ELECTRONICALLY FILED 9/3/2013 2:33 PM 03-CV-2013-901516.00 CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA TIFFANY B.

MCCORD, CLERK

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

NATIONAL 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 injunctive relief, declaratory relief, and compensatory damages against Defendants the Alabama Legislature, Dothan Security Inc., and Derrick Hamilton. In support thereof, DTA states as follows: 1. This is an action arising out 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, Mike Hubbard, to develop the requirements and specifications for the Contract, issue the Request for

Proposal (RFP), and award the Contract. The awarding of the Contract on or about August 9, 2013, was unlawful in that it violated Alabamas competitive bid law, including but not limited to 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 the RFP, and awarding the Contract to a company in which Mike Hubbard has a direct or indirect financial or personally beneficial interest. 2. DTAs bid complied with every specification of the RFP, including the

specification for compensation. DSI, who was awarded the Contract, submitted a bid that did not conform to the compensation specification, and, as a result, DSI underbid DTA. Twin City Security, LLC, was the only other company to submit a bid, and its bid, likewise, did not conform to the compensation specifications in the RFP. 3. DTA seeks to temporarily, preliminarily, and permanently enjoin the Alabama

Legislature, DSI, and Derrick Hamilton from taking any further action with respect to the awarding, signing, and performance of the Contract. DTA has filed contemporaneously herewith a 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 the interest of the State of Alabama and its citizens until such time as an evidentiary hearing can be held on DTAs request for preliminary injunctive relief. JURISDICTION AND VENUE 4. This is an action for injunctive relief, declaratory judgment, and damages in

excess of minimum jurisdictional limits of this Court. This Court has jurisdiction of this action under Ala. Code, 1975, 41-16-21, et seq. (Competitive Bid Law). Venue is proper in

Montgomery County, Alabama, because the Alabama Legislature is a branch of government of

the State of Alabama. Jurisdiction of this action also lies under Ala. Code, 1975, 41-16-31 and 41-16-61. PARTIES 5. The Plaintiff, National Security of Alabama, dba/ DTA Security Services, is a

corporation 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 Alabama State House was put up for bid on July 10, 2013. 7. Dothan Security Inc (DSI) is a corporation organized under the laws of the

State 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 conform to the compensation specifications of the RFP. 8. Derrick Hamilton is employed by the Alabama Legislature as the Sergeant at Upon information and belief, Hamilton

Arms for the Alabama House of Representatives.

developed the requirements and specifications for the Contract, issue the RFP, and award the Contract at the direction of Mike Hubbard. Hamilton awarded the Contract to DSI. He is sued in both his individual and official capacities. FACTS 9. For the over 20 years, DTA has provided security services for the Alabama

Legislature, including but not limited to providing armed guards at every entrance to the

Alabama State House during business hours throughout the year and during the hours the Legislature is in Session. (Exhibit A, Affidavit of Ray Rawlings, Rawlings Aff., 3.) 10. On Wednesday, July 10, 2013, Derrick Hamilton delivered an RFP to DTA for

the Contract. (See Exhibit 1 to Rawlings Aff., July 10, 2013 Request for Proposal for Security Services Contract.) 11. Among other things, the July 10, 2013 RFP stipulated under the heading

COMPENSATION, that Compensation for security services performed shall be $15.00 per hour for each of the 5 security guards. (Rawlings Aff., 7; Exhibit 1 to Rawlings Aff., p. 2, emphasis added.) The only other specification in the RFP related to the cost of the Contract stated that [t]he amount payable shall not exceed $195,000 annually. (Id.) DTAs bid is the only bid that satisfied both specifications. 12. On July 29, 2013, DTA submitted a response to the RFP. (Rawlings Aff., 9;

Exhibit 2 to Rawlings Aff., DTAs Security Proposal.) DTAs response conformed to all specifications in the bid, including the compensation specification, setting compensation at $15.00 per hour for each of the 5 security guards, as required by the RFP. (Id.) 13. According to the bid tabulation, DSIs bid included compensation for the officers

below the specifications of the RFP, at the rate of $10.99 per hour for unarmed officers and $11.99 per hour for armed officers. (Exhibit 4 to Rawlings Aff., Bid Tabulation.) Because it did not conform to the specifications of the RFP, DSIs bid came in below DTAs bid, which complied with the compensation specification in the RFP. 14. On August 9, 2013, Derrick Hamilton notified DTA that it was not chosen to

receive the 2014 Security Contract. (Exhibit 3 to Rawlings Aff, August 9, 2013 Letter.) DSI was awarded the Contract.

15.

Upon information and belief, Mike Hubbard has a close personal relationship with

the owner of DSI, Alan Clark, and Mr. Clark has been a significant contributor to Mike Hubbards political campaigns, political action committees, and political foundations. Also, upon information and belief, Mike Hubbard has a direct financial ownership interest in DSI. REQUEST FOR INJUNCTIVE RELIEF 16. The award of the Contract to DSI violates the provisions of Ala. Code, 1975,

41-16-27, et seq. for the reasons set forth herein. DTA was the only responsible bidder, as its bid was the only one that satisfied all the specifications of the RFP. The Competitive Bid Law requires the Contract to be awarded to the lowest responsible bidder, which in this case was DTA. DSI was given preference due to the personal, political, and business relationship between DSIs owner, Alan Clark, and Mike Hubbard. 17. DTA seeks to temporarily, preliminarily, and permanently enjoin the Alabama

Legislature, DSI, and Derrick Hamilton from taking any further action with respect to the awarding, signing, and performance of the Contract. Failure to grant DTA temporary,

preliminary, and permanent injunctive relief will result in irreparable harm in that the Competitive Bid Law will have been undermined and the Alabama Legislature will spend $114,859.20 unnecessarily and without any legitimate justification, and DTA will suffer immediate and irreparable financial injury. 18. 19. There will be no harm to the public interest should an injunction be granted. DTA is prepared to comply with any requirement for a bond in such manner as

the Court deems necessary pursuant to Rule 65 of the Alabama Rules of Civil Procedure. WHEREFORE, PREMISES CONSIDERED, DTA respectfully requests this Court grant the following relief:

A.

DTA seeks to temporarily, preliminarily, and permanently enjoin the

Alabama Legislature, DSI, and Derrick Hamilton from taking any further action with respect to the awarding, signing, and performance of the Contract, pending a resolution on the merits of this action; B. DTA requests that permanent injunctive relief be granted upon a full

hearing on the merits and an injunction be issued permanently enjoining the Alabama Legislature, DSI, and Derrick Hamilton from taking any further action with respect to the awarding, signing, and performance of the Contract; C. DTA requests that it be awarded all costs and expenses incurred in

connection with this matter, including the cost of this action; D. DTA requests that any bond or security posted by DTA be discharged by

the Court upon its entering a permanent injunction; and, E. DTA requests that he be awarded any such further relief as this Court

deems just and appropriate.

Respectfully submitted on this the 3rd day of September, 2013. s/ Joseph Lister Hubbard, Jr. Joseph Lister Hubbard, Jr. (HUB015) Marvin H. Campbell (CAM019) Attorneys for National Security of Alabama, dba/ DTA Security Services

OF COUNSEL Joe Hubbard Attorney at Law P.O. Box 781 Montgomery, AL 36101-0781 (334) 832-1001
6

Marvin H. Campbell Attorney at Law P.O. Box 4979 Montgomery, AL 36103 (334) 263-7591

THE DEFENDANTS MAY BE SERVED VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AT THE FOLLOWING ADDRESSES: The Alabama Legislature 11 South Union Street Montgomery, AL 36130 Dothan Security Inc. 600 West Adams St. Dothan, AL 36303 Derrick Hamilton 11 South Union Street Montgomery, AL 36130