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National Security Complaint

National Security Complaint

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Published by John S Keppy
Complaint filed in Montgomery Co in reference to security in Alabama Statehouse
Complaint filed in Montgomery Co in reference to security in Alabama Statehouse

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Published by: John S Keppy on Sep 05, 2013
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09/22/2013

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IN THE CIRCUIT COURT OFMONTGOMERY COUNTY, ALABAMANATIONAL SECURITY OF ALABAMA, )dba/ DTA SECURITY SERVICES )))Plaintiff, ))vs. ) CIVIL ACTION NO. _________ )THE ALABAMA LEGISLATURE, a )Department of the State of Alabama; )DOTHAN SECURITY INC; and, )DERRICK HAMILTON, )in his official and individual capacities. )))Defendants. )COMPLAINT
COMES NOW, National Security of Alabama, dba/ DTA Security Services (hereinafter 
“DTA”),
Plaintiff in the above-referenced action, and files the following complaint for injunctiverelief, declaratory relief, and compensatory damages against Defendants the AlabamaLegislature, Dothan Security Inc., and Derrick Hamilton. In support thereof, DTA states asfollows:1.
 
This is an action arising o
ut of a contract (“the Contract”) awarded by Derrick 
Hamilton, the Sergeant at Arms for the Alabama House of Representatives, to Dothan Security
Inc. (hereinafter “DSI”) for security services at the Alabama Legislature.
Upon information and belief, Hamilton was designated by the Speaker of the Alabama House of Representatives, MikeHubbard, to develop the requirements and specifications for the Contract, issue the Request for 
ELECTRONICALLY FILED9/3/2013 2:33 PM03-CV-2013-901516.00CIRCUIT COURT OFMONTGOMERY COUNTY, ALABAMATIFFANY B. MCCORD, CLERK
 
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Proposal (“RFP”),
and award the Contract. The awarding of the Contract on or about August 9,2013, was unlawful in that it violated Alabam
a’s competitive
bid law, including but not limitedto Ala. Code, 1975, §§ 41-16-27 and 41-16-30, by rejecting the bid of DTA, which was the
“lowest responsible bidder” under the specifications of th
e RFP, and awarding the Contract to acompany in which Mike Hubbard has a direct or indirect financial or personally beneficialinterest.2.
 
DTA’s bid complied with every specification of the RFP
, including thespecification for compensation. DSI, who was awarded the Contract, submitted a bid that did notconform to the compensation specification, and, as a result, DSI underbid DTA. Twin CitySecurity, LLC, was the only other company to submit a bid, and its bid, likewise, did notconform to the compensation specifications in the RFP.3.
 
DTA seeks to temporarily, preliminarily, and permanently enjoin the AlabamaLegislature, DSI, and Derrick Hamilton from taking any further action with respect to theawarding, signing, and performance of the Contract. DTA has filed contemporaneously herewitha Motion for Temporary Restraining Order to preserve the status quo (i.e., prevent any further action with respect to the awarding, signing, and performance of the Contract) and to protect theinterest of the State of Alabama and its citizens until such time as an evidentiary hearing can be
held on DTA’s request for preliminary injunctive relief.
 
JURISDICTION AND VENUE
 4.
 
This is an action for injunctive relief, declaratory judgment, and damages inexcess of minimum jurisdictional limits of this Court. This Court has jurisdiction of this actionunder Ala. Code, 1975, § 41-16-21,
et seq.
(Competitive Bid Law). Venue is proper inMontgomery County, Alabama, because the Alabama Legislature is a branch of government of 
 
3
the State of Alabama. Jurisdiction of this action also lies under Ala. Code, 1975, §§ 41-16-31and 41-16-61.
PARTIES
5.
 
The Plaintiff, National Security of Alabama, dba/ DTA Security Services, is acorporation organized under the laws of the State of Alabama, which at all times material hereto
was doing business in Montgomery County, Alabama. DTA was the “lowest responsible bidder”
for the Contract.6.
 
The Alabama Legislature is a branch of government of the State of Alabama.From time to time, the Alabama Legislature will issue a Request for Proposal (
RFP
) for security services at the Alabama State House. The Contract for security services at the AlabamaState House was put up for bid on July 10, 2013.7.
 
Dothan Security Inc
 
(“DSI”) is a corporation organized under 
the laws of theState of Alabama, which at all times material hereto was doing business in Montgomery County,Alabama. DSI submitted a bid for the Contract with the lowest cost, but that bid did not conformto the compensation specifications of the RFP.8.
 
Derrick Hamilton is employed by the Alabama Legislature as the Sergeant atArms for the Alabama House of Representatives. Upon information and belief, Hamiltondeveloped the requirements and specifications for the Contract, issue the RFP, and award theContract at the direction of Mike Hubbard. Hamilton awarded the Contract to DSI. He is suedin both his individual and official capacities.
FACTS
9.
 
For the over 20 years, DTA has provided security services for the AlabamaLegislature, including but not limited to providing armed guards at every entrance to the

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