as recommended by the Duck Key Security District Advisory Board; 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 Proposal (RFP), and the RFP, 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 described herein, 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
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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 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 $ annually based on the number of hours worked at the rate
of$_per hour. Contractor shall be compensated for those additional hours required by
the District's 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
$ . 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, 218.70, Florida Statutes.
4. TERM OF CONTRACT
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The term of this contract is for three(3) years, commencing on ,
at 12:01 A.M. for a term of three years. 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 may 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 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 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.
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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 Proposal. 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 contract. 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
NON-DISCRIMINATION. The parties 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. The parties 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 VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination
in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of
the Education Amendment of 1972, as amended(20 USC §§ 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 § 794), which prohibits discrimination on the basis of
disability; 4) The Age Discrimination Act of 1975, as amended(42 USC §§ 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, §§ 523 and 527 (42 USC §§ 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 §§ 3601 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 §§ 12101), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, 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
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which may apply to the parties to, or the subject matter of, this Agreement.
9. ASSIGNMENT
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. 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 County.
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. 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
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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 parry by certified mail,returned receipt requested, to
the following:
FOR COUNTY
Monroe County Administrator and County Attorney
1100 Simonton Street 1111 12th Street, Suite 408
Key West, FL 33040 Key West, Fl. 33040
FOR CONTRACTOR:
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 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 functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
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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.
C. For Contracts of any amount, if the County determines that the Contractor has submitted
a false certification under Section 287.135(5), Florida Statutes or has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the
County shall have the option of (1) terminating the Agreement after it has given the
Contractor written notice and an opportunity to demonstrate the agency's determination
of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or
(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes,
are met.
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 the 161h Judicial Circuit in and for 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 161h 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.
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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.
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. PUBLIC RECORD COMPLIANCE
Contractor must comply with Florida public records laws, including but not limited to
chapter 119, Florida Statutes and section 24 of article I of the Constitution of Florida. The
County and Contractor shall allow and permit reasonable access to, and inspection of, all
documents, records,papers, letters or other "public record"materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Contractor in conjunction with this contract and related to
contract performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide by the
terms of this provision shall be deemed a material breach of this contract and the County
may enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs associated
with that proceeding. This provision shall survive any termination or expiration of the
contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a
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reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of the Contractor or keep and maintain public records that would be
required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within
a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable time
may be subject to penalties under section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by
law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE 305-292-3470 BRADLEY-
BRIAN(&,MONROECOUNTY-FL.GOV, MONROE COUNTY
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ATTORNEY'S OFFICE 1111 12T11 Street, SUITE 408, KEY WEST, FL
33040.
25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the parties. The
CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with
meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the
parties, then any party shall have the right to seek such relief or remedy as may be provided
by this Agreement or by Florida law
26. PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid,proposal, or reply on a contract to
provide any goods or services to a public entity, may not submit a bid,proposal, or reply on
a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list
27. ETHICS CLAUSE
Contractor warrants that he/it had not employed, retained or otherwise had act on hi/its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance no 020-1990. 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,
commissions, percentage, gift, or consideration paid to the former county officer or
employee.
28. E-VERIFY SYSTEM
Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any
subcontractor shall register with and shall utilize the U.S. Department of Homeland
Security's E-Verify system to verify the work authorization status of all new employees
hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the subcontractor during the Contract
term. Any subcontractor shall provide an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. The Contractor shall
comply with and be subject to the provisions of F.S. 448.095.
25
690
29. 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.
30. RIGHT TO AUDIT
Availability of Records. The records of the parties to this Agreement relating to the Project,
which shall include but not be limited to accounting records (hard copy, as well as
computer readable data if it can be made available; subcontract files (including proposals
of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc);
original estimates; estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); back charge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance
rebates and dividends; any other supporting evidence deemed necessary by County or the
Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as
"County Clerk") to substantiate charges related to this agreement, and all other agreements,
sources of information and matters that may in County's or the County Clerk's reasonable
judgment have any bearing on or pertain to any matters, rights, duties or obligations under
or covered by any contract document(all foregoing hereinafter referred to as "Records")
shall be open to inspection and subject to audit and/or reproduction by County's
representative and/or agents or the County Clerk. County or County Clerk may also
conduct verifications such as, but not limited to, counting employees at the job site,
witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations, special
charges, verifying information and amounts through interviews and written confirmations
with employees, Subcontractors, suppliers, and contractors representatives. All records
shall be kept for ten (10) years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of Records, assets, and activities
relating to this Project. If any auditor employed by the Monroe County or County Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement or were wrongfully retained by the Contractor,
the Contractor shall repay the monies together with interest calculated pursuant to Section
55.03, F.S., running form the date the monies were paid to Contractor. The right to audit
provisions survives the termination of expiration of this Agreement.
Remainder of page intentionally left blank.
26
691
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date first written above in four(4) counterparts, each of which shall, without proof or accounting
for the other counterparts, be deemed an original contract.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
CONTRACTOR:
Name:
Title:
The foregoing instrument was acknowledged before me this day of 2024, by
Who is ( )personally known to me or( )produced a
driver's license as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print, type of stamp commissioned name of
notary
27
692
ATTACHMENT A
1. Specifications
Security personnel must undergo a background check and must be screened for drug usage via a
standard pre-employment drug test. The Duck Key Security District reserves the right to require
periodic random drug testing of security personnel. Security personnel must have a class D license
as defined and required by Chapter 493, Florida Statutes.
An examination of each security person's driving record is required. No more than 3 tickets and/
or accidents in the past five years and no instances of DUI or DWI are allowed.
Security personnel will wear a uniform designed to closely resemble a police officer at all times
while on duty and in accordance with F.S. 493.6305. Security personnel will not carry firearms,
weapons, batons, stun guns, or chemical weapons such as sprays.
Security personnel do not have arrest or detention authority and must refrain from any action
which may jeopardize a legal arrest by law enforcement officers.
Security vehicles will not engage in pursuit driving at high speeds.
Security vehicles must be equipped with the following:
A) a distinct logo, large enough to be visible to other cars and pedestrians,prominently displayed
with"Duck Key Security"
B) amber flashing light
C) cellular telephone
D) first aid kit
E) spotlight
F) flashlight
G) a throwable personal flotation device with appropriate length of rope
H) a portable fire extinguisher
Security contractor will provide 12 electronic check-in stations throughout the Four(4)residential
islands to be activated each time a drive through circuit is made by security personnel. Security
personnel will check in at the first electronic check-in station immediately upon arrival and again
just before they leave.
A report of the electronic check-in stations and the guard's daily reports will be delivered to the
designated member of the Duck Key Security Board promptly after the end of each month and will
be reviewed before the monthly invoice is approved.
Contractor will provide business cards, magnets or stickers with contact information to the
residents, including the mobile phone number where residents can contact the security personnel
on duty.
28
693
Contractor will attend the Duck Key Security Advisory Board meeting on the first Tuesday in Jan,
March, May, July, September, and November to give a report on any activity that the security
personnel was involved in and answer questions regarding their service from the board or the
public. Days of meetings may vary but will be confirmed 10 days prior to meeting.
No security personnel will work more than 10 hours per day, including breaks. Security personnel
is expected to remain vigilant, alert, and engaged during their hours of service. They should not be
doing other work or sleeping during their shift.
2. Scope of Service
Contractor will provide on-site security services seven(7) nights per week for 8 hours on a
schedule agreed to by Duck Key Security District and the contractor. Additional or fewer hours
may be requested and will be charged or credited at the rate as agreed and set forth in Paragraph 3.
Payment to Contractor above. Contractor will provide Eight(8)hours of additional patrols during
daytime hours each day during the week of mini-lobster season, the last week of July.
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 with a vendor of
their choice.
A minimum of four (4) drive-through circuits of the entire four residential islands will be provided
for every Eight(8) hour shift. Drive throughs will be conducted at 10 MPH. The guard will enter
every cul-de-sac and dead-end street. When not engaged in drive-throughs, security personnel will
remain alert at the entrance to the island, near Truman Bridge.
Up to 15 door checks per night will be conducted. Residents must request door checks in writing
(email is acceptable)providing dates and address and giving the guard permission to walk around
the property. Security personnel will walk around property and check that all doors are locked. If
suspicious activity is detected, security personnel will notify Monroe County Sheriff s Office
immediately. Security personnel will not enter an unoccupied property.
Daily reports from the security personnel will be delivered to a designee of the Duck Key Security
Advisory Board promptly after the end of the month. Duck Key Security Advisory Board will
provide a sample of the report it requires. Guards will fill out the report on a daily basis and give
as much detail as possible of any incident they were involved in, including address, nature of
problem, etc.
Security personnel is expected to ask trespassers to leave, to request individuals to quiet noisy
parties, and to direct emergency vehicles. Security personnel will report the trespassers who fail to
leave and noisy parties that fail to quiet down to the Monroe County Sheriff s Office, so they may
assist.
If a resident asks for assistance, Security personnel will communicate with the resident as to the
outcome of their request, and if security personnel cannot assist, they should call Monroe County
29
694
Sheriff's Office and inform the resident that they have called for additional help. Security
personnel should not tell the resident to call the police; they will call the police when necessary.
Security personnel will report any and all suspicious or illegal activity such as theft, vandalism,
open doors, suspected DUI/DWI, and car accidents to MCSO immediately after they become
aware of it.
Security personnel will give friendly reminders to residents who are walking dogs without a leash,
driving golf carts at night without lights, and will accompany minors (below 14 years of age)
driving a golf cart to their homes and advise the parents of the required age for driving a golf cart.
In case of an emergency, such as a hurricane, security personnel will enter Duck Key as soon as
allowed by the authorities, and report damages to the Board members utilizing the Satellite phone
provided by the Duck Key Security District if cell phones do not work. Pictures of damages will be
provided if possible. Security personnel will protect the satellite phone and keep a log of all calls
made using the satellite phone.
The contractor will apply to Emergency Management of Monroe County for an emergency re-
entry decal.
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.
30
695
RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
DUCK KEY
SECURITY PATROLS AND SERVICES
PROPOSAL/BID FORM
The undersigned, duly authorized to submit this proposal/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 Proposals, for
A sum not to exceed of$ per year, @ per hr.
DATED: Signature:
Witnesses (signatures of 2 required): Print Name:
Title:
I acknowledge receipt of Addenda No.(s)
I have included:
Bid Form
Insurance Agent's (or Respondent/Respondent's) Statement
Non-Collusion Affidavit
Lobbying and Conflict of Interest Clause
Drug Free Workplace Form
Public Entity Crime Statement
Local Preference Form(only required vendor/business claims local preference
Vendor Certification Regarding Scrutinized Companies Lists
Ethics Clause
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: Telephone:
Date:
Signed: Witness:
(Name)
31
696
Witness:
(Title)
32
697
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Other Contractors and Subcontractors
The Proposer covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners,its servants, agents and employees 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 Proposer or any of its Subcontractors(s)
in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Proposer
or its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project(to include the work of others)is delayed or suspended as
a result of the Proposer's failure to purchase or maintain the required insurance, the Proposer shall
indemnify the County from any and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
Proposer's Signature
Date
33
698
NON-COLLUSION AFFIDAVIT
I, of the city of according to law
on my oath, and under penalty of perjury, depose and say that
a. I am of the firm of
the bidder
making the Proposal for the project described in the Request for Proposals
for and that I executed
the said proposal with full authority to do so;
b. 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;
C. 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
d. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
e. 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)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑
online notarization, on (date) by
(name of affiant). He/She is personally known to me
or has produced (type of
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
34
699
44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding$100,000)
Certification for Contracts, Grants,Loans,and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract,the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, , certifies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies
for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official Date
35
700
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(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'
policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees 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 is 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.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑
online notarization, on (date) by
(name of affiant). He/She is personally known to me
or has produced (type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
36
701
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of
real property to public entity, may not be awarded or perform work as a CONTRACTOR,
supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list."
I have read the above and state that neither (Respondent's
name) nor any Affiliate has been placed on the convicted vendor list within the last 36
months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑
online notarization, on (date) by
(name of affiant). He/She is personally
known to me or has produced (type of
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
37
702
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance 004-2015 must
complete this form.
Name of Bidder/Responder Date:
1.Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one
year prior to the notice of request for bids or proposals? (Please furnish copy.)
2.Does the vendor have a physical business address located within Monroe County from which the vendor operates or
performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe
County?
(The physical business address must be registered as its principal place of business with the Florida Department of State
for at least one year prior to the notice of request for bid or proposal.)
List Address:
Telephone Number:
B.Does the vendor/prime contractor intend to subcontract 50%or more of the goods, services or construction to local
businesses meeting the criteria above as to licensing and location?
If yes,please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one
year prior to the notice or request for bid or proposal.
2. Subcontractor's physical business address within Monroe County from which the subcontractor operates:
(The physical business address must be registered as its principal place of business with the Florida Department of
State for at least one year prior to the notice of request for bids or proposals)
Tel.Number
Address
Print Name:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF
COUNTY OF
On this day of 120 before me, by means of❑ physical presence or ❑ online notarization , the
undersigned notary public,personally appeared ,known to me to be the person whose
name is subscribed above or who produced as identification, and acknowledged that he/she
is the person who executed the above Local Preference Form for the purposes therein contained.
My commission expires:
Notary Public
(Seal)
Print Name
38
703
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip:
Phone Number:
Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for,
or entering into or renewing a contract for goods or services of any amount if, at the time of
contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List,
created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section
287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473,
Florida Statutes, or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company
identified above in the Section entitled"Respondent Vendor Name" is not listed on the Scrutinized
Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000
or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in
business operations in Cuba or Syria.
I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification
may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any
contract with the County may be terminated, at the option of the County, if the company is found to
have submitted a false certification or has been placed on the Scrutinized Companies that Boycott
Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List
or been engaged in business operations in Cuba or Syria.
Certified By: , who is
authorized to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
http://www,dms.myflorida.com/business operations/state_purchasing/vendor_information/convict
ed�suspended®discriminatory�complaints�vendor lists
39
704
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY,FLORIDA
ETHICS CLAUSE
13
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officeror employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also,in its discretion, deduct from the Agreement or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer oremployee."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or
❑ online notarization, on
(date) by (name of affiant). He/She is
personally
known to me or has produced (type of identification)as
identification.
NOTARY PUBLIC
My Commission Expires:
40
705
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
Liability policies are Occurrence Claims Made
Insurance Agent Signature
41
706
ATTACHMENT A.
MEMORANDUM
To: Purchasing Department VIA: County Attorney's Office (for prior legal review/approval)
From: Date:
Subject: Ike nest RNCQIIIJNtitive S�� ..............
.............
After obtaining legal approyal, I have attached via email one (1) copy of the competitive solicitation
approved by legal and the Notice of Request for Competitive Solicitations, as it will publish, containing a
copy of the approved competitive solicitation (in pdf format) and a copy of the notice, as it will publish,
(in Word format) for:
V
(Nave as appears the cover page of the CompOiLive Solicitation)
1. BOCC Approval Date: Q�'ejvlh caar- 2,/)23
Asst. County Administrator or County Admin. Approval: —Date:
(if emergency Asst. County Administrator or County Administrator must approve as per chapter 7 D,
Previously Approved Projects) and
Department Director Approval: IYA Date:
2. Date Received for Legal Review/Approval, 1118123
Legal Approval Date:1"'1/9/23 —Reviewing Attorney Cory
Opening Date Assigned by Purchasing: Date
Date Notice Transmitted to Papers by Legal/Memo Returned to Department',
3. Require vendors to email their bid (minimum required) or as specified below.
4. Contact person/phone# for questions regarding specifications..—am r ,). Mc,MaV-(!_1W_ 130c,- 2841-4-600
5, Advertising expenses are to be charged against account: �tl J_ 16 2-—
6. Notice to run 21 300 45 60 (circle one) or days prior to bid opening.
7. To add "supplemental suppliers" please email an Excel spreadsheet that lists each supplier's name,
company name and email address to OMB-Purchasing@monroecounty-fl.gov
8. In addition to the local newspapers, please place notice in the following advertising
newspapers. �VYA -
Must have Department Director appEoval, for additional advertising*.
Enclosures: One (1) copy of approved competitive solicitation and notice emailed to omb-
purchasing@monroecounty-fl.gov and if applicable, Supplemental Suppliers Excel Spreadsheet
Revised BOCC 10/21/2020
Palgle 47 of 106
707