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03/17/2004 CONTRACT ADDENDUM This addendum is made and entered into this 1 ih day of March, 2004, between MONROE COUNTY, (County) and Eagle Security (Contractor) in order to amend that certain agreement entered into on February 21, 2001 and amended on March 20, 2002 and February 19,2003. WHEREAS, Monroe County is advertising a request for proposals for Security Patrols and Services for the Duck Key Security District; and WHEREAS, the agreement for Security Patrols and Services will not become effective until after the current agreement with Contractor expires. Now THEREFORE, IN CONSIDERATION of the mutual terms understandings, conditions, promises, covenants, and payments hereinafter set forth, County and Contractor agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein. Section 2. Term. This agreement is hereby extended until 12:01 A.M. on April 30, 2004.. Section 3. Payment Payment will be made at the current rate of $15.20 per hour in accordance with existing contract terms as described in Article 4- Scope of Operations. Section 4. Insurance The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 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 WCI, GLl, GLS, GIR I, and VLI, each attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department Section 5. Other Conditions. All other conditions of the Agreement shall remain in full force and . effect. c::. c'" w w ex: IN.WIT~ESSWHEREOF, the parties have hereunto set their hands and seal, the day and C'l.' y~~}~twritten above. ... -..c'} ~-'~ C? \(~),>= g: A@~~ANNY L. KOLHAGE, CLERK :z::E:=> 'f '.'-9 d' /I ~ B ~,..-.<_~_]jr_--"'<<rJA.../ ~ e ty CI rk <= r ~ c--.I BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0:: o Ll- e w -' ~~(~ Mayor/ aIrman u. ~.- MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors 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 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 County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent ofliability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. - 1 -Administration Instruction TCS #4709.2 RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements For Other Contractors and Subcontractors As a pre-requisite ofthe work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in the contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance or · A Certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. GIRl Administration Instruction #4709.2 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County-prepared form entitled, "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. GIRl Administration Instruction #4709.2 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Security Patrols BETWEEN MONROE COUNTY, FLORIDA AND Eagle Security Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the contractor may be required to submit updated financial statements from the fund upon request from the County. Administrative Instruction- 4 -WC1 #4709.2 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Security Patrols BETWEEN MONROE COUNTY, FLORIDA AND Eagle Security Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. -Administrative Instruction GL1 #4709.2 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Security Patrols BETWEEN MONROE COUNTY, FLORIDA AND Eagle Security Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. -Administrative Instruction GL1 #4709.2 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Security Patrols BETWEEN MONROE COUNTY, FLORIDA AND Eagle Security Recognizing that the work governed by this contract involves providing of guards and other security services on or off County property, the Contractor's General Liability Insurance policy must extend to, and be no less restrictive, than an acceptable Law Enforcement Liability policy specifically providing coverage for intentional acts, which coverage must include any violation of the constitutional right of any person for damages and attorney's fees under anyone or more of the following civil rights statutes: 42 USCA 1981,42 USCA 1982,42 USCA 1983,42 USCA 1985,42 USCA 1986 and 42 USCA 1988. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLS Administrative Instruction #4709.3 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: · The County as being named as an Additional Insured-If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. and · The Indemnification and Hold Harmless provisions Waivinq of insurance provisions could expose the Countv to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority. Administrative Instruction #4709.3 1996 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Administrative Instruction #4709.3 Meeting Date: Administrative Instruction 1996 Edition #4709.3