U. Court Administration
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 14, 2007
Division: Judicial
Bulk Item: Yes X_ No Department: Court Administration
Staff Contact Person/Phone #:
Mary Vanden Brook 295-3640
AGENDA ITEM WORDING: Approval to enter into an agreement to provide for
satellite tracking of criminal offenders who are ordered by the Court to Pre-trial
release'.
ITEM BACKGROUND: This technology will replace existing electronic monitoring
equipment used by Monroe County Pretrial Services Program, which has become
outdated and unreliable. This new tracking equipment will allow Monroe County Pretrial
Services Program to constantly monitor the location of criminal defendants who have
been released pending trial under court orders for electronic monitoring. This is tested
technology which has not been available previously. Satellite tracking has proven to be
more efficient and accurate than other methods and does not require the use of telephone
lines.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: APPROVAL
TOTAL COST:
$10.000
BUDGETED: Yes 1L- No
COST TO COUNTY:$1O.000
SOURCE OF FUNDS:
:::::::::::~~"::~.:#:~~;":MOU:"::~::::;:ll ~
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
Revised
AGENDAITEM#~_
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Satellite Tracking of Contract #~
~te, LLL Effective Date: Upon Execution
Expiration Date: One year from Execution
Contract Purpose/Description:
To replace existing electronic monitoring equipment used by Monroe County Pretrial Services
Program, which has become outdated and unreliable. The new tracking equipment will allow
Monroe County Pretrial Services Program to constantly monitor the location of criminal
defendants who have been released pendinf! trial under court orders for electronic monitoring
Contract Manager: Mary VandenBrook x3640 Court Administration
(Name) (Ex!.) (Department/Stop #)
for BOCC meeting on 11114/2007 Agenda Deadline: 10/31/2007
CONTRACT COSTS
Total Dollar Value of Contract: $ 10,000
Budgeted? Yes[8J No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
83500-530340-
-
-----
10,000
Estimated Ongoing Costs: $Q/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Division Director /~
Risk Man~~ment (t}:? l
PJ&.... lY ,~J;j, _
O.M.B.lPurch~ing l/~':> .07
County Attorney INn
Changes
Needed
Y esD No~
YesD NO~'
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Y~DNol;Y -. .)' '~jJ
Comments: un e:tl-\l'!> (.",m ISi-<<.lem.on.1" 4.rl4~c:'. fJ.'-<w
Date Out
AGREEMENT FOR SATELLITE TRACKING EOUIPMENT
This Agreement is made and entered into this day of , 2007,
between 16TH Judicial Circuit for Monroe County, Florida ("COUNTY"), a political subdivision
of the State of Florida, whose address is 5503 College Road, Suite 205, Key West, Florida
33040, and Satellite Tracking of People LLC, ("STOP"), a foreign corporation registered to do
business in Florida, whose address is 1212 N. Post Oak Rd, Suite 100, Houston Texas 77055.
WHEREAS, COUNTY desires to be able to track criminal offenders sentenced by the
Court to pretrial release supervision and who are not detained.
WHEREAS, STOP desires and is able to provide the technology necessary to track
designated individuals ("offenders") via satellite; and
WHEREAS, tracking would serve a legitimate public purpose to allow the Court system
to sentence certain appropriate criminal offenders to confinement at home or other appropriate
site, rather than at the detention center and to be able to monitor those offenders 24 hours a day,
now therefore,
IN CONSIDERATION of the muiual promises and covenants contained herein, it is
agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document, and Exhibit A only.
2. SCOPE OF THE WORK
2.1 STOP will provide to COUNTY services and equipment as set forth in Exhibit A.
COUNTY is not purchasing any of the equipment set forth in Exhibit A, title shall remain with
STOP. Instead, such equipment is being leased by COUNTY solely for its use in the United
States for tracking the location of designated offenders. COUNTY shall retum all leased
equipment to STOP upon the termination or expiration of its lease.
:t2 COUNTY shall not have the right to assign its rights as lessee to others without
express written consent of STOP. COUNTY also agrees not to alter or obliterate any markings or
notice provisions on the leased equipment.
3. COUNTY RESPONSffiILITY
COUNTY will designate a project manager will be both responsible and authorized to makes all
decisions and obtain all approvals which STOP may need from COUNTY, and will provide
STOP personnel, on a timely basis, with all information, data, and support, required for STOP
performance under this contract. COUNTY will make appropriate personnel available to interface
with STOP, if needed.
4. PAYMENTS TO STOP
4.1 COUNTY'S performance and obligation to pay under this agreement, is contingent
upon annual appropriation by the Board of County Commissioners.
4.2 COUNTY shall pay in accordance with the Florida Local Government Prompt
Payment Act; payment will be made after delivery and inspection by COUNTY and upon
submission of invoice by STOP.
4.3 STOP shall submit to COUNTY invoices with supporting documentation
acceptable to the Clerk, on a monthly schedule in arrears. 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.
I
4.4 Total Compensation to STOP under this Agreement shall not exceed Twenty-
Five Thousand Dollars ($25,000.00).
5. TERM OF AGREEMENT
This Agreement shall commence on the date written above, and continue for one calendar year,
unless tenninated earlier under paragraph 18 of this Agreement. COUNTY
shall have the option to renew this Agreement for an additional one year period at the same terms
and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30
days prior to the end of the initial term.
6. ACCEPTANCE OF CONDITIONS BY STOP
STOP has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof
of such licenses and approvals shall be submitted to the COUNTY upon request.
7. ORDER PROCEDURE
7.1 During the term of this Contract, individual orders for the leased equipment and
services described in Exhibit A may be submitted from time to time by COUNTY to STOP to be
reviewed and accepted by STOP under the terms and conditions of this contract.
7.2 STOP will use reasonable efforts to deliver the leased equipment and services at
dates specified in COUNTY'S orders, at the quantities specifically prescribed by those orders and
at the price list attached hereto as Exhibit A.
7.3 Each Order will be subject to the terms imd conditions of this contract.
7.4 Expedited Delivery Date: Requests for expedited delivery of an order accepted by
the STOP shall be subject to negotiation between the parties.
7.5 Cancellation of Order: COUNTY may cancel orders without penalty up to fifteen
(15) days before delivery.
7.6 Rescheduled Deliveries: COUNTY may reschedule delivery dates for specific
orders once without charge. If COUNTY requests a second rescheduled delivery for a specific
order, the Parties shall negotiate the price.
8. SHIPPING AND DAMAGE TO LEASED PRODUCTS
8.1 COUNTY shall pay for the cost associated with shipping leased equipment to
COUNTY'S designated delivery location.
8.2 STOP will pay shipping costs for faulty equipment returned to STOP for repair or
replacement.
8.3 STOP shall be liable for any cost associated with damage to equipment prior to
delivery. Any damage incurred to leased equipment after delivery shall be the responsibility of
the COUNTY. STOP shall advise COUNTY of the cost of any repair prior to making such repair.
8.4 Leased equipment will be returned to the STOP upon expiration of the lease term in
its original condition less reasonable wear and tear. STOP shall pay for shipping cost of
equipment returned upon expiration of the lease term.
9. PROPRIETARY PROPERTY. REPAffi AND SERVICE OF EOUlPMENT
9.1 Title to any Intellectual Property, leased equipment, including its replacements, and
all components of such equipment and replacements, including any software, shall not pass to
COUNTY as a result of this Contract.
'1.2 Leased equipment may only be serviced and/or repaired by STOP.
9.3 As an attribute ofthe equipment lease and for only so long as such lease is not
terminated or expired, STOP grants to COUNTY a personal, non-exclusive, and non-transferable
license under certain patents and other intellectual property, hereinafter "INTELLECTUAL
PROPERTY" that STOP has the right to license, such INTELLECTUAL PROPERTY pertaining
2
to the leased equipment, including any software, and the intended use of such leased equipment.
This license shall only be extended to COUNTY'S use of the leased equipment as specified in
Section 2 of this Agreement and for no other purpose.
9.4 This license shall also extend only to that equipment whose lease from STOP has
not tenninated or expired. Notwithstanding any provision herein to the contrary, this license shall
not be assignable or transferable by COUNTY.
9.5 In consideration of this license and as a requirement of the lease, COUNTY agrees
that it will not decompile, disassemble or otherwise reverse engineer the leased equipment,
including any software, or cause, or allow others, to modify the leased equipment and software,
without the prior written consent of STOP.
9.6 COUNTY agrees that software and documentation provided under this Agreement is
not to be used for production or in any revenue-producing application, with exception that the
COUNTY may utilize the software to recover the cost of supervision and collect fees from
individuals from whom the monitoring program is intended.
10. NONDISCLOSURE
STOP and COUNTY agree not to publish or disclose the information to any third party, unless
either party is obligated to do so under Federal, or State law. STOP specifically acknowledges
that COUNTY is legally obligated to respond to certain discovery requirements of the Courts and
that the COUNTY and STOP shall allow and pennit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and under any Freedom of Information Act
provisions received by the COUNTY in conjunction with this Agreement; and the COUNTY
shall have the right to unilaterally cancel this Agreement upon violation of this provision by
STOP.
11. WARRANTIES AND DISCLAIMER
11.1 STOP warrants that it will perform the services required under this Contract in a
manner consistent with industry standards reasonably applicable to the performance of such work
and services.
11.2 STOP warrants that neither the products, processes, computer software, software
modules, media, documentation and other materials provided to COUNTY under this Contract,
nor their use by COUNTY as specified in Section 2 of this Agreement and in the form furnished,
will infringe or constitute an infringement of any U.S. copyright, U.S. patent, U.S. trademark or
other proprietary right of a third party. Should any such items become the subject of an
infringement claim or suit, STOP may obtain for COUNTY the right to continue using such items
or may replace or modify them to make them non-infringing. If STOP, in its sole discretion, does
not believe that either of these alternatives is reasonable. STOP may require COUNTY to stop
using such items and COUNTY agrees to immediately cease all infringing use. Upon such
cessation, COUNTY shall receive a credit for amounts paid to STOP for time periods extending
beyond the date COUNTY ceases all infringing use.
11.3 STOP expressly disclaims any warranty that its monitoring service or its system is
impervious to tampering. STOP does not assume by reason of this contract any liability for acts
committed by third Parties or persons subject to or using the product in a manner inconsistent
with the products intended use.
11.4 STOP and COUNTY shall not be liable for any failure or delay in performance
hereunder which is due to Force Majeure. For purposes of this Agreement, Force Majeure shall
mean any event beyond the control of the parties, including, without limitation, fire, flood, riots,
strikes, epidemics, war (declared or undeclared and including the continuance, expansion or new
outbreak of any war or conflict now in existence), embargoes and governmental actions or
decrees.
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12. HOLD HARMLESS AND INSURANCE
STOP covenants and agrees to indemnify and hold hannless Monroe County Board of County
Conunissioners 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 are proximately caused by the services provided
by STOP occasioned by the negligence, errors, or other wrongful act of omission of STOP, its
employees, or agents.
STOP does not assume or bear any contractual responsibility or liability for matters involving the
selection of individuals to be monitored, or the designation of monitoring levels for each
individual.
COUNTY may choose to pay for replacement insurance for the units provided by STOP at the
rate of $. 75 per day per unit when the unit is in use. If chosen, this additional per diem rate shall
apply to all units in use, and must be elected at the beginning of the contract. This insurance will
not increase the total contract amount.
Prior to execution of this agreement, STOP shall furnish COUNTY Certificates of Insurance
indicating the minimum coverage limitations in the following amounts:
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with
limits of liability of not less than $500.000.00 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to
the COUNTY at the time of execution of this Agreement and certified copies provided if
requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30)
calendar days' written notice shall be provided to the COUNTY before any policy or coverage is
canceled or restricted. The underwriter of such insurance shall be qualified to do business in the
State of Florida. If requested by the County Administrator, the insurance coverage shall be
primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers.
13. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 786.28, Florida Statutes, the participation of COUNTY
and STOP 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 Agreement entered
into by the COUNTY be required to contain any provision for waiver.
14. FINANCIAL RECORDS OF STOP
STOP shall maintain all books, records, and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently applied.
Each party to this Agreement or their authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records purposes during
the term of the Agreement and for four years following the termination of this Agreement. If an
auditor employed by the COUNTY or Clerk determines that monies paid to STOP pursuant to
this Agreement were spent for purposes not authorized by this Agreement, the STOP shall repay
the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the
monies were paid to STOP.
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15. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement STOP is an independent 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 STOP or any of his employees, subs, servants, or
agents to be employees of the Board of County Commissioners of Monroe County.
16. NONDISCRIMINATION
COUNTY and STOP 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 tenninates without any further action
on the part of any party, effective the date of the court order. COUNTY or STOP 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: I) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps;
4) The Age Discrimination Act ofl975, as amended (42 USC ss. 6101- 6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to COUNTY and STOP to, or the subject matter of, this
Agreement.
17. ASSIGNMENT/SUBCONTRACT
STOP shall not assign or subcontract its obligations under this agreement to others, except in
writing and with the prior written approval of the Board of County Commissioners of Monroe
County and STOP, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or sub shall comply with all of the provisions of this
agreement. Unless expressly provided for therein, such approval shall in no manner or event be
deemed to impose any additional obligation upon the board.
18. TERMINATION
The COUNTY or STOP may tenninate this Agreement with or without cause with thirty (30)
days notice to the other.
19. COMPLIANCE WITH LAW AND LICENSE REOUlREMENTS
19.1 In providing all services/goods pursuant to this agreement, STOP 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.
19.2 Any violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this agreement and shall entitle the Board to tenninate this Agreement. STOP
5
shall possess proper licenses to perform work in accordance with these specifications throughout
the term of this Agreement.
20. DISCLOSURE AND CONFLICT OF INTEREST
20.1 STOP 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. 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.
20.2 Upon execution of this contract, and thereafter as changes may require, STOP shall
notify the COUNTY of any financial interest it may have in any and all programs in Monroe
County which the STOP sponsors, endorses, recommends, supervises, or requires for counseling,
assistance, evaluation, or treatment. This provision shall apply whether or not such program is
required by statute, as a condition of probation, or is provided on a voluntary basis.
20.3 COUNTY and STOP 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, STOP 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.
21. NO PLEDGE OF CREDIT
STOP 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. STOP further warrants
and represents that it has no obligation or indebtedness that would impair its ability to fulfill the
terms of this contract.
22. NOTICE REOUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY:
Court Administrator
502 Whitehead Street
Courthouse Annex
Key West, FI. 33040
County Administrator
1100 Simonton Street
The Gato Building
Key West, Florida 33042
FOR STOP:
Greg Utterback
1212 North Post Oak Road, Suite 100
Houston, Texas 77055
832233-6491 Cell
6
832 533-95902 Office
Email address:gutterbacklalstopllc.com
23. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes. STOP 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 STOP authorized to use the
COUNTY'S Tax Exemption Number in securing such materials. STOP shall be responsible for
any and all taxes, or payments of withholding, related to services rendered under this agreement.
24. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES
This A!,'feement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and STOP agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
25. MEDIATION
The COUNTY and STOP agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding. Mediation proceedings initiated
and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the circuit court of Monroe County.
26. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and STOP agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent ofthe stricken provision.
27. ATTORNEY'S FEES AND COSTS
COUNTY and STOP agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement,
the prevailing party shall be entitled to reasonable attorney's fees and court costs. Each party
agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the
prevailing party or not, through all levels of the court system.
28. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and STOP agree that all disputes and disagreements shall be attempted to be resolved
by meet and confer sessions between representatives of each of COUNTY and STOP. Ifno
resolution can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue
or issues are still not resolved to the satisfaction of COUNTY and STOP, then any party shall
have the right to seek such relief or remedy as may be provided by this Agreement or by Florida
law.
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29. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation. execution, performance, or breach of this Agreement, COUNTY and STOP agree to
participate, to the extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or provision of the
services under this Agreement. COUNTY and STOP specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
30. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of COUNTY and STOP and their respective legal representatives, successors, and assigns.
31. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary COUNTY and corporate action, as
required by law.
32. CLAIMS FOR FEDERAL OR STATE AID
STOP and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain
federal and state funds to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations shall be approved by each party prior to
submission.
33. 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 perfonning 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.
34. LEGAL OBLIGATIONS AND RESPONSffiILITIES
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 thereofby 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 pennitted by the Florida constitution, state
statute, and case law.
35. 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 STOP agree that neither the
COUNTY nor the STOP 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.
8
36. ATTESTATIONS
STOP agrees to execute such documents as the COUNTY may reasonably require, including a
Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
37. 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 or STOP in his or her individual capacity,
and no member, officer, agent or employee of Monroe County or STOP shall be liable personally
on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
38. 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
COUNTY and STOP hereto may execute this Agreement by singing any such counterpart.
39. 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 ofthis Agreement and will not be
used in the interpretation of any provision of this Agreement.
IN WITNESS WHEREOF COUNTY and STOP 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)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor Mario DiGennaro
Date:
Date:
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MONROE COUNTY ATTORNr
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EXHIBIT A
Effective Date:
Pricing for BluTag@ will be $8.75 per unit per day ("per diem") for GPS units, and begins upon the day of
installation on an offender. CONTRACTOR will provide up to 10% additional tags to be held in inventory
by the contracting agency at no additional charge to be used to replace any defective or nonworking units
paid for under the per diem. Also included in the per diem, at no additional charge, is one installation kit
for every twenty (20) BluTags. The per diem rate includes $.75 for insurance coverage as detailed in the
Contract.
In the event of damage to the tag caused by the offender/defendant or CUSTOMER, the CUSTOMER will
reimburse CONTRACTOR based on the Replacement Cost listed below.
Each BluTa
Part
1
2
3 Char in Cou ler
Notes: 1 - Replacement only for lost and stolen units.
Quantit Re lacement Cost
1 $1,500.00
6 er ear $ 15.00
1 $ 50.00
Units are not available for purchase.
The B
luTaa@ installation kit inciudes:
Part DescriDtion Quantitv ReDlacement Cost
1 Stran cutter 1 $ 10.00
2 Bridae Removal Tool 1 $ 5.00
3 Collar Removal Tool 1 $ 25.00