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Item C21BOARD OF COUNTY COMIVIISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 28, 2009 Division: Budget and Finance Bulk Item: Yes X No Department: Purchasing Staff Contact Person Carlos Victores AGENDA ITEM WORDING: Approval of a new contract with Buccaneer Courier for a period of 2 years commencing on March 16`h 2009 and ending on March 151h 2011 with an option to renew for 2 additional 2 year periods. The current Contract for Monroe County's Courier Service expires on March 15, 2009. ITEM BACKGROUND: On January T, 2009, bids for the County's Courier Service were opened with 2 responses received. One from GCR Distributing Corp @ $ 185.00 per stop per month and one from the current contractor Buccaneer @ $ 190.00 per stop per month, which is the same as the current contract calls for. Buccaneer has been the courier service provider for the County for 15 years and has done an exceptional job. His familiarity with all locations throughout the keys and the trust he has earned from all the departments far outweighs the $5.00 per stop difference that we would save. It is for these reasons that I recommend approval of contract award to Buccaneer Courier. PREVIOUS RELEVANT BOCC ACTION: On March 19, 2008 the BOCC approved a renewal of the existing contract for the 4rh year of the original 4 year term dated March 1, 2005. CONTRACT/AGREEMENT CHANGES: None. The costs are the same as the current contract. STAFF RECOMMENDATIONS Approval of award of contract to Buccaneer Courier TOTAL COST: $72,960 INDIRECT COST: N/A BUDGETED: Yes X No COST TO COUNTY: 66 120* SOURCE OF FUNDS: Ad Valorem *State funds/Health Dept. pay $6,840 of total cost per year ($190 per stop x 3 stops per month = $570 per mo x 12 months) REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year APPROVED BY: County Attyc 3/Purchasing Risk Management�� DOCUMENTATION: Included X Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # e MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Bucanner Courier Contract # Effective Date: 3/16/2009 Expiration Date: 3/15/2011 Contract Purpose/Description: Courier service for Monroe County, FL Contract Manager: Carlos Victores 4466 Purchasing (Name) (Ext.) (Department/Stop #) for BOCC meeting on 1/28/09 Agenda Deadline: 1/13/09 Total Dollar Value of Contract Budgeted? Yes® No ❑ Grant: $ County Match: $ CONTRACT COSTS $ 72,960 Current Year Portion: $ 42,560.00 Account Codes: 001-06030-530-340- *State funds/Health Dept. pay $6,840 of total cost per year: ($190 per stop x 3 stops per month = $570 per mo x 12 months)- - ADDITIONAL COSTS Estimated Ongoing Costs: $200/yr For: Bags, tags, repairs to lock boxes (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed eview r Division Director /E Yes❑ No - C Risk Manage ent (� "'��i Yes❑ NoZ O.M.B./PurchAing Ln -lam? Yes[:] No County Attorney 10Yes❑ No CyL Comments: Date Out CONTRACT THIS AGREEMENT, made and entered into this 16`h day of March, 2009, A.D., 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 of 24" wide, 1T' deep and 48" high. Page 1 of 7 Contract Bucanner Courier BOCC 1/28/09 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 30a' 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 CONDITIONS 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. 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. 3.04 TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of two (2) years, commencing March 16t' 2009 and terminating March 15t' 2011, unless the option to renew is exercised by the Owner and Contractor. B. 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-U) for the most recent twelve (12) months available. 3.05 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 Page 2 of 7 Contract Bucanner Courier BOCC 1/28/09 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 his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 3.07 ASSURANCE AGAINST DISCRE IINATION 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: 1) Title V11 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 Page 3 of 7 Contract Bucanner Courier BOCC 1/28/09 r 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 INSCKLST 1-5, as further detailed on forms WC 1, GL 1, and VL 1, 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 AVAH ABILITY 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. Page 4 of 7 Contract Bucanner Courier BOCC 1/28/09 3.12 PROFESSIONAL RESPONSIBILITY 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: FOR CONTRACTOR: Monroe County Purchasing Office Buccaneer Courier l 100 Simonton Street, Suite 1-213 P. O. Box 430763 Key West, FL 33030 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. Page 5 of 7 Contract Bucanner Courier BOCC 1/28/09 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. 319 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 parry to this agreement shall be required to enter into any arbitration proceedings related to this agreement. Page 6 of 7 Contract Bucanner Courier BOCC 1/28/09 IN WITNESS WHEREOF the parties 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) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: Deputy Clerk Date: (SEAL) Attest: By: ��� ✓� Witness C, r(os V(&T rc--, By: Wit G-rht urtrcy Contract Bucanner Courier BOCC 1/28/09 By: Mayor/Chairman CONTRA By: Title:/ //-/? 4 �� v - t v -(, Page 7 of 7 MONROE COUNTY ATTORNEY O0APPROVED � AS TO FORM: CHRISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date —TT� d s } c Y ,d 4- N s � Z O Z O N N -n Q �4- a a > d p a O a O o a� LL U) (n s I- a zLLI � a Z p Z a ui a z -o M C Q o o 'd Q W �_41) Lti rn W Q O co�►- � a d i W U6 W p a 3 WORN O o o UWZ ° ZZON Z (A L LL o MQQ a �_ LL V C U _ -a -a u s s �Z Q Q -a — N a to W m m a z g' o in ui U' p a d Z W D �� N m LLI O O U a `o s V .. v c a c tY > o a ZOaC QU VyN� cn BLS } Z O () C') W '-' °' } - a Z d v 4- '> o oWC O da +'� v CO w +s- 4 o co -0 (n Q o i V U- C U p u co.0 w s 4la- 72 6H to Cd Fidelit: National Property and Casualty Insurance Company P.O. Box 33003 St, Petersburg, 1'I, 33733-81►1►3 l-800-820-3242 BFL 99.023 1105 1390217 12/26/08 Policy Number 09 2510082306 2000 00000 FLD Flood Prior Policy Number 05 09 2510082306 04 RGLR Agent (305)289-0213 THE JOHNSONS INSURANCE AGENCY 13361 OVERSEAS HWY MARATHON FL 33050 Date of Notice 12/26/08 i _._ _-J MONROE COUNTY BOARD OF COUNTY PO BOX 1026 KEY WEST FL 33041-1026 Insured property address indicated on reverse side of this notice. IM Renewal Notice Renewal Policy Period From: 2/20/09 To: 2/20/10 ' Dear Insured: � Ib f0j It's TIME TO RENEW your Flood insurance policy. Your current policy expires on 2/20/09 at 12:01 a.m. standard time. To ensure continued coverage with us, you need to make your payment on or before the expiration date of your current policy. If you are paying by check, please use the payment coupon at the bottom of this notice. Or if you would like to pay by credit card, please use the credit card payment coupon enclosed with this notice. If the coverage amount(s) shown under Option A or the payor listed below is incorrect, please call your Agent OPTIONS AMOUNT OF COVERAGE PREMIUM DUE Option A: Pay this amount to renew your policy with the same BUILDING $200, 000 ONE-YEAR POLICY $3 , 090. 00 coverage amounts as your current policy (as shown in the next box). CONTENTS $122 , 300 Option B: Pay this amount to renew your policy with increased BUILDING coverage amounts (as shown in the next box) due to increased $220, 000 ONE-YEAR POLICY property values. CONTENTS $128 , 400 If your mortgagee is the payor of this policy, this notice is for your records only. Please RETURN BOTTOM PORTION along with your payment to the mailing address below. Please WRITE POLICY NUMBER ON CHECK Due Date: and make payable to: Fidelity National Property and Casualty Option A Insured: MONROE COUNTY BOARD OF COUNTY Option B To Be Paid By: Insured PO Box 33070 St. Petersburg, FL 33733-8070 02000 00000 FLD* RGLR 008467709251008230608361 092510082306 05 00309000 00006 Insured $3,178.00 2/20/09 $3,090.00 $3,178.00 RE 0317800 8 Policy Number 09 7700013332 2000 00000 FLD Flood Fidelih National Property and ('asualt Insurance C�onrpanc BFL 99.023 1 105 P.O. Ilex 33003 4138409 St. Petcrsburg, Fl,33733-8003 12/28/08 Prior Policy Num 06 09 7700013332 RGLR Agent (305)294-2542 I �EGE(VED 05 EJA2 XW `llil IT Date of Notice 12/28/08 THE PORTER—ALLEN COMPANY INC MONROE COUNTY BOARDOF COUNTY 513 SOUTHARD ST COMMISSIONERS ATTN RISK MGMT KEY WEST FL 33040 1100 SIMONTON ST KEY WEST FL 33040-3110 Insured property address indicated on reverse side of this notice. Renewal Notice Renewal Policy Period From: 2/22/09 To: 2/22/10 `�(� Dear Insured: It's TIME TO RENEW your Flood insurance policy. Your current policy expires on 2/22/09 at 0 M. Yi standard time. To ensure continued coverage with us, you need to make your payment on or before the expiration date of your current policy. If you are paying by check, please use the payment coupon at the bottom of this notice. Or if you would like to pay by credit card, please use the credit card payment coupon enclosed with this notice. If the coverage amount(s) shown under Option A or the payor listed below is incorrect, please call your Agent OPTIONS AMOUNT OF COVERAGE PREMIUM DUE Option A: Pay this amount to renew your policy with the same BUILDING $109 , 000 ONE-YEAR POLICY $368. 00 coverage amounts as your current policy (as shown in the next box). CONTENTS $0 Option B: Pay this amount to renew your policy with increased BUILDING $119 900 ONE-YEAR POLICY $401 . 00 coverage amounts (as shown in the next box) due to increased property values. CONTENTS $0 If your mortgagee is the payor of this policy, this notice is for your records only. Please RETURN BOTTOM PORTION along with your payment to the mailing address below. Due Date: 2/22/09 Please WRITE POLICY NUMBER ON CHECK and make payable to: Fidelity National Property and Casualty Option A $368.00 Insured: MONROE COUNTY BOARDOF COUNTY Option B $401.00 To Be Paid By: Insured PO Box 33070 St. Petersburg, FL 33733-8070 Irrilrrrlirlrrrittllrrtllritrltiltrrltt,Illrrrl,r,lilttririrtl 02000 00000 FLD* RGLR 097700013332 06 00036800 RE 0040100 5 008713709770001333208363 00001 Insured InThy forgotto their bags lost night! h Courier, StoPstLi1 EXHIBIT A (32 Courier Stops) T forgot the stop number... 1 I Monroe County Courier Service Stotts STOP #1 The Historic Gato Cigar Factory 1100 Simonton Street The Mail Room Key West, Florida 33040 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 Dept. The Historic Gato Cigar Factory 1100 Simonton Street, 1' Floor Key West, Florida 33040 STOP #2 A Monroe County Health Care Center (Depoo Hospital) Kennedy Drive Key West, Florida 33040 CAD County Administrator SAF Safety Office ART Monroe Council of the Arts GRP Group Insurance WKC Workers Compensation PER Personnel Office OMB Budget Office PUR Purchasing Office GRT Grants Office CDF Code Enforcement CSD Community Service Division EXS Extension Services SSD Social Services Dept. PWD Public Works Division CMD Construction Management ENG Engineering Department SWM Solid Waste Management ART Monroe Council of the Arts DOH Department Of Health DOH Department Of Health EXHIBIT A (32 Courier Stops) STOP #2 B DOH Department Of Health Monroe County Roosevelt Sands Center Olivia Street Key West, Florida 33040 STOP #3. 1201 White Street, Suite 102 TDC Tourist Development Council Key West, Florida 33040 STOP #4, 3583 S. Roosevelt Blvd. FMS Fleet Management Service Key West, Florida 33040 PFM Public Facility Maintenance RDS Road Department STOP #5, 3491 S. Roosevelt Blvd. APK Airport Director's Office Key West, Florida 33040 STOP #5-B. The Harvey Govt. Center TSD located in the Historic Truman Building VAD 1200 Truman Avenue TAX Key West, Florida 33040 LAT STOP #6, Technical Services Dept. Veteran Affairs Dept. Tax Collector, I' floor Land Authority 700 Fleming Street LIB Key West Library Key West, Florida 33040 EXHIBIT A (32 Courier Stops) STOP #7 502 Whitehead Street Key West, Florida 33040 STOP #8, Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 STOP #9 5:10 PM Monroe County Bayshore Manor 5200 College Road Key West, FL 33040 5:10 PM Juvenile Justice Building 5503 College Road Key West, FL 33040 STOP #10 5:40 PM Cudjoe Key Transfer Station MM #21.5 Blimp Road Cudjoe Key, Florida 33042 CAY County Attorney RSK Risk Management WIG Commissioner Wigington CAR Commissioner Carruthers CTA Court Administrator CLK Clerk of the Courts PAO Property Appraiser Office FIN Finance Department PAY Payroll Department SOE Supervisor of Elections STA State Attorney SSB Bayshore Manor SHF Sheriff Dept, BLD Building Dept. (RM #2030) NDF New Detention Facility MPC Marine Projects (RM #2024) GAL Guardian Ad Litem PTS Pre -Trail Services HAZ Hazardous Waste Transfer Station EXHIBIT A (32 Courier Stops) STOP #10-A (last stop on way back) #25 Ships Way Big Pine Key, FL 33043 STOP #10-B 6:00 PM Big Pine Key Library Big Pine Key Shopping Center 213 Key Deer Blvd. Big Pine Key, FL 33043 STOP #11 6:30 PM Monroe County Regional Service Ctr. 2798 Overseas Highway, MM 47.5 (gulf) Marathon, Florida 33050 STOP #12 6:35 PM Marathon Sheriffs Office 3101 Overseas Highway, MM 48 (ocean) Marathon, Florida 33050 NUG Commissioner Neugent LIB Big Pine Key Library FIR Big Pine Key Fire Rescue GMD Growth Management BLD Building Dept. PLN Planning Dept. MRD Marine Resources EVR Environmental Resources CDF Code Enforcement PFM Facility Maint. (Bldg. Super.) PAO Property Appraiser Office EXS Extension Service EMC Emergency Communications SHF Sheriffs Department CTH Courthouse TAX Tax Collector CLK Clerk STOP #13. 6:40 PM Marathon Library LIB 3251 Overseas Highway, MM 48 (ocean) Marathon, Florida 33050 EXHIBIT A (32 Courier Stops) Marathon Library STOP #14 6:50 PM Marathon Government Annex 490 63rd Street (ocean) Marathon, Florida 33050 STOP #15 7:00 PM Marathon Airport 9000 Overseas Highway, MM 51.5 Marathon, Florida 33050 7:10 PM Marathon Public Works 10600 Aviation Blvd. Marathon, Florida 33050 STOP# 17 7:35 PM Long Key Transfer Station MM 68 U.S. #I (gulf) Long Key, Florida 33001 STOP #18 7: 50PM Islamorada Library MM 8 1. 5 U. S. # 1 (gulf) Islamorada, Florida 33036 Fire Marshall EMS Emergency Medical Services EMG Emergency Management FRD Fire Rescue SSD Social Services VAD Veteran Affairs TRS Translator SOE Supervisor of Elections APM Airport Manager's Office PSD Public Safety Division Office HRS Health Department RIC Commissioner DiGennaro RDS Road Department PFM Facility Maintenance ENG Engineering FMS Fleet Management Service IC EXHIBIT A (32 Courier Stops) Transfer Station only Islamorada Library STOP #19 Plantation Key Public Works 186 Key Heights Dr, MM 88-89 (gulf) Plantation Key, Florida 33070 HRS STOP #20. 8:15 PM Ellis Building PWD Public Works EMG Emergency Management Health Department FMS Fleet Management Service ENG Engineering I: AD 88800 Overseas Hwy, MM 88-89 (gulf) TAX Plantation Key, Florida 33070 PAO PLN STOP #21 8:20 PM Plantation Government Center 88820 Overseas Hwy, MM 88-89 (gulf) Plantation Key, Florida 33070 SOE STOP #22, 8:35 PM Key Largo Volunteer Ambulance Corp. 98600 Overseas Hwy, MM 98.6 (median) Key Largo, Florida 33037 STOP #23. 8:45 PM Tradewinds Plaza. SSD VAD CDF CLK KLV UKT LM 101485 Overseas Hwy, MM 101.485 (ocean)TAX Key Largo, Florida 33037 EXHIBIT A (32 Courier Stops) Building Dept Tax Collector Property Appraiser Office Planning Dept. Social Services Veteran Affairs Supervisor of Elections Code Enforcement Clerk of Court 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 9:15 PM Cardsound Toll Bridge County Road 905A US #AlA STOP #26 9:40 PM Damaron Building 99198 Overseas Highway, Suite 11 Key Largo, FL 33037 Approx. 11:00 PM CDS MUR EXS EXHIBIT A (32 Courier Stops) Transfer Station only Card Sound Bridge Commissioner Murphy Extension Service COURIER SERVICE AGREEMENT Fourth Renewal Fourth C�Z= e Agreement Renewal ("Fourth Renewal") is entered into this �y of 2008, between the Monroe County Board of County Commissioners ("County") and Buccaneer Courier (`Buccaneer"). WITNESSETH: WHEREAS, on March 15, 2005, the parties entered into a one year contract for courier services with options to consecutively extend the contract for additional three one-year terms; and WHEREAS, the contract was amended on January le, 2006 for an increase of $ 10.00 per courier stop per month; and WHEREAS, the contract still has one option for additional one-year term; and WHEREAS, County desires to exercise its option to extend the contract from March 16, 2008, until March 15, 2009, and deems said arrangement to be in the best interest of the County; NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree to renew and extend the existing contract, as previously amended, as follows: 1, The agreement shall be extended for a one-year period commencing March 16, 2008, and ending March 15, 20K 2. In all other respects, the Agreement entered March 15, 2005, as amended January 18, 2006, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in their ct�i'vc names. 0 BOARD OF COjUqTY COMMISSIONERS L. NO HAGE, Clerk OF MONROE , FLORIDA .� By. uty C erk Mayor Charles "S y" McCoy � F BUCC C R By - -o t� .e- 7 MONROE COUNTY ATTORi�EY tv Af,PROVErLA TO FORM: HRISTINE . 1. M ER ARROW ' ASSIFANT O TTORNEY Date TT COURIER SERVICE AGREEMENT Second Renewal This Second Renewal of Agreement is entered into by and between Monroe County, a political subdivision of the 't to of Florida and Buccaneer Courier (`Buccaneer"} this day of �, 2007; WTINESSE"rH: WHEREAS, the parties entered into a Contract for Courier Service dated March15, 2005, and executed a First Renewal of that Contract in 2006; WHEREAS, there was an Amendment to Contract on January 18, 2006; and WHEREAS, in paragraph 5. TERM OF CONTRACT/RENEWAL this contract is renewable for three additional one-year periods. At this time there are 2 one-year periods remaining as an option for renewal; and WHEREAS, the County desires to exercise its option to extend the contract from March 15, 2007 through March 14, 2008; and NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree to renew and extend the existing contract, as previously amended, as follows: This agreement shall be extended for a one-year period commencing March 15, 2007, and ending March 14, 2008, 2. The rate of $190.00 per month per courier stop shall remain the same as agreed to in Amendment to Agreement dated January 18, 2006. In all other respects, the Agreement entered March 15, 2005, as amended January 18, 2006, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed i-^-t-ive names. C- 1 . KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE f` COUNTY, FLORIDA 0 Deputy Clerk Mayor, Mario 456nnaro-j MONROE COUNTY ATTORNEY BUCCANEER C RA_R_� PPRO AS FORM: SU AN M. I $ EY ASSISTANT COUNTY ATTORNEY By Date-� L)-1 .�... ----�•rrr ,a;� ! COURIER SERVICE AGREEMENT First Renewal THIS First Courier Service Agreement Renewal ("First Renewal") is entered into this 19th day of April, 2006, between the Monroe County Board of County Commissioners ("County") and Buccaneer Courier ("Buccaneer"). WITNESSETH: WHEREAS, on March 15, 2005, the parties entered into a one year contract for courier services with options to consecutively extend the contract for additional three one-year terms; and WHEREAS, the contract was amended on January 18", 2006 for an increase of $ 10.00 per courier stop per month; and WHEREAS, the contract still has three options for additional one-year terms; and WHEREAS, County desires to exercise its option to extend the contract from March 15, 2006, until March 14, 2007, and deems said arrangement to be in the best interest of the County; NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree to renew and extend the existing contract, as previously amended, as follows: 1. The agreement shall be extended for a one-year period commencing March 15, 2006, and ending March 14, 2007. 2. In all other respects, the Agreement entered March 15, 2005, as amended January 18, 2006, shall remain in full force and effect. IN -WITNESS WHEREOF, the parties have caused these presents to be executed in their -� - KOLHAGE, C1e><k �puty clerk v o C) Vim C:) BOARD OF C OF MONROE By._ Mayor COMMISSIONERS Y, FLORIDA McCoy MONROE COUNTY ATTORNEY APPROVED AS TQ FORM; SU N M. GRIMSLEY ASSISTA14T COUNTY ATTOR Y CONTRACT FOR COURIER SERVICE THIS AGREEMENT, made and entered into this 15th day of March, 2005, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner"), and Buccaneer Courier, (hereinafter called the "Contractor") - WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1. THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the RFP, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation 2. SCOPE OF THE WORK The Contractor shall provide comer service as specified. Locations to be serviced see Exhibit A. 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 fan Deliveries - Deliveries to Stop #1 made will include opening the bags and distributing mail in deparnnent 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 nursed should changes to the list occur. Deliveries to all locations 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 Materials to be transported. Contractor will be required to transport mail, cash, computer printouts, office supplies, etc. contained in colored courier bags and general office supplies so long as they are boxod, sealed and weigh no more than 50 pounds per box. Bakes being used for the transportation of copy machine paper and general office supplies may be no longer than I r wide, 15" deep and loth high. Provision of Lock Boxes. Lock boxes for the purpose of temporarily storing items until such time as they are picked up by Contractor will be installed at each location Exceptions: Stop #1 through Stop #8 will not need a lock box as they are serviced 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 Purdnasing Policies and Procedures. Lock Boxes will be a minimum of 24" wide, 17" deep and 48" high Provision of mail bags. Mail bags are to be used as the won media of choice and are to be provided by Owner. Maul bags being used for transportation may be no larger than 18" wide, 5" deep and 30" high Safety and protection The Contractor shall be responsible for initiating, maiming, and wising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: All employees on the work site and other persons and organizations who may be affected thereby, All the work and materials and equipment to be incorporated therein, whether in storage on or off the site; and Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and underground ficifities. The Contractor shall comply with all applicable laws and regulations of any public body having junisdiction for the safety of persons or property or to protect them from damage, injury, or loss. Indemnific-atiort To the fullest extent permitted by laws and regulations, the Contractor shall indemnify and hold harmless the Owner and the Owner's consultants, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals, and court costs) arising out of or resulting from the performance of the wok, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, or person or organization directly or indirectly employed by the Contractor to perform or f ash any of the work or anyone for whose acts any of them may be liable regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by law and regulations regardless of the negligence of any such part. In any and all claims against the Owner or any of the Owner's consultants, agents or employees by any employee of the Contractor, or any person or organization directly or indirectly employed by the Contractor to perform or furnish any of the work or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by and limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or other person or organization under workers' or workmen' compensation acts, disability benefit acts, or other employee benefit acts. 3. 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 invoice the County monthly for services rendered m accordance with the rates of $180.00 rues month. oer courier stop. 4. CONTRACTOR'S ACCEPTANCE OF CONDITIONS All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their suffliciency for the work to be done. Under no cam. conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. 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. 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 m 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 motions. S. TERM OF CONTRACT/RENEWAL This contract shall be for a period of one (1) year, commencing Mardi 15, 2005 and terminating March 15, 2006. The County shall have the option to renew this agreement after the first year, and each succeeding year, for three additional one year periods. The Contract amount agreed to herein might be adjusted annually in accordance with the percentage dnauge in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve (12) months available. 6. 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 mjurry (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 reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the Canty from any and all increased expenses resulting from such delay. The first ten dollars (SI0.00) of 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 7. 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 oonsuued so as to find the oontractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. S. ASSURANCE AGAINST DISCRU IINATION a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each panty 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 Clack determines that monies paid to Contractor pursuantt to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. b) Interpretation, Costs, and Fees: The County and Contractor 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. The County and 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 attoney's fees, court costs, investigative, and out-of- pocket expenses, as an award against the non -prevailing party, and shall mchrde attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursaut 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. c) 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 toms, 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 Contractor agree to reform the Agreement to replace any stricken provision with a valid provision dial comes as close as possible to the intent of the stricken provision. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) 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. g) Claims for Federal or State Aid. Contractor 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 handing solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and dMagroemerts 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 nnaet 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 the parties, than any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 0 Cooperatim In the event any admmisft-&ve or legal proceeding is instituted against ether party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the subsW= of this Agreement or provision of the services under this Aft. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. County and Contractors 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 discniminuation has occurred, this Agreement automatically terminates without any further action on the part of any party, effec m the date of the covet order. County or 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 VI of the Civil Rights Act of 1%4 (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 1685-1696), which prohibits discrimination an 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 a (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 motion 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 VM of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the We, 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) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any mterest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. Canty 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. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to twit it has neither employed nor retained any company or pawn, 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, the Contractor 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. n) Public Access. The County and Contractor shall allow and permit 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 made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. o) Non -Waiver of Immunity. Notwithstanding he provisions 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 government liability mstrtunoe pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, orhmmces, 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 performing 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 limbs of the County. q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Aft 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 thereof by 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 permitted by the Florida constitution, state statute, and case law. r) 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 thirdTarty claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Cartractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indictee 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. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) 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 n) 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 sane instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. v) 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 of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing 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 agmod-upon price of the services/goods of the contractor. 10. 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 m rilating 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 tins contract. 11. INSURANCE Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms WC1, GLl, and VLI, each attached hereto and i corporated 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 Denmtmew 12. FUNDING AVAQ.ABUMN In the event that funds from Purchasing Office Contractual Services are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated unmedu trly at the option of the Board of County Commissioners by written notice of won delivered in person or be mail to the oonawtor. The Board shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. 13. PROFESSIONAL RESPONSIBRM The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein descrlbed, subject to the terms and conditions set forth in these contract documents The provider shall at all times 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 appropriate local, state, and/or federal certification and/or licensure of contractor. 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 FOR CONTRACTOR Monroe County Purchasing Office Buccaneer Courier 1100 Simonton Street PO Box 430763 Suite 2-213 Big Pine Key, FL 33043 Key West, FL 33040 14. CANCELATION 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. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 1S. GOVERNING LAWS This Agreement is governed by the laws 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. 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. IN WITNESS WHEREOF the parties 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. V (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: D L: KO HAGE, CLERK OF MONROE/COUNTY, FLOIDA By: By: _ �I.L%Lt --1�2 1 L�Sfi�l J eputy Clerk -' Nfayor/Chairman Date: (SEAL) Attest: By: WITNESS Title: By: 0- ., I (I Q.. - TNEss Title: CONTRACTO 3 x_ o _D By: u� N `Tt c"s' r - ace Title: -n > MONROE COUNTY ATTOR ABPROVED ASYKORJ NE A: HUTTON COUNFY ATTORNEY z forgot to heir bags ast night! Courier, Stop List EXHIBIT A (32 Courier Stops) I forgot the stop number... 00 1 110 Monroe County Courier Service Stops STOP #1 The Historic Gato Cigar Factory CAD County Administrator 1100 Simonton Street SAF Safety Office The Mail Room ART Monroe Council of the Arts Key West, Florida 33040 GRP Group Insurance WKC Workers Compensation PER Personnel Office OMB Budget Office PUR Purchasing Office GRT Grants Office CDF Code Enforcement OUT TO KEY WEST CSD Community Service Division 10:45 AM and 2:30 PM EXS Extension Services OUT TO KEYS NORTH SSD Social Services Dept. 5:00 PM PWD Public Works Division from Keys North to Key West CMD Construction Management 8:00 AM ENG Engineering Department SWM Solid Waste Management ART Monroe Council of the Arts STOP #2 Monroe County Health Dept. DOH Department Of Health The Historic Gato Cigar Factory 1100 Simonton Street, I* Floor Key West, Florida 33040 STOP #2 A DOH Department Of Health Monroe County Health Care Center (Depoo Hospital) Kennedy Drive Key West, Florida 33040 EXHIBIT A (32 Courier Stops) STOP #2 B DOH Department Of Health Monroe County Roosevelt Sands Center Olivia Street Key West, Florida 33040 STOP #3 1201 White Street, Suite 102 TDC Tourist Development Council Key West, Florida 330Q STOP #4 3593 S. Roosevelt Blvd. FMS Fleet Management Service Key West, Florida 33040 PFM Public Facility Maintenance RDS Road Department STOP #5 3491 S. Roosevelt Blvd. APK Airport Director's Office Key West, Florida 33040 STOP #5-B The Harvey Govt. Center TSD looted in the Historic Truman Building VAD 1200 Truman Avenue TAX Key West, Florida 33040 LAT STOP #6 700 Fleming Street Key West, Florida 33040 EXHIBIT A (32 Courier Stops) Technical Services Dept. Veteran Affairs Dept. Tax Collector, I" floor Land Authority Key West Library STOP #7 502 Whitehead Street Key West, Florida 33040 STOP #8 Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 STOP #9 5:10 PM Monroe County Bayshore Manor 5200 College Road Key West, FL 33040 5:10 PM Juvenile Justice Building 5503 College Road Key West, FL 33040 STOP #10 5:40 PM Cudjoe Key Transfer Station MM #21.5 Blimp Road Cudjoe Key, Florida 33042 CAY County Attorney RSK Risk Management SPE Commissioner Spehar MCC Commissioner McCoy CTA Court Administrator CLK Clerk of the Courts PAO Property Appraiser Office FIN Finance Department PAY Payroll Department SOE Supervisor of Elections STA State Attorney SSB Bayshore Manor SHF Sheriff Dept. BLD Building Dept. (RM #2030) NDF New Detention Facility MPC Marine Projects (RM #2024) GAL Guardian Ad Litem PTS Pre -Trail Services HAZ Hazardous Waste Transfer Station EXHIBIT A (32 Courier Stops) STOP #10-A (last stop on way back) #25 Ships Way Big Pine Key, FL 33043 STOP #10-B 6:00 PM Big Pine Key Library Big Pine Key Shopping Center 213 Key Deer Blvd. Big Pine Key, FL 33043 STOP #11 6:30 PM Monroe County Regional Service Ctr. 2798 Overseas Highway, MM 47.5 (gulf) Marathon, Florida 33050 STOP #12 6:35 PM Marathon Sheriffs Office 3101 Overseas Highway, MM 48 (ocean) Marathon, Florida 33050 NUG Commissioner Neugent LIB Big Pine Key Library FIR Big Pine Key Fire Rescue GMD Growth Management BLD Building Dept. PLN Planning Dept. MRD Marine Resources EVR Environmental Resources CDF Code Enforcement PFM Facility Maint. (Bldg. Super.) PAO Property Appraiser Office EXS Extension Service EMC Emergency Communications SHF Sheriffs Department CTH Courthouse TAX Tax Collector CLK Clerk STOP ##13 6:40 PM Marathon Library LIB 3251 Overseas Highway, MM 48 (ocean) Marathon, Florida 33050 EXHIBIT A (32 Courier Stops) Marathon Library STOP #14 6:50 PM Marathon Government Annex 490 63rd Street (ocean) Marathon, Florida 33050 STOP #15 7:00 PM Marathon Airport 9000 Overseas Highway, MM 51.5 Marathon, Florida 33050 STOP #16 7:10 PM Marathon Public Works 10600 Aviation Blvd. Marathon, Florida 33050 STOP# 17 7:35 PM Long Key Transfer Station MM 68 U.S. #1 (gulf) Long Key, Florida 33001 STOP #18 Fire Marshall EMS Emergency Medical Services EMG Emergency Management FRD Fire Rescue SSD Social Services VAD Veteran Affairs TRS Translator SOE Supervisor of Elections APM Airport Manager's Office PSD Public Safety Division Office HRS Health Department RIC Commissioner Rice RDS Road Department PFM Facility Maintenance ENG Engineering FMS Fleet Management Service Transfer Station only 7:50PM Islamorada Library LIB Islamorada Library MM 8 1. 5 U.S. #I (gull) Islamorada, Florida 33036 EXHIBIT A (32 Courier Stops) STOP #19 8:10 PM Plantation Key Public Works 186 Key Heights Dr, MM 88-89 (gult) Plantation Key, Florida 33070 HRS STOP #20 8:15 PM Ellis Building 88800 Overseas Hwy, MM 88-89 (gulf) Plantation Key, Florida 33070 PAO STOP #zi 8:20 PM Plantation Government Center 88820 Overseas Hwy, MM 88-89 (gul fl Plantation Key, Florida 33070 SOE STOP #22 PWD Public Works EMG Emergency Management Health Department FMS Fleet Management Service ENG Engineering BLD Building Dept TAX Tax Collector Property Appraiser Office PLN Planning Dept. SSD Social Services VAD Veteran Affairs Supervisor of Elections CDF Code Enforcement CLK Clerk of Court 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 LIB 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 1190 State Road 905 (gulf) Key Largo, Florida 33037 STOP #25 9:15 PM Cardsound Toll Bridge CDS County Road 905A US #AlA STOP #26 9:40 PM Damaron Building NEL 99198 Overseas Highway, Suite II EXS Key Largo, FL 33037 Approx. 11.00 PM EXHIBIT A (32 Courier Stops) Transfer Station only Card Sound Bridge Commissioner Nelson Extension Service Sd _C aa� O Y d p1 u t U yC .O � O s � C O 0 } Z Q v d � tll N O LU d Z ¢ tD y -p ) E O Q d T-i a E Z d _L Cl w tny.=p Q� F, OO } 5OZ to V UJ U .7 a p "" Vl >=gaw v � Q OC�1-W W v m vi Z U t w o g, O _J Lo t w o c� p = C a W3 fa ce cr- J N 0� � u L ui 5 o c � O a w w Z o -o U d COM aD s N v! a0i BID FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT GATO BUILDING ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 BID FROM: (�G V a ' e r- C� , o L/ 0 The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto and other Contract Documents for the services of: COURIER SERVICE The Contractor, in submitting the foregoing bid, agrees to comply with all contract specification documents. on'lAS2,' Y� a�'!V `Jc�« 4�S $ � $'O . G C per stop per month. Amount in Wn ing Amount in Numbers Szyc y-n:,,eT usu�e�,Cinc $ G9 C�O,00 per year. I acknowledge receipt of Addenda No. (s) I have included page33through 36of the Bid Proposal which entails the Proposal Form , the Non -Collusion Affidavit , and the Lobbying and Conflict of Interest Clause , and the Drug Free Workplace Form In addition, I have included a current copy of, Monroe County Occupation License , Insurance Agents Statement , and all requirements as stated in Section One, Article 1.04 Paragraphs A through D. (Check mark items above. as a reminder that thev are included.) Mailing Address: c Cj •off 3�7 Telephone: SOS Signed: Fax: Witness: (Seal) ` (Name) C) (Title) -33- SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY FLORIDA ETHICS CLAUSE 4 -\�OC 06-n -ec c' UV t-r c r— warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) STATE OF Y Lf , ;` 1 1 A COUNTY OF Iv'�Ur1 tZC iC PERSONALLY APPEARED BEFORE ME, the undersigned authority, I _ -�f �.� ► n >! _ �hl ( �? faT f ) t' k' who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this �1 �y '-) day of NOTARY PUBLIC My commission expires: I) F e (, j OMB - MCP FORM #4 -35- SUSAN M STOUTON Notary Pubic - State of Florida • _MyCORIIT*l0nFTAWFeb19.2007 .; Corn tsslon # DD1 85424 Bonded By Notional Notary Ass. T NON -COLLUSION AFFIDAVIT I,C �4u*F EtS'�1f2 of the city of _ �/r according to law on my oath, and under penalty /of perjury, depose nd say, that: I. lam / v '4-/e£ of the firm oF_UCC A �/tf�L C�lv2i f/C the bidder making the Proposal for the project described in the Notice for Calling for bids for: c/2i ��t2r/i" F10 -/�- i-�O-3oS'-o �ZCJoS' C C and that I executed the said proposal with full authority t do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor, and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Date) STATE OW -FLGQ bA COUNTY OF: UOKR_01�_ PERSONALLY APPEARED BEFORE ME, the undersigned authority, J t`ay) K) e__ W-aetAll 'e- r who, after first being sworn by me, name of individual signing) affixed his/her signature in the space provided above on this Pal h day of _ 24�? "i 4--r_ I k NOTARY PUBLIC My Commission Expires: 1 C rJ ""Y " M STOCKTON 1n °re. .Notary Punic - State of Florida + EWCarP*rkn80WFeb19,2007 Commission # DD1854214 Bonded By National Notary Assn. -34- NON -COLLUSION AFFIDAVIT 1, of the city of according to law on my oath, and under penalty of perjury, depose and say that: lam of the firm of the bidder matting the Proposal for the project described in the Notice for Calling for bids for: and that I executed the said proposal with full authority t do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. of STATE OFV -R-0Q_[bk COUNTY OF: O p klg (Date) PERSONALLY APPEARED BEFORE ME, the undersigned authority,1Xnl/1 e- 4(X ef; e'r who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this�PPaL� day of-e—klkl IA-, ' 2006 NOTARY PUBLIC My Commission Expires: ig f7e ��� a °�"„`', M S10CKTON i� Y ate. r •,Notary PubBc - State of Florida _. SWCpnrr� dmeq)twFeb 19.2007 ' commission # DD185424 Bonded By National Notary Assn. -34- PUBLIC ENTITY 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 the 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." t l FACILITIES OR MACHINES TYPE OF �97Lf1- t =g OCCUPATIONAL TAX � � - S SATE Of FLORIDA SEF'T. 30. 200 MUST BE DISPLAYED IN CONSPICUOUS PLACE ROOMS SEATS EMPLOYEES BUSINESS 29240 MOBILE hi!•`II- &. OFFICE SUP C:t4iZI BUSINESS ADDRESS MOBILE MONROE -\ _ 00 - C,--,IJNTY OF MONROE W, NAMEMAIL BUCCANEER COURIER ADDRESS KAESTNER JOANNE PO BOX 430763 BIG PINE KEY FL 33043-- r THIS BECOMES ATAX DANISE D. HENRIVUEZ TAX COLLECTOR RECEIPT WHEN VALIDATED PO BOX 1 1 2 9, K E WEST FL 3 3 0 4 1- 1 1 2 9 0000000000 0000002500 0000292400065882 1001 4 SUPPLEMENTAL RENEWAL fJFW TAt c+ AMCIUN ! m PEh--7..t -Y a o C � q tl2 THIS IS ONLY A TAX. YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. - 4, t t Sands of the Keys George Sands 87899 U S Hwy. 1 Tavernier, FL 33036 305-852-4378 HospiceArNA of F1 Keys 1319 William St. Key West, FL 33040 305-294-8812 Clear Channel Maryanne Gibbons 93500 Overseas Hwy. Tavernier, FL 33036 305-852-9085 Car Parts Auto Chris Parenti 22 First Avenue Rock Harbor, FL 33037 305-8524336 Coldwell Banker Schmidt Realty DD 11100 Overseas Hwy. Marathon, FL 33050 305-743-5181 Makepeace Office Supply Elaine 202 1070' Street Marathon, FL 33050 305-743-5640 References Delivery of all toner for 9 years Delivery of interoffice paperwork for 9 years Delivery of interoffice paperwork for 9 years Delivery of auto parts for 9 years Delivery of interoffice mail for 2 years Delivery of office supplies for 5 years V 14 Buccaneer Courier has been owned and operated by Joanne and William Kaestner for the past seven years. Prior to purchasing the business, we operated it for two years. In the past nine years, we have never missed a work day. We close only on national holidays and when Monroe County and other business offices are closed. The Monday following Hurricane Georges we were operational.