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01/24/1990COURIER SERVICES AGREEMENT THIS AGREEMENT, made and entered into the 24th day of January 1990 A, by and between PROMPT COURIER SERVICE, whose principal place of business is at 1009 Packer Street, Key West, Florida 33040, hereinafter referred to as "VENDOR" and MONROE COUNTY, whose address is 5825 Jr. College Road, Public Service Building, Wing II, Stock Island, Key West, Florida 33040, hereinafter re- ferred to as "CLIENT". WHEREAS, VENDOR has an ability to render courier services, and the CLIENT is desirous of obtaining the services of VENDOR, NOW, in consideration of the mutual covenants herein con- tained, and other good and valuable consideration, the sufficien- cy of which is acknowledged by both parties, the parties agree as follows: 1. LOCATION TO BE SERVICED Key Largo Land Fill Volume Reduction Plant #1 State Rd. 905 Key Largo, F1. 33070 Plantation Key Government Center Plantation Key, F1. 33070 Long Key Land Fill Volume Reduction Plant #2 MM 68 1/2 U.S. 1 Long Key, F1. Marathon Government Center 3117 Overseas Highway Marathon, F1. 33050 Public Works 10600 Aviation Blvd. Marathon, F1. 33050 Chaplin Building 5192 Overseas Hwy Marathon, Fl. 33050 County Commissioner 3180 Overseas Hwy/Bay Point Key West, Florida 33040 Public Service Building 5825 Jr. College Rd. Stock Island Key West, F1. 33040 Social Services/Veterans Affairs 1315 Whitehead Street Key West, F1. 33040 DEPARTMENTS/AGENCIES M.S.D. Social Services Veterans Affairs Growth Management Code Enforcement Tax Collector County Clerk County Commissioner Public Works M.S.D. Growth Management Tax Collector County Clerk Public Works County Commissioner Fire Marshall E.M.S. Veterans Affairs Social Services Code Enforcement County Commissioner County Administrator Management Services Growth Management Community Services Public Works Code Enforcement Safety Extension Services Social Services Veterans Affairs Monroe County Courthouse 500 Whitehead Street Key West, F1. 33040 2. TIME OF PICK-UP AND DELIVERY County Clerk Tax Collector County Commissioners County Attorney Times specified for pick-up and delivery by VENDOR are approx- imate with the exception of the locations in Key West and Stock Island which must remain firm. VENDOR will pick-up at each location for delivery to other locations. Pick-up and delivery is required Monday through Friday with the exception of holidays. A list of holidays will be provided to the VENDOR, and the VENDOR will be notified should changes to the list occur. Pick-up will begin at the MONROE COUNTY COURTHOUSE, Key West, no sooner than 4:00 P.M. and no later than 4:30 P.M. daily. Pick-up and enroute deliveries at Social Services and Veter- ans Affairs, Key West, will be no sooner than 4:30 P.M. and no later than 5:00 P.M. daily. Pick-up and enroute deliveries at the Public Service Build- ing, Stock Island, will be no sooner than 5:00 P.M. and no later than 5:30 P.M. daily. Pick-up and enroute deliveries at the Commissioner's Office, Bay Point, will be from approximately 6:00 - 6:30 P.M. daily. Pick-up and enroute deliveries at the Government Center, Marathon, will be from approximately 7:00 - 7:30 P.M. daily. Pick-up and enroute deliveries at the Chaplin Building, Mara- thon, will be from approximately 7:30 - 8:00 P.M. daily. Pick-up and enroute deliveries at Public Works, Marathon, will be from approximately 8:00 - 8:30 P.M. daily. Pick-up and enroute deliveries at the Long Key Land Fill, Long Key, will be from approximately 9:30 - 10:00 P.M. daily. Pick-up and enroute deliveries at the Plantation Key govern- ment Center, Plantation Key, will be from approximately 11:00 - 11:30 P.M. daily. Pick-up and enroute deliveries at the Key Largo Land Fill, Key Largo, will be from approximately 12:30 A.M. - 1:00 A.M. daily. Deliveries to all locations enroute from Key Largo Land Fill, Key Largo to and including the Monroe County Courthouse, Key West, will be made prior to 7:00 A.M. daily. 3. MATERIALS TO BE TRANSPORTED VENDOR will be required to transport inter office envelopes, mail bags, computer print-outs, and copy machine paper and gener- al 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 larger than 18" wide, 15" deep, and 10" high. All items being transported must be properly sealed and have the delivery location and the physical address of the delivery location clearly marked on the exterior of the item. Items should 2 indicate the sender and the person transported to. 4. PROVISION OF LOCK BOXES to whom the item is being Lock boxes for the purpose of temporarily storing items until such time as they are picked up by VENDOR or by those Depart- ments, and/or agencies at each location (see ITEM "1, Locations to Be Serviced") will be installed at each location. CLIENT will be responsible for the purchase of Lock Boxes to be installed at each location serviced, and such purchase(s) will be made in accordance with Monroe County Purchasing Policies and Procedures. VENDOR will be responsible for the provision and installation of Lock Boxes in accordance with specifications provided herein and the Monroe County Purchasing Policies and Procedures. VENDOR will under no circumstances provide or install any Lock Box(s) without written approval of CLIENT in accordance with the Monroe County Purchasing Policies and Procedures. Lock Boxes will be constructed of Material(s) suited for extended exposure to the elements, whether they be located under cover or in an outside area. Lock Boxes will have a keyed locking device, and a sufficient number of keys will be provided to CLIENT for disbursement to each Department and/or Agency having authorized access. Lock Boxes will be a minimum of 17" wide, 17" deep and 36" high. VENDOR will in every case be responsible for the provision of Lock Boxes suited to the average daily volume of materials being transported to each location. Lock Boxes will be constructed in such a way that all materi- als stored therein will be a minimum of 6" above the bottom of the Lock Box. Lock Boxes will be constructed in such a way that the door(s) will seal so as to provide maximum protection against leakage, and all hinges will be attached to the inside of the box. VENDOR will install each Lock Box in such a way that it is securely fastened to the surface upon which it is placed. 5. PROVISION OF MAIL BAGS Mail Bags are to be used as the transportation media of choice, and are to be provided by CLIENT at the expense of each Department and/or Agency as specified in ITEM "1, Locations to Be Serviced". Mail Bags being used for transportation may be no larger than 18" wide, 5" deep, and 30" high. Mail Bags should be made of canvas or an equally durable material, and have a locking mechanism. 6. PROVISION OF INSURANCE BY VENDOR - INDEMNITY/HOLD HARMLESS VENDOR shall procure and maintain during the term of this agreement the following insurances with limits: A. The VENDOR shall indemnify and hold harmless the CLIENT from any and all claims, liabilities, losses and causes of actions which may arise due to the negligent actions or omission of the VENDOR in the performance of this contract. 3 B. Comprehensive General Liability insurance of $100,000 per person, $200,000 per occurrence for bodily injury to third persons and $100,000 for property damage. C. Automobile Liability covering all vehicles to to be used in the fulfillment of the obligations of the VEN- DOR, with limits of $100,000 per person, $200,000 per accident for bodily injury and $100,000 for property damage. D. Worker's Compensation as required by Ch 440 F.S. and Employer's Liability with a limit of no less than $100,000 per accident. The insurance required shall be primary and any insurance carried by CLIENT shall be excess and not contributory. All policies shall be issued by companies authorized to do business in Florida and which have a Best's Rating no less than A:VII. A Certificate of Insurance for each policy shall be furnished to CLIENT'S Office of Risk Management, and shall state that cover- age shall not be cancelled, voided, suspended or reduced without 30 days prior written notice to CLIENT. 7. PAYMENTS VENDOR will be paid $130.00 per month for each location ser- viced as per ITEM "1. Locations To Be Serviced" and or any modi- fications to said ITEM as per the specific terms and conditions of this agreement. VENDOR will be required to submit an invoice each and every month for services rendered in accordance with Monroe County Purchasing Policies and Procedures. VENDOR will receive payment for services on a monthly basis. 8. OTHER PROVISIONS The term of this agreement shall be for a period of one (1) year and commence upon execution by the Board of County Commis- sioners of Monroe County, Florida and VENDOR. This agreement may be extended for successive one (1) year terms thereafter. Either party may cancel this agreement upon sixty (60) days written notice after commencement, except that VENDOR may not do such for one hundred and eighty days after commencement. Any and all delivery items shall be picked up at the loca- tions specified in ITEM "1. Locations To Be Serviced" or by reasonable changes noticed to the VENDOR and deliveries shall likewise be made. VENDOR shall keep and maintain any and all property placed in its possession with proper care so that it shall not be damaged or lost, and assumes liability for damage or loss from all causes except war, confiscation, order of any government or public au- thority, discoloration or deterioration from natural or inherent causes, or from like reasons. The property transported by VENDOR, is and will remain, and at all times shall be deemed to be the sole and exclusive proper- ty of CLIENT and VENDOR has no right of property therein. The property shall not be transported or delivered to any other per- son, corporation, or other entity without prior written consent or instruction of CLIENT. Requests for pick-up and delivery at locations not specified in ITEM 111. Locations To Be Serviced" will be the sole responsi- bility of the requestor and are not a provision of this agreement. 4 r Requests for pick-up and delivery by departments and/or agen- cies other than those specified in ITEM 111. Locations To Be Serviced" will be the sole responsibility of the requestor and are not to be construed as a part of this agreement. Requests for pick-up and delivery of items not included in ITEM "3. Materials To Be Transported" or which do not meet specifications provided therein, shall not be transported under the terms and conditions of this agreement. 9. ENTIRE AGREEMENT CLIENT and VENDOR understand and agree that this Agreement supersedes and cancels any and all prior and existing agreements, understandings, representations or statements, oral or in writ- ing, between the parties with respect to the subject matter of this Agreement. 10. PARTIAL INVALIDITY If any terms or provisions of this Agreement shall be found to be illegal or unenforceable, then notwithstanding such illegal- ity or unenforceability, this Agreement shall remain in full force and effect and such term or provision shall be deemed to be deleted. 11. CHOICE OF LAW This Agreement, its performance and all disputes arising hereunder, shall be governed by the laws of the State of Florida and both parties agree that a proper venue for any action shall be Monroe County. 12. ATTORNEY'S FEES The prevailing party in any action brought to enforce the provisions of this Agreement shall be entitled to an award of all costs, including reasonable attorney's fees. 13. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and be binding upon the respective successors, heirs and assigns, if any, of the parties, except that nothing contained in this paragraph shall be construed to permit any attempted assignment which would be void or unauthorized pursuant to any other provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year written above. MONROE COUNTY (client) BY: (signature) PROMPT COURIER SERVICE (SEAL) ATTEST: Danny L. Kolhage, Clerk 4AMVEDAt TO LEGAL SUFf /EMC1! ,4i _arnc "s 00M 5 SNVORN STATEMENT UNDER SECTION 28".133(3)(a), • 1 FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for Courier Service 2. This sworn statement is submitted by Prompt Courier Service ' [name of entity submitting sworn statement] whose business address is 1009 Packer Street, Key West, Florida 33040 And (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 3. My name is f Z and my relationship to the [please print name of individual signing] entity named above is L2 I.J (\AzGC- 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. 5. 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 nolo contendere. 6. I understand that an 'affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. 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 has 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(1)(e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power t6 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, executives, partners, shareholders, emplovees, members, and agents who are active in management of an entity. . 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] � _--� :-: XNeither the entity submitting this sworn statement, nor any officers, directors, executives,'" partners, shareholders, employees, members, or agents who are active in management of the entity, /€ nor any affiliate of the entity have been 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, 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 L. 1989, AND [Please indicate which additional statement applies.] There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the } hearing officer did not place the person or affiliate on the convicted vendor list. [Please ` attach a copy of the final order.] ': f• 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 interest to remove the person or affiliate from the convicted vendor list. 4 [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.] ;y T [signature] Date:` STATE OF k.. COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, a (� 1.-.� t who, after first being sworn by me, affixed his/her signature r- [name of individual signing] �U in the space provided above on this y of c . 19 ARY PUBLIC; My commission expires: i Ji'RY PL+FIIC S".iIE Fi_QRIIl u., M COMk kV AU: iO,i9SC �O�11jEi'dn: cBERA, lit:. tiNO. ONO 'SMI 1V83N39 OMNl 030N09 liV xj V. .- NN09 AM YOItlO�j J'V15 JIMd AdV10M Form PUR 7068 (Rev. 11/89)