12/09/1998
FORM 221 RE\!. 8-94 PRINTED IN U,S,A,
BRINK'S BRANCH PERFORMING SERVICE
Monroe Board of Count Commissioners
Miami
FLORID,". pry::yCY
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NO. 630002 QIllntratt
MEMORANDUM OF AGREEMENT BY AND BETWEEN BRINK'S, INCORPORATED
dc.:7CuJv3
(FIRST PARTY) AND
Monroe Board of County Commisioners
(SECOND PARTY)
STATE
33040
ZIP
ADDRESS
Key West
CITY
FL
5100 College Road
IS ENTERED INTO THIS 24 t h DAY OF No v em b e r 19 ~. FIRST PARTY AGREES TO PROVIDE TRANSPORTATION
SERVICE IN ACCORDANCE WITH THE TERMS AND CONDITIONS STATED HEREINBELOW AND THE TERMS AND CONDITIONS
RECORDED ON THE REVERSE SIDE HEREOF, EXCEPTING THOSE THAT BY THEIR TERMS ARE INAPPLICABLE, SHAll BE CONSIDERED
A PART OF THIS CONTRACT.
SCHEDULE
( a )
SERVICE
Monroe Toll Facility
Card Sound Road
Key Largo FL
DAY OR DATE
Three days
per week
LIABILITY
CALL AT
$ 50.000.00
MAXIMUM
DELIVER TO
Designated Local Bank.
Following
Banking
Day
AVERAGE
CALL AT
Designated Local Bank.
(for receipt of change orders)
liOn Call1l-In
Conju oction
with (a)
delivery.
In Conjunction
with (a) Call
following day.
$ 5,000.00
( b )
MAXIMUM
DELIVER'TO
Monroe Toll Facility
Card Sound Road
Key Largo FL
AVERAGE
CALL AT
MAXIMUM
DELIVER TO
BRIC-A-BRAC PROVISO YESO N
RIDER EXECUTED CONTEMPORANEOUSLY WITH . ONTRAcrANP
MADE AN INTEGRAL PART HEREOF YESO "N .:'
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\A6fi~!A~;'l. KOLHAGE CLERK
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CALL AT
DELIVER TO
CHARGES FOR THE SERVICES PROVIDED HEREINABOVE SHALL
BE THOSE AS SPECIFIED IN A SEPARATE RATE SCHEDULE MADE
A PART HEREOF AND INCORPORATED HEREIN BY REFERENCE,
EFFECTIVE DATE OF CONTRACT
14 t h DAY OF De c em b e r 19 ~ AND SHAll
CONTINUE FOR A PERIOD OF 0 n eye a r AND
THEREAFTER FROM YEAR TO YEAR UNTIL CANCELLED, BY
EITHER PARTY, ON THIRTY DAYS WRITTEN NOTICE PRIOR TO ANY
ANNIVERSARY DATE HEREOF.
BAIN?8:~k
ACCEPTED:
Monroe Board of County Commissioners
EXECUTIVE VICE PRESIDENT.. NORTH AMERICA
Monroe Boa~d of County Commissioners
SUPERSEDES AND CANCELS
CONTRACT DATED
516511
BY:
(SEE REVERSE SIDE)
CONTRACT
.
1, First party agrees to call for sealed shipments said to contain moneys, checks, and/or securities, to receipt therefor, and to deliver same in like condition to a designated
consignee. (When applicable, other services shall be performed by first party as indicated on riders attached hereto). , ,
2, :he schedule outlined on the reverse side (or riders) shall be performed during regular business hours at the time first party's regular route is in the immectiate
area of the consignor's and consignee's location(s), No service shall be performed on Sundays or holidays observed by first party's local office(s) performing the service
under thi3 contract, unless otherwise stipulated in the contract. The meaning of the word' 'Daily," when and if used in the schedule on the reverse side (or riders), shall
be understood to be exclusive of Sundays and holidays, In the event of inclement weather or some other irregularity performance shall be as mutually agreed upon,
3, (a) First party agrees to assume the liability for any loss of any shipment up to and inCluding the maximum amount stated under the schedule of this contract
(or rider), First party's liability shall commence when any shipment has been received into first party's possession upon a receipt being given therefor and shall terminate
when same ~as been delivered to the designated consignee or returned to the consignor in the event that delivery cannot reasonably be made, It is specifically understood
and agreed that first party's maximum liability for any loss of any shipment is up to (but not exceeding) the aforesaid liability notwithstanding anything to the contrary
contained in any invoice, receipt or other document delivered by first party relating to any shipment transported under this contract.
(b) It is understood and agreed that in performing the services provided for herein, first party shall have no responsibility to ascertain the contents of any shipment
received by first party hereunder, and assumes no liability for any shortage claimed within any distinctively and securely sealed shipment. In furtherance thereof, in case
any shipment is delivered to first party either not distinctively and securely sealed or is closed and fastened with a lock device operated by a key or combination, said first
party shall in no event be liable for any shortage claimed within any such shipment.
(c) A' 'distinctively and securely sealed shipment" is one whereby the container(s), used to hold the property to be transported, has been closed and fastened with
a device having a distinguishing mark that can be clearly seen and recognized as the consignor's special mark. Said device is attached to the container(s) so that the prop-
erty is enclosed and firmly fixed therein and said device cannot be removed and reapplied to the container(s) without leaving visible '3xternal evidence of tampering with
the container(s),
(d) One "shipment" as used herein, shall be deemed to mean any sealed item or items received by first party at the same time at one location from a single consignor,
wnlcn is or are the subject of consignment for delivery to one other location of a single consignee,
4, The fOllowing clause shall apply to this contract when stipulated on the reverse side, to wit:
BRIC-A-BRAC PROVISO - Second party shall package the commodity or commodities stipulated hereinabove so that same will not be susceptible to damage during
the transference thereof. First party agrees to use due care and caution in handling said property but it is agreed that first party shall not be liable for any damage to said
property unless caused by fire, lightning, theft and/or attempted theft, cyclone, tornado, windstorm, earthquake, flood, explosion, collision or overturn of conveyance.
The liability of first party shall in no event exceed the limit of liability stated under the schedule of this contract (or rider),
5. First party is not an insurer hereunder and shall not be liable under any circumstance whatsoever for consequential losses or damages. First party shall obtain and
maintain, at all times during the term of this contract, insurance payable to first party in such amounts and against such risks as shall adequately cover the liability of first
party assumed under this contract, it being agreed that either party may cancel this agreement upon thirty (30) days written notice in the event first party's insurer notifies
first party of its intention to cancel or substantially alter first party's all risk insurance coverages.
6. First party shall not be liable for non-performance or delays not caused by first party's fault or neglect, nor for non-performance or delays caused by strikes, lockouts
or other labor disturbances, riots, authority of law, acts of God or means beyond first party's control; but first party agrees to be liable for the safety of any property received
into its possession at any time not to exceed the maximum amount stated in this contract.
7. It is agreed that first party shall not be liable for non-performance, delays or loss or damage caused by or resulting from: (a) War, hostile or warlike action in time
of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack, (1) by any government or sovereign power (de jure
or de facto), or by any authority maintaining or using military, naval or air forces; or (2) by military, naval or air forces; or (3) by an agent of any such government, power,
authority or forces; (b) any weapon of war employing atomic fission or radio-active force whether in time of peace or war; (c) insurrection, rebellion, revolution, civil war,
usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence or confiscation by order of any government
or public authority; (d) nuclear reaction or nuclear radiation or radio-active contamination, all whether controlled or uncontrolled, and whether such loss be direct or in-
direct, proximate or remote, or be in whole or in part calJsed by, contributed to, or aggravated by the peril(s) against which first party assumes liability in this contract;
however, subject to the foregoing and all provisions of this contract, direct loss by fire resulting from nuclear reaction or nuclear radiation or radio-active contamination
is assumed by first party,
8, (a) Second party agrees to declare to first party the value of each shipment handled by first party hereunder, it being further agreed that second party will never conceal
or misrepresent any material fact or circumstance concerning the property delivered to first party and shall be bound in all events by such declaration of value. In the event
of loss or damage to second party's property under this contract, second party shall give written notice to first party within twenty four (24) hours after discovery of any
such loss or damage, but in no event more than sixty (60) days after delivery to first party of the property in connection with which such claim is asserted, and unless
such notice shall have been given all such claims shall be deemed to have been waived, No action, suit or other proceeding to recover for any such loss shall be brought
against first party unless said notice shall have been given to first party as aforesaid and unless such action, suit or proceeding shall have been commenced within twenty
four (24) months after delivery of the property to first party.
(b) Second party agrees to maintain a record of all property placed in any shipment and to promptly and diligently assist first party to establish the identity of any
propel1y lost, mutilated or damaged in any shipment. In furtherance thereof, second party agrees to unremittingly take such steps as may be necessary to assure the
maximum amount of salvage at a minimum cost, it being specifically understood that irrespective of the face value of any checks or other financial instruments contained
in any such shipment, first party's liability for said checks or other financial instruments shall be the cost to identify and replace same (provided, however, first party's
liability for those checks or financial instruments which cannot be identified shall be the face value thereon, However, in no event shall first party's liability exceed the maximum
amount stated under the schedule of this contract (or rider), inclusive of any other property contained in such shipment. Affirmative written proof of the piOperty lost or
destroyed, subscribed and sworn to by second party and substantiated by the books, records and accounts of second party, shall be furnished to first party.
9, Second party agrees to comply with The Private Express Statutes (United States Postal Laws and Regulations) in the preparation of all shipments. Second party
shall affix or cause to be affixed the proper postage to the shipments which are not exempted under The Private Express Statutes prior to tendering same to first party
for transportation.
10, (a) This contract constitutes the entire agreement between the parties with respect to the subject matter hereof and shall supersede all prior and/or contemporaneous
offers, negotiations, promises, exceptions and understandings, whether oral or written, between the parties hereto: This contract may be altered, amended or supersed-
ed in writing signed by the parties or by an executed oral agreement.
(b) The failure of any party to insist upon strict adherence to any term of this contract on one or more occasions will not be considered a waiver or deprive the party
af the right thereafter to insist upon strict adherence to that term or any other term of this contract.
(c) The illegality or invalidity of any paragraph, clause or provision contained in this contract shall not affect or invalidate the remainder of the contract.
11, (a) For the services provided in this contract and on any rider made a part hereof, second party agrees to pay first party, upon presentation of periodic invoices,
the charges set forth in a separate rate schedule(s) made a part hereof and incorporated herein by reference, The charges specified on first party's invoices, letters, or
other writings shall be made an integral part of the rate schedule, provided that second party may, by written notice to first party within 20 days of invoice date, reject
any different invoice charges not previously stated in first party's invoices, letters or other writings, It is further agreed that the rates applicable to first party's coin wrappil}Q., t:
service are based upon first party's experience in first party's count of such property, .)JI C ,+--" 25
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(8) PllQ9ral, atat9" aRQ LeBal tal(llG, ';.:1;I9r9 illlll'i8ilIl19, sl;lalllle a~llell t6 the ehaf~1l5 slllleifiell ifl the fate !lehe!lllle(B).- x l\~
((') All chtJr9~1' r~m~ining IInpi\itj ~f:!~rtQ~ iR\loic~ dIJi dati lA'i11 bi ~Wbjllct tll ~ ~iwil:g Q~a~Qll IIf 11~% ~gr mllRUl, ~wt iR Rll 9~'9j:]ttll 91(89811 th8 higkest rate 1l11l~'1re6
by ~pplil:a~lllla'" ~JQt~iRg RiriiR I:IIRt:l.IRid ~f;j~1I ~i I:gR~trWllQ tQ /gllwilij ~9SQRQ flaFt}' tll flay a &9r;ris9 sRar~9 at a rat9 !j/9at8r tt.laA that alle'Nell B't lllllllielll3lt: Ill...
12, It is understood and agreed that if second party defaults in the full and timely payinent to first party of any monies due to first party pursuant to this contract and
the terms stated in first party's invoice, or otherwise defaults in the performance of any of second party's other obligations to first party, then second party shall also be
responsible for, including, but without limitation, the repayment of any legal fees and other costs and expenses incurred by first party in the collection thereof, (which
monies, obligations, fees, costs and expenses shall hereinafter be collectively referred to as the "Unpaid Obligations"), and first party, in addition to any and all other rights
and remedies provided for in this contract and under the Uniform Commercial Code of the State of " nless otherwise provided herein, shall be permitted to
retain as a credit and to offset against such Unpaid Obligations, on a dollar for dollar basis, any m nies, securities, valuables, and other property of second party which
second party shall have deposited or caused to have been deposited with or otherwise delivered to fi party for safekeeping, transportation, processing or any other purpose.
1~, The laws of the state of 88Afle~tiellt sha,lll,goy.ern tt)e .~ty of this contract, the constr tion of its terms, an~ tt)fJ interwe~tion of the rights and duties of the
parties hereto. t='ond~ i~ .~ FUl-(1)A ~/ ~
IN WITNESS WHEREOF: First party has caused this contract to be signed by first party's executive vice president at Darien, Connecticut, and countersigned locally
by a duly authorized representative of the company on the reverse side. This contract is subject to approval by one of first party's authorized officers at Darien, Connecticut.
FL.C ~
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RATE SCHEDULE
, 1 ~ (and, where
(second party).
Effective: December 14th, 1998
Rate for Items (a) and (b): $1,950.00 per month
It is understood and agreed that services provided for
under this contract shall be rendered at the rates stated
herein above for a period of one year from the effective
date of this contract and on each succeeding one year term
thereafter the rates of compensation may be subject to an
increase in an amount not to exceed ten percent (10%) of
the then current rate.
Brink's, Incorporated observes the following holidays:
New Years Day, Presidents Day, Memorial Day, Veterans Day,
Labor Day, Columbus Day, Thanksgiving Day, Christmas Day,
Martin Luther King Jr. Day and Independence Day. Holiday
service (subject to availability) upon request for an
additional charge per pick-up/delivery.
FUNDING AVAILABILITY:
In the event that funds from Card Sound 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 COUNTY by
written notice of termination delivered in person or by mail to -BRlNKS. The COUNTY shall not be
obligated to pay for any services .pRMlIIl!ld-'by~ _s .feceMMl ~en notice of
termination.'
PUBLIC ENTITIES CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may
not submit. a bid on a contract with a public entity for construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in Section
287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list. (CATEGORY TWO: $15,000.00).
Form RS