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09/12/1990AGREEMENT Agreement dated the ay of 1990, between POSTAL WORLD SERVICE, 275 West 75th Place, Hialeah, Florida 33014, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (BOCC). This agreement covers warehousing, processing, billing, postage and other shipping materials to fulfill all Monroe County Tourist Development Council requests. The term is August 2, 1990 through September 30, 1991. Either party can terminate with 60 days notice. Postal World Service agrees that: 1) Mr. Bill Avila is the account executive for all work and communication for the Keys Account. 2) Postal World Service will do a complete inventory and postal account, by 9 a.m. every Monday. A copy of said inventory will be communicated to the Administrative Office of the TDC that same day. 3) The TDC Administrative Director or her designee are the representatives authorized by the TDC to give mailing and shipping orders. 4) The BOCC, if possible, will advance $1,000 for a postage and shipping expense account reimbursed as required upon receipt of substantiating documentation. Upon termination of said contract, Postal World Services will reimburse Monroe County any monies remaining in the postage & shipping account. 5) Postal World Service will warehouse TDC items and materials at their facility at a monthly charge of $15.00 per skid. 6). Postal World Service will coordinate all Jobs and process all orders (from the actual packaging stage) at $21.75 per hour. 7) Postal World Service will receive and count verification on inventory control at $8.00 per skid. 8) Postal World Service will roll posters and insert into tube/or triangle pack, affix label, meter, mail from one to seven posters per pack at ^ .�O�PTAree and one half percent (3'5%) `10 '810 010 discount will apply wheaZhJJ01Ni`JLAN'N*4s exceed $10,000' �TOT i�] D��](}Or n� v` wu cv u��uO^ GdOO:-,� 0311J 9) Postal World Service will handle custom orders to a destination at $3.65 per box. This price for custom orders includes preparation of all bills of lading, shipping documents and zoning. 10) Postal World Service will ship pre -packed cartons, affix labels and meter at $.75 each. 11) Prices are based on labor and storage, postage and freight are not included; invoices to be paid net 15 days or no later than 60 days after receipt of invoice. 12) The VENDOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 101-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provzsi"n the County may, in its discretion, terminate this contract without liability and may also, in its discretion, A -duct from the contract or purchase price, or otherwise, recover, the full amount of any fee, commission, �ft or consideration paid to the former County officer percentage, g , or employee. F'`rther, the VENDOR assures the CLIENT that, to the best of its knowledge, the signing of this Agreement does not create any zonflict of interest between itself, its associates, any principal of its firm, or any member of employee of the CLIENT. 13) Indemnification and Insurance: The VENDOR shall protect, defend, indemnify and hold the CLIENT harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and Judgements arising out of any willful misconduct or negligent act, error or omission of the VENDOR, it, agents or employees, arising out of or incidental to the performance of this Contract or work performed thereunder. 2 ^ ` ` ' ~ ` . ' IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their names, and seals impressed hereon, by their proper officials, in Monroe and Dade Counties respectively, all as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF FLORIDA BY: w- Mayor/Chairman POSTAL WORLD SERVICES BY: (SEAL) ATTEST BYClerk (SEAL) ATTPSV 11 Vice -President 4pPROVEDASD0FORM ICIENICY AIND LEGAL SUbFF,. "'y TAI, � 3 S1VOItN STATE11iENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTFS_ ON PUBLIC ENTTI'Y CRIMES Y THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. C' 1• This sworn statement is submitted with Bid, Proposal or Contract No. for warehousing, processing, billing, postage, shipping & fulfill all Monroe Cty TDC. 2• This sworn statement is submitted by _Postal World Service Inc [name of entity submitting sworn statement] whose business address is 275 West 75 Place, Hialeah, FL 33014 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-olo4672 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3• My name is William .Avila. •) [please print name of individual signing] and my relationship to the entity named above is President 4• I understand that a "public entity crime' as defined in paragraph 287,133(1)(g), Florida Statutes means a violation of any state or- federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. S• I understand that "convicted' or "conviction' as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or polo contendere. 6• I understand that an "affiliate' as defined in Paragraph 287.133 1 a Florida Statutes means: I. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who Is active in the management of the entity and Who ha- been convicted of a public entity crime. 'The term "affiliate' Includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active In the management of an affiliate. The ownership by one person of shares constituting a controlling Interest In another person, or a pooling of equipment or Income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime In Florida during the preceding 36 months shall be considered an affiliate. 7• understand that a "person" as defined in Paragraph 287.133 1of e Florida tntutes. means any natural person or entity organized under the laws of any state or the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision Of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term 'person" includes those officers, directors, executivq, partners, shareholders• employees, members, and agents who are active in management of an entity. 8• Based on information and belief, the statement which I have ma . entity submitting this sworn statement. (Please Indicate whichstatementapplies, relation �o the xxxx Neither the entity submitting this sworn statement. nor any officers, directors, executiv( , _ partners, shareholders. employees, members; or agents who are active in management of the entir nor any affiliate of the entity have btcn charged with and convicted of a public entity crime ` subsequent to July 1, 1989. The entity submitting this sworn statement, or,one or more of the officers, directors, C executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AtM (Please indicate which idditional statement applies.] _ There has been a proceeding concerning the conviction before a hearing* officer of the State of Florida, Division of Administrative Hearings. The Mal order entered by the hearing officer did not place the person or affillate on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public in-terest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] _� The person or affiliate has not been c7�e;th e convicted vendor list. [Please describe any action taken by or pending wi tf thent of General Servik"I A �• STATE OF Florida COUNTY OF Dade PERSONALLY APPEARED BEFORE ME, the undersigned authority, William Avila who, after first being sworn by me, affixed his/her signature (name o! Individual signing] in the space provided above on this 2 fday 'r. 19 170 Mmmissioa expires: NOTARY PUBLIi: NOTARY PUBLIC STATE OF FLORIDA + ! pY cc4'NISSION EXP. FED 18,1991 i 80i:OcD iH. U GEKNAL 1NS. UkD. + KI 0 Form PUR 7068 (Rev. 11/89)