01/28/2009 ContractDANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: February 2, 2009
TO:
Tina Boan, Sr. Budget Director
FROM.
Pamela G. Hancock, D.
At the January 28, 2009, Board of County Commissioners meeting the Board granted
approval and authorized execution of a Contract between Monroe County and Buccaneer Courier
for a period of two years commencing on March 16, 2009 and ending March 15, 2011 with an
option to renew for two additional 2 year periods. The current Contract for Monroe County's
courier service expires on March 15, 2009.
Enclosed is a copy of the above - mentioned for your handling. It should be noted that the
Contract refers to Exhibit A; however, the Exhibit was not attached. A copy was printed from
the agenda for the Clerk's record and also copied for our Finance Division. In the future please
include all attachments. Should you have any questions please feel free to contact our office.
cc: County Attorney
Finance
File
CONTRACT
THIS AGREEMENT, made and entered into this 28th day of January 2009, AD., by and
between MONROE COUNTY, FLORIDA, (hereinafter also referred to as "owner"), and
Buccaneer Courier, (hereinafter referred to as "contractor").
WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
3.01 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the RFP, and any addenda issued
hereafter, any other amendment hereto executed by the parties hereafter, together with the
bid proposal and all required insurance documentation.
3.02 SCOPE OF THE WORK
The Contractor shall provide courier service as specified below.
A The locations to be serviced are attached in Exhibit A
B. Times specified in Exhibit A for pick up and deliveries by Contractor are
approximate with the exception of the locations in Key West which remain firm.
C. Deliveries- Deliveries to Stop #1 made will include opening the bags and distributing
mail in department mail boxes in the Mailroom. Pick up and delivery is required
Monday through Friday with the exception of holidays. A list of holidays will be
provided to the Contractor and the Contractor will be notified should changes to the
list occur. Deliveries to all location en route from the Key Largo area west (south) to
Key West Gato Building and including Monroe County Courthouse and Harvey
Government Building, Key West will be made prior to 8:00 AM daily. Daily service
will be available when needed from Key Largo to Key West with delivery in the
afternoon.
D. Materials to be transported. Contractor will be required to transport mail, cast,
computer printouts, office supplies, etc. contained in colored courier bags and general
office supplies so long as they are boxed sealed and weigh no more than 50 pounds
per box. Boxes being used for the transportation of copy machine paper and general
office supplies may be no longer than 18" wide, 15" deep and 10" high.
E. Provision of Lock Boxes. Lock boxes for the purpose of temporarily storing items
until such time as they are picked up by the Contractor will be installed at each
location. Exceptions: Stop #1 through Stop #8 will not need a lock box as they are
services during normal office hours. Owner will be responsible for the purchase of
Lock Boxes to be installed at each location serviced, and such purchases will be made
in accordance with Monroe County Purchasing Policies and Procedures. Lock Boxes
will be a minimum of24" wide, 17" deep and 48" high.
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F. Provision of mail bags. Mail bags are to be used as the transportation media of choice
and are to be provided by Owner. Mail bags being used for transportation may be no
larger than 18" wide, 5" deep and 30" high.
3.03 THE CONTRACT SUM
The County shall pay to the Contractor for the faithful performance of said service on a
per month in arrears basis on or before the 30th day of the following month in each of
twelve (12) months. The Contractor shall provide an invoice to the County on a monthly
basis for services render in accordance with the rates in Exhibit A.
3.03.1 CONTRACTOR'S ACCEPTANCE OF CONDmONS
A. 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.
3.04
A.
3.05
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 shall in any event 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.
B.
TERM OF CONTRACTIRENEWAL
This contract shall be for a period of two (2) years, commencing March 16th 2009
and terminating March 15th 2011, unless the option to renew is exercised by the
Owner and Contractor.
The County shall have the option to renew this agreement for two (2) additional two
(2) year periods. 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-V) for the most recent twelve (12) months available.
HOLD HARMLESS
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 reasons of services provided by the Contractor or
any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
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Page 2 of7
wrongful act of omission of the contractor or its subcontractor In any tier, their
employees or agents.
In the event that services are delay or suspended as a result of the Contractor's failure to
purchase or maintain the required insurance, the Contractor shall indemnify the County
from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of the remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within this agreement.
3.06 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 for Monroe
County. No statement contained in this agreement shall be construed so as to find the
Contractor or any of hislher employees, contractors, servants, or agents to be employees
of the Board of County Commissioners for Monroe County.
3.07 ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job
related, in its recruiting, hiring, promoting, terminating, or any other area affecting
employment under this agreement or with the provision of service or goods under this
agreement.
The Contractor agrees 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 terminated without any further
action on the part of any party, effective the date of the court order. The Contractor agree
to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: I) Title VII 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 of
1975, 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
patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
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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 the
parties to, or the subject matter of, this Agreement.
3.08 ASSISGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement,
except in wiring and with the prior written approval of the Board of County
Commissioners for Monroe County and Contractor, 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
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
obligation upon the board in addition to the total agreed-upon price of the services/goods
of the contractor.
3.09 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall abide by
all statutes, ordinances, rules and regulation 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.
3.10 INSURANCE
Prior to the execution of this agreement, the contractor shall furnish the Owner
Certificates of Insurance indicating the minimum coverage limitation as indicated by an
"X" on the attached forms identified as lNSCKLST 1-5, as further detailed on forms
WCI, GLI, and VLI, each attached hereto and incorporated as part of this contract
document and all other requirements found to be in the best interest of Monroe County as
may be imposed by the Monroe County Risk Management Department.
3.11 FUNDING A V AILABILITY
In the event that funds from Purchasing Office Contractual Services are partially reduced
or cannot be obtained or cannot be continued at a level sufficient to allow for the
purchase of the services/goods specified herein, this agreement may then be terminated
immediately at the option of the Board of County Commissioners by written notice of
termination delivered in person or by mail to the Contractor. The Board shall not be
obligated to pay for any services provided by the contractor after the contractor has
received written notice of termination.
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3.12 PROFESSIONAL RESPONSffiILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed by the services herein described, subject to the terms and
conditions set forth in these contract documents. The Contractor shall at all time exercise
independent professional judgment and shall assume professional responsibility for the
services to be provided. Continued funding by the Owner is contingent upon retention of
the appropriate local, state and/or federal certification and or licensure of contractor.
3.13 NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY:
Monroe County Purchasing Office
1I00 Simonton Street, Suite 1-213
Key West, FL 33030
FOR CONTRACTOR:
Buccaneer Courier
P. O. Box 430763
Big Pine Key, FL 33043
3.14 GOVERNING LAWS
This agreement is governed by the law of the State of Florida. Venue for any litigation
arising under this agreement must be in Monroe County, Florida. In the event of any
litigation, the prevailing party is entitled to attorney's fees and costs.
3.15 CANCELLATION
A. The County may cancel 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 may cancel this agreement without cause by giving the other
party sixty (60) days written notice of its intention to do so.
3.16 CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Monroe County Board of County Commissioners.
3.17 RECORDS AND PUBLIC ACCESS
The Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement. 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.
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BOCC1128109
Page 5 of7
3.18 ATTORNEY'S FEES AND COSTS
The county and the Contractor 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, court costs, investigative, and out-of-pocket expenses, as an award against
the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. 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.
3.19 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.
3.20 NON-WAIVER OF IMMUNITY
Notwithstanding the provision 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 extent of liability coverage,
nor shall any contract entered into by the County be required to contain any provision for
WaIver.
3.21 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
The County and the 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. If no 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 Commissioner. 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.
3.22 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 the Contractor 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. The County and the
Contractor specifically agree that no party to this agreement shall be required to enter into
any arbitration proceedings related to this agreement.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
Wi " ""above in four (4) counterparts, each of which shall, without proof or accounting for
,. // . ~rparts, be deemed an original contract.
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I(~ BOARD OF COUNTY COMMISSIONERS
j ~. LHAGE, CLERK OF MTOE COUNTY, FLORIDA
\ -- ~ By: ,,6l""}f-~" ){)01.4'~
Mayor/Chairman
Date:
JAN 2 8 2009
(SEAL)
Attest:
By: ~ V~
Witness ~ 1""'05 V'''~GS
By:
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By:
Title:
vfl.Cy
Cl (ii<, MONROE COUNTY ATTORNEY
c::: c:: w <r. APPROVED AS TO FORM:
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BOCC 1/28109
Page 7of7
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put their bogs
out last nightl
Courier
Stop List
. ~
.-
EXHIBIT A
(32 Courier Stops)
Monroe County Courier Service Stops
STOP #1
The Historic Gato Cigar Factory
1100 Simonton Street
The Mail Room
Key West, Florida 33040
CAD
SAP
ART
GRP
WKC
PER
OMB
PUR
GRT
COF
CSO
EXS
SSD
PWD
CMD
ENG
SWM
ART
OUT TO KEY WEST
10:45 AM and 2:30 PM
OUT TO KEYS NORTH
5:00 PM
from Keys North to Key West
8:00 AM
STOP #2
Monroe County Health Oept.
The Historic Gato Cigar Factory
1100 Simonton Street, I" Floor
Key West, Florida 33040
OOH
STOP #2 A
DOH
Monroe County ,
Health Care Center (Depoo Hospital)
Kennedy Drive
Key West, Florida 33040
EXHIBIT A
(32 Courier Stops)
County Administrator
Safety Office
Monroe Council of the Arts
Group Insurance
Workers Compensation
Personnel Office
Budget Office
Purchasing Office
Granls Office
Code Enforcement
Community Service Division
Extension Services
Social Services Dept.
Public Works Division
Construction Management
Engineering Department
Solid Waste Management
Monroe Council of the Arts
Department Of Health
Department Of Health
EXHffiIT A
(32 Courier Stops)
STOP #7
CAY County Attomey
502 Whitehead Street RSK Risk Management
Key West, Florida 33040 WIG Commissioner Wigington
CAR Commissioner Carruthers
STOP #8
Monroe County Courthouse CTA Court Administrator
500 Whitehead Street CLK Clerk of the Courts
Key West, Florida 33040 PAO Property Appraiser Office
FIN Finance Department
PAY Payroll Department
SOE Supervisor of Elections
STA State Attomey
STOP #9
5:10PM
Monroe County Bayshore Manor SSB Bayshore Manor
5200 College Road
Key West, FL 33040
STOP #9B SHF SheriffDept.
5:10PM Bill Building Dept. (RM #2030)
Juvenile Justice Building NDF New Detention Facility
5503 College Road MPC Marine Projects (RM #2024)
Key West, FL 33040 GAL Guardian Ad Litem
PTS Pre-Trail Services
STOP #10
5:40 PM
Cudjoe Key HAZ Hazardous Waste
Transfer Station Transfer Station
MM #2 I.5
Blimp Road
Cudjoe Key, Florida 33042
EXHIBIT A
(32 Courier Stop.)
STOP #10-A
(last stop on WIlY back)
#25 Ships Way NUG Commissioner Neugent
Big Pine Key, FL 33043
STOP #10-B
6:00 PM
Big Pine Key Library LIB Big Pine Key Library
Big Pine Key Shopping Center FIR Big Pine Key Fire Rescue
213 Key Deer Blvd.
Big Pine Key, FL 33043
STOP #11
6:30 PM
Monroe County Regional Service Ctr. GMD Growth Management
2798 Overseas Highway, MM 47.5 (gulf) BLD Building Dept.
Marathon, Florida 33050 PLN Planning Dept.
MRD Marine Resources
EVR Environmental Resources
CDF Code Enforcement
PFM Facility Maint. (Bldg. Super.)
PAO Properly Appraiser Office
EXS Extension Service
EMC Emergency Communications
STOP #12
6:35 PM
Marathon Sheriff's Office SHF Sheriffs Department
3101 Overseas Highway, MM 48 (ocean) CTH Courthouse
Marathon, Florida 33050 TAX Tax Collector
CLK Clerk
STOP #13
6:40 PM
Marathon Library LIB Marathon Library
3251 Overseas Highway, MM 48 (ocean)
Marathon, Florida 33050
EXHIBIT A
(32 Courier Stops)
STOP #14
6:50 PM
Marathon Government Annex
490 63rd Street (ocean) FMD Fire Marshall
Marathon, Florida 33050 EMS Emergency Medical Services
EMG Emergency Management
FRO Fire Rescue
SSD Social Services
VAD Veteran Affairs
TRS Translator
SOE Supervisor of Elections
STOP #15
7:00 PM
Marathon Airport APM Airport Manager's Office
9000 Overseas Highway, MM 51.5 PSD Public Safety Division Office
Marathon, Florida 33050 HRS Health Department
RlC Commissioner DiGennaro
STOP #16
7:10PM
Marathon Public Works RDS Road Department
10600 Aviation Blvd. PFM Facility Maintenance
Marathon, Florida 33050 ENG Engineering
FMS Fleet Management Service
STOP# 17
7:35 PM
Long Key Transfer Station only
Transfer Station
MM 68 U.S. #1 (gulf)
Long Key, Florida 33001
STOP #18
7:50PM
Islamorada Library Lffi rslamorada Library
MM 815 U.S. #1 (gulf)
Islamorada, Florida 33036
EXllmIT A
(32 Courier Stops)
..
STOP #19
8:10 PM
Plantation Key Public Works
186 Key Heights Dr, MM 88-89 (gulf)
Plantation Key, Florida 33070 HRS
STOP #20
8:15PM
Ellis Building
88800 Overseas Hwy, MM 88-89 (gu\t)
Plantation Key, Florida 33070 PAO
STOP #21
8:20 PM
Plantation Government Center
88820 Overseas Hwy, MM 88-89 (gulf)
Plantation Key, Florida 33070 SOE
STOP #22
PWD
EMG
FMS
ENG
Public Works
Emergency Management
Health Department
Fleet Management Service
Engineering
BLD Building Dept
TAX Tax Collector
Property Appraiser Office
PLN Planning Dept.
SSD Social Services
V AD Veteran Affairs
Supervisor of Elections
CDF Code Enforcement
CLK Clerk of Court
8:35 PM
Key Largo Volunteer Ambulance Corp. KLV
98600 Overseas Hwy, MM 98.6 (median) UKT
Key Largo, Florida 33037
STOP #23
8:45 PM
Tradewinds Plaza Lffi
101485 Overseas Hwy, MM 101.485 (ocean)TAX
Key Largo, Florida 33037
EXHIBIT A
(32 Courier Stops)
Key Largo Volunteer Amb.
Upper Keys Trauma Center
Key Largo Library
Tax Collector's Office
STOP #24
9:00 PM
Key Largo Transfer Station
1180 State Road 905 (gulf)
Key Largo, Florida 33037
STOP #25
9:15PM
Cardsound Toll Bridge
County Road 905A
US#AIA
STOP #26
9:40 PM
Damaron Building
99198 Overseas Highway, Suite n
Key Largo, FL 33037
Approx. 11:00 PM
CDS
MUR
EXS
EXHmIT A
(32 Courier Stops)
Transfer Station only
Card Sound Bridge
Commissioner Murphy
Extension SeIVice