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6<br />
1 violation of the contract and 50 States would be subject<br />
2 to a fine, administrative costs, they could even be<br />
3 terminated for not being in contract compliance.<br />
4 Because they wouldn't be in a position to see the<br />
5 responsibilities of the fair-gate task that they were<br />
6 responsible for during the time from six to nine and this<br />
7 incident occurred slightly after 6:00 a.m. Now, here is<br />
8 the law that I have indicated is that for security<br />
9 guards -- security guards do not owe a general contractual<br />
10 duty to people. They are not the premises owner. Miami-<br />
11 Dade County is premise owner and their duties are much<br />
12 greater than 50 States Security duties. 50 States<br />
13 Security duty is strictly defined by the contract.<br />
14 The contract said that they have certain<br />
15 responsibilities at open of the Metrorail System at 4:00<br />
16 in the morning, certain responsibilities of closing at<br />
17 1:00 a.m. But during the peak hours at 6:00 a.m. and<br />
18 9:00 a.m., they're supposed to be inside the Metrorail<br />
19 building right by the turnstiles. The fair gates to help<br />
20 make sure they're protecting the Miami-Dade property,<br />
21 Miami-Dade personnel and patrons, people who actually buy<br />
22 the tickets. That's where they're supposed to be.<br />
23 Now, after Mr. was shot and you saw him<br />
24 walk along the outside of the fence, through the gap in<br />
25 the fence, pass the escalator and then around the building