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09/21/1984 AgreementBRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 "annp I. 1kotbage CLERK OF THE CIRCUIT COURT 16TH JUDICIAL CIRCUIT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 RECORDER TEL. (305) 294-4641 COLLECTOR OF DELINQUENT TAXES M E M O R A N D U M To: Jim Baker, MSD From: Danny L. Kolhage, Clerk Subject: Keys Armored Express Date: October 4, 1984 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 COUNTY CLERK COUNTY AUDITOR On September 21, 1984, the Board of County Commissioners authorized the Chairman to execute a Contract with Keys Armored Express, Inc. for armored car service between the Monroe County Municipal Service District and Marine Bank of Key West. In accordance with your request, we are attaching two fully - executed copies of the Agreement for your handling with Keys Armored Express, Inc. Also attached is a Xerox copy of this Contract for your own files. Danny L. Kolhage C 1 e r k by = �L t.. r Deputy Cler /rls Attachments cc: County Attorney Finance Department \,/Fi 1e i� k e.. t r* F 4 p.. f r A + sir r r BONDED -INSURED PHONE 294-3555 - 294-8704 P. 0. BOX 1273 SERVICE • FIDELITY 0 EFFICIENCY KEY WEST. FLORIDA 33040 February 26, 1982 e Dear Client: During the past year, we have been able to _give you an Armored Car service, second to none in Monroe County. Increasing cost of supplies, salaries, and service due to inflation, now compels us to revise our charges, commensurate with good business practice. Your new rate is effective as of March 1, 1982. This increase will not appear\until the March 31 billing. We feel sure you understand our position, and we will be glad to discuss the matter with you, if you so wish. Please see enclosed contract for your new rates. Please sign and return a copy to us as soon as possible. sincerely yours, Aleida Cobo Replacement of # 000003 ARMORED CAR SERVIQE — FACE VALUE CONTRACT 000011 BRANCH SERVING THIS AGREEMENT, made this 28th day of August 19 —8-4--, between KEYS ARMORED EXPRESS, INC., a Florida corporation, and NAME Monroe County Municipal Service District hereinafter called"Customer" ADDRESS Public Service Building S.I. Wing -0 CITY E Key WPS Fl A._ CODE �11040 WITNESSETH: In consideration of the mutual covenants and agreements herein contained and of the payments hereinafter mentioned, the parties agree as follows: SERVICE AND COMPENSATION SCHEDULE (DIGEST) PAR NO TYPE OF SVCS TP LOCATION(S) STREET - CITY - STATE FREQUENCY OF DAYS OF WEEK LIABILITY PER SHIPMENT RATE Call Monroe Max $100 000.00 $ 275 . N A Del The Marine Bank SFBD Avg 1 Per month Cell ---------------------------------------------- — — — — — — — — — — — Max$ $ B Del ----------------------------------------------- r --------SFBD I Avg Per Call — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — LMax$ $ C Del —..-----_-----......------------------------------- --------SFBD I Avg Per ❑ Check here if Rider to this Contract Issued contemporaneously hereto. SFBD = Same or following business day. Insofar as the special provisions contained In the rider hereto conflict with any of the provisions hereof, such special provisions shall control. SPECIAL INSTRUCTIONS Keys Armored Express, Inc. will pick up 5 days a week, once a day between the hours of 3:00 p.m. and 4:00 p.m. and deliver to the Marine bank of Key West, Fla. The Fee will be $275.00 per month. Special deliveries will be 15.00 extra. In accordance with Paragraph no. (2) excess premise time rate shall be $ 15 • 00 for each fifteen minute period or fraction thereof. A coin handling charge of per standard bag(box) In excess of bags(boxes), will apply. In accordance with paragraph no. (4) excess liability rate shall be $?,�¢ per $1,000.00. CUSTOMER NAME (LAST NAME) ACCOUNT NO. EFF. DATE I SUPER. CONT. NO. -DATED EXPIRATION Monroe County Municipal Service I #1 INov.1,841 INov.1,85 ADDITIONAL PROVISIONS ON REVERSE 1. (a) Keys Armored Express, Ines agrees to call for and to receive from Customer, or Its designated agent, and to receipt therefor, funds, securities, Instruments and/or valuable articles securely and distinctively sealed and tagged by Customer or Its designated agent, as hereinafter provided, and to transport and deliver the same in like condition to the designated consignee thereof. (b) In the event the day or datedeslgnated above for the performance of such services shall be a Sunday, or a bank, legal, or other holiday, or In the event of some other Irregularity, performance shall be as mutually agreed upon. (c) The foregoing services shall be performed by Keys Armored Express, Inc. according to the Service and Compensation Schedule con- tained herein. 2. (a) Customer agrees that, prior to any delivery to Keys Armored Express, Inc. hereunder, it will place in packages or containers all the funds, securities, Instruments and/or valuable articles to be delivered to Keys Armored Express, Inc. hereunder, will securely and distinctively seal each such package or container, and will clearly tag and mark each such package or container to indicate the Identity of the Customer, the designated consignee of the contents thereof, and the dollar value of all of the funds, securities, Instruments and/or valuable articles contained therein, and will have all such funds, securities, Instruments and/or valuable articles ready for prompt delivery to Keys Armored Express, Inc. pursuant hereto. (b) Three (3) minutes free premises time at the Customer's location (or at the place of pickup as set out in the Service and Compensation Schedule above) will be allowed by Keys Armored Express, Inc. Should Keys Armored Express, Inc. be delayed In the picking up of any shipment due to the failure of the Customer to have the same ready for pickup by Keys Armored Express, Inc. at the time and place specified, then Customer shall be charged for all the time spent by Keys Armored Express, Inc. in picking up such shipment in excess of the three minutes of free premises time at the rate of $ 15 . 00 for each fifteen -minute period or fraction thereof. In the event the Customer is not prepared for the service call and does not desire to incur any excess premises time charge, Customer may request that a service call be made by Keys Armored Express, Inc. at a latertime. By requesting same, Customer agrees to pay for said additional ser- vice call at a rate to be established by mutual agreement, such charges to be in addition to regular service call charges. 3. As used herein, "shipment" shall mean a package(s) or container(s) containing funds, securities, Instruments and/or valuable articles securely and distinctively sealed as aforesaid and delivered to Keys Armored Express, Inc. at any one place at any one time for transportation and delivery to any one consignee at any one place at any one time. 4. (a) Customer agrees to pay to Keys Armored Express, Inc., upon presentation of periodic invoices, compensation as set forth in the Service and Compensation Schedule above, plus all other fees and charges provided for herein. Federal, State and local taxes, where applicable, shall be added to and included in all amounts payable by Customer hereunder. (b) The liability of Keys Armored Express, Inc. for the loss of any shipment delivered Into Its possession as aforesaid shall not exceed in the aggregate the sum of (A) Monroe County Municipal $100,000.00 ),(13)ff27f>> „ >>>>>>.>>>>>>>>>>>>>>>>>>>> ,-------------------------------- -------------------------------------- ----------------- --------------------------------- .----------- ($-------------- )DOLLARS, as set forth in the Service and Compensation Schedule herein. Any shipment received by Keys Armored Express, Inc. having an aggregate value exceeding the foregoing sums shall as to such excess amount, be accepted by Keys Armored Express, Inc. at Customer's risk, and Keys Armored Express, Inc.'s liability for loss of such excess value shipment shall be limited to the foregoing sums unless such excess value shall have been declared in writing by Customer to Keys Armored Express, Inc. prior to the time of the delivery thereof to Keys Armored Express, Inc. and Customer shall have paid or agreed to pay to Keys Armored Express, Inc. the sum of $ • Cog W per $1,000.00 of the excesses of such shipment over such stated sums. Keys Armored Express, Inc. reserves the right to increase the rates hereunder where the average liability actually assumed by shipment(s) exceeds the liability originally undertaken hereunder. 5. (a) Subject to the limitations on the liability of Keys Armored Express, Inc. set out herein, Keys Armored Express, Inc. shall be liable for the loss of funds, securities, instruments and/or valuable articles delivered into its possession and receipted for by it hereunder only if Keys Armored Express, Inc. shall fail to deliver the securely and distinctively sealed packages(s) or con- tainers) in which the same are contained or said to be contained to the designated consignee thereof, or Its dully authorized agent, 1n the same or like condition as when delivered to and receipted for by Keys Armored Express, Inc. Notwithstanding the foregoing, where any such package(s) or container(s) is delivered to and recelpted for by Keys Armored Express, Inc. on a "said to contain basis," Keys Armored Express, Inc. shall not be liable for the loss of any funds, securities, instruments and/or valuable articles said to have been contained therein at the time of delivery to and receipted for by Keys Armored Express, Inc., in the absence of proof by Customer of the total amount of funds, securities, instruments and/or valuable articles that were actually within such container(s) at the time of delivery to and receipted for by Keys Armored Express, Inc. Further, Keys Armored Express, Inc. shall not be liable for the loss of any funds, securities, instruments and/or valuable articles said to have been contained in any package(s) or container(s) delivered to and receipted for by Keys Armored Express, Inc. on a "said to contain basis" when such pack- age(s) or container(s) is receipted for by the designated consignee thereof, or Its duly authorized agent, and the receipt executed by such consignee or Its agent declares the dollar amount of funds, securities, Instruments and/or valuable articles said to be contained therein to be the same as the declaration by the consignor. Such receipt by the consignee shall be conclusive proof that the shipment was received securely and distinctively sealed, and that the package(s) or container(s) was free from any cuts, holes, or other defects which could permit a loss of the contents thereof. Delivery to the designated consignee of any package(s) or container(s) delivered to and receipted for by Keys Armored Express, Inc. hereunder shall, for the purpose of this Agreement, be deemed to have occurred when such package(s) or container(s) Is placed by Keys Armored Express, Inc. in the custody, control or possession of the designated consignee, or Its duly authorized agent, gives a receipt therefor, whichever event shall first occur, or if actual delivery cannot be made to the designated consignee, its agent, or when the shipment is returned to the Customer at the place at which the same was received by Keys Armored Express, Inc. (b) The responsibility of Keys Armored Express, Inc. as described in Section 5(a) hereof, for the safekeeping of such funds, securities, Instruments and/or valuable articles shall com- mence when the same have been received by Keys Armored Express, Inc. and a receipt issued therefor, and shall terminate when delivery, as defined in section 5(a) hereof, has been completed. (c) Customer agrees that, prior to any delivery to Keys Armored Express, Inc. and receipting for by Keys Armored Express, Inc., hereunder, Customer shall declare the value of the ship- ment by recording same in the Customer receipt book provided to Customer by Keys Armored Express, Inc. The amount declared by Customer to be the value of the shipment shall be the maximum liability of Keys Armored Express, Inc. in the event of loss of or damage to said shipment, whether arising out of the receiving, transporting, delivering or handling of said shipment, and In the event Keys Armored Express, Inc. is determined to be liable for said loss or damage. The service and liability obligations assumed by Keys Armored Express, Inc. and the rates charged by Keys Armored Express, Inc. are based, in part, upon the values of shipments as declared by Customer. Customer has exclusive knowledge of the actual value of each shipment and will declare a value in said receipt book of Customer which is consistent with the actual value of the shipment. Keys Armored Express, Inc. shall not be liable for any Incidental or consequential damages result- Ing from or occasioned by the loss or damage to any shipment delivered to Keys Armored Express, Inc. hereunder. (d) Any practice or custom of Customer or Keys Armored Express, Inc. at variance with the provisions of this Agreement shall not constitute a waiver of such provisions unless such prac- tice or custom shall be agreed upon in writing and such writing shall be made an amendment to this Agreement. (e) Insofar as it is able to do so, Customer agrees to promptly, diligently and completely cooperate with Keys Armored Express, Inc. in the identification and replacement of lost, destroyed or stolen non -coin and non -currency Items which were contained in any shipment. Cooperation shall include requests by Customer to makers of missing non -coin and non -currency Items to issue duplicates, and Customer agrees to accept duplicate copies. Keys Armored Express, Inc. agrees to pay all costs of reconstruction and to indemnify the payee for any loss resulting from a duplicate payment up to an amount that when combined with the entire loss does not exceed the total liability provided in paragraph 4(b) hereof. 6. (Paragraphs 6, 7, and 8 Inclusive — See Reverse Side). 9. This Agreement shall take effect on the First day of N=PTt'IbP_Y' 19 84 , and shall continue in force and effect for the period of 1? month(s) after said date, and thereafter without express renewal by either party until cancelled by Thirty (30) days' prior written notice from either party to the other; provided, however, Keys Armored Express, Inc. may discontinue its services under this Agreement immediately upon the failure by Customer to make any payment due hereunder after demand therefor. 10. This Agreement constitutes the entire agreement and understanding between the parties, and no representations, inducements, promises or agreements not embodied herein shall be of any force and effect. This Agreement shall be binding in accordance with its terms upon the parties hereto and their respective transferees, assigns and successors in interest; provided, however, this Agreement may be assigned by Keys Armored Express, Inc. to any parent or subsidiary corporation thereof, or to any corporation which it may hereafter acquire or with which it may be merged or consolidated, or to any corporation acquiring the business and assets of Keys Armored Express, Inc., but this Agreement shall not otherwise be assignable by either party hereto without the prior written consent of the other party. This Agreement may be altered, amended, or superseded only by a writing signed by the parties hereto. 11. Any notices which mayor shall be given hereunder shall be in writing and shall be delivered to the party for whom Intended or sent by registered mail, postage prepaid, to the address of such party. FLORIDA 12. This Agreement shall be governed by and interpreted in accordance with the laws of the Slate of IN WITNESS WHEREOF the parties hereto have executed this contract as of the day and year first above mentioned. CUSTOMER ✓ KEYS ARMORED EXPRESS, INC.. � BY: T Y (SEAL) BY: 6��- 1----Fii (SEAL) OMM I S S I O N E R q PRESIDENT TITLE CUSTOMER Mayor C t�'airman I" ' i 6. (a) Customer shall give notice of any claim for lose of any funds, securities, Instruments and/or valuable articles delivered to and receipted for by Keys Armored Express, Inc. under this Agreement within ten (1t» days after discovery of any such alleged loss, but In no event more than thirty andlq valuable articles alleged to be lost; and unless such notice shall have been given, all such claimshhalll be deer end to have bto een waived. o action, suit or Proceeding , tsecu�B/ Instruments such loss shall be maintained against Keys Armored Express, Inc. unless written notice shall have been given to Keys Armored Express, Inc. as aforesaid and unless such action suit or proceedings shall have been commenced within twelve (12) months of the delivery to Keys Armored Express, Inc. of the funds, securities, Instruments and/or valuable articles alleged to be lost. (b) Within thirty (3� days after the giving of written notice of any claim for lose, Customer shall furnish to Keys Armored Express, Inc. detailed written proof of such loss In form satis- factory to Keys Armored Express, Inc., which proof of loss shall be substantiated by the books, records and accounts of Customer and shall be subscribed and sworn to by Customer or Its duly o authorized officer. Where ored which relate o the alleged os 1 and shall cooperate with and ass st Customer and shall shall use its beablst efforts to cause s Armored Express, ta agents, officers and employees to cooperate with and assist (Includin with inc.mitation, giving to Keys Armored 6cpress, Inc. all information that any such person May during regular business hours Customer's books, records andaccountsIIn the Investigation of any such loss. Failure of Customer to comply with th:foregoing y havaa�nceming the a)ieged loss and the circumstances surrounding the same) Keya Armored Expresyl Amored Express, Inc, of any (lability to Customer with respectP y or o dpaayy ab Imrolcea rendired to Customer by Keys Arm Express, Inc. hereunder shall relieve Keys to the loss of ny funds; securitin, Instruments and/or valuable articles delivered by Customer to Keys Armored Express, Inc. 7. Keys Armored Express, Inc. shall not be liable for the failure to perform services to be prov�kfed by rectly, by strikes, labor disturbances, riots, war, insurrection, act of Goct-or other cause or event d Keys Armored Eq�xpmroess, Inc. hero whore such failure is caused, directly or indi- Arrored Express, Inc. In the event such services cannot be performed by Keys Armored F xpreaa, Inc, dire to y o} the orof eyoTnA rod events, Keys Armored t arisiinPresa, lmd• shall deliver such shipments as shall have been theretofore delivered to it hereunder to the place from which such shipments Inc not arising oofgf tryg (dull of n�lgct�f Keys receipt therefor, and shall be responsible for the safekeeping of such shipments while t P Sim e�Mli beelnIt by Keys Armored Express, Inc., or to the designated consignee thereof, taking e 8. Notwithstanding an to the contrary herein contained, Keys Armorad Express, InC. shall not be held liablep for t Iona o} any funds, securities, instruments and/or valuable articles delivered to Keys Armored Express, Inc. hereunder arising directly or indirectly from the following:sh (a) hostile or war -like action in time of peace or war, including, without Ilmitation, tlon in hiderinp, ii bating or defending against an actual, impending or ex government or sovereign power (de Jura or de facto) or by any authority or power maintaining or tlellig Military, or Air Forces; or (iq by Military, Naval or Air Forces; or expected by an agent (1 agents of any such government, power, authority or forces it g petted attack, (i) by any (b) any weapon of war employing atomic fission or fusion or radioactive force whether in time of (c) insurrection, rebellion, revolution, civil war, usurped power, or action taken Peace or war, rence, seizure or destruction under quarantine or customs regulations, or usurped Pow by order of an pobvsrn �� authority in hindering, combating or defending (d) nuclear reaction or nuclear radiation or radioactive contamination, all whether conttrolll controlled aym�n�ro ' or risks and whether suchloss be directoror indirect, transportation or Oagainst any such ► remote, or be n whole or in part caused byy, contributed to or aggravated by the peril(s) against which Keys Armored all other provisions of this Agreement, direct loss by fire resulting from nuclear reaction or nucNiar iadlatton or radioactive contamination Is assumed by Keys Around Express, Inc.; (e) Acts of God. Preet< Inc. assumes liabilitycon hereunder, provided, however, thatArmored subject to the foregoing and Q , -C v i "EE0 CLAUSE from EXECUTIVE ORDER 11246 EQUAL EMPLOYMENT OPPORTUNITY. The Equal Employment Opportunity clause in Section 202, Paragraphs 1 through 7 of Executive Older 11246, as amended, relative to equal employment opportunity and the implementing Rules and RecTlations of the Office of Federal Contracts Compliance are incorporated herein by specific reference."