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04/22/1992It ADDENDUM TO PROMPT COURIER SERVICE CONTRACT THIS ADDENDUM is entered into this ,?Q ►,o( day of April, 1992, by and between Monroe County (the "County"), a political subdivision of the State of Florida, and Prompt Courier Service (the "Vendor"). WHEREAS, the County desires to amend the Prompt Courier Service Contract regarding the following. The County wishes to add an additional service location for the pick-up of goods as follows: Location - Cudjoe Key Landfill, Mile Marker 20.5, Blimp Road, Cudjoe Key, Florida. The daily pick-up and enroute delivery time will be between 5:30 - 6:00 p.m. and the delivery will be made prior to 7:00 a.m. the following morning. The goods are to be picked up from the lock box location at the landfill site and delivered to the County Mail Room located in Wing 2, Public Service Building, 5.00 College Road, Stock Island, Key West, Florida. The cost of this service will be $135.20 per month per location. The total charge will be incorporated in the current monthly billing which is presently processed upon receipt by the Information Systems / Training Department. The County is also requiring an Honesty Bond in an amount greater than or equal to $5,000.00 (Five Thousand and no/100 dollars). Proof of an active bond is required to make this Addendum valid. IN WITNESS WHEREOF, the parties hereto have executed this addendum the day and year as written above. ,Witn (. i 1 ALW Wiltness Attest: f Marcos . Diaz for Prompt Courier Service _ .cz� z DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman qNE O ED TO FORM AL FFI Y. BY Attorngys Office Date :�! ['"y FIDELITY BOND Bond No. R 00557 In consideration of an agreed premium, Preferred National Insurance Company, a corporation organized under the laws of the State of Florida and duly authorized to transact business as surety therein (hereinafter called "Surety"), hereby agrees to indemnify ,.,Marcos L. Diaz dba Prompt Courier Service ....................................................................................... .............................................................................. of 9 Packer Street, KeWest, FL 33040 , (hereinafter called "Obligee"), against loss of money ............ ..................................... or other property, real or personal, belonging to any and all subscribers (hereinafter called "Subscriber") to its services, or in which the Subscriber has a pecuniary interest, or for which the Subscriber is legally liable, which the Subscriber shall sustain as the result of any fraudulent or dishonest act, as hereinafter defined, of an Employee or Employees of the Obligee acting alone or in collusion with others, and for which the Obligee is liable, the amount of indemnity on each of such Employees being Ten Thousand Dollars 00/100--------- __________________ 10 000.00 --- ............................................................................................................................................ Dollars ($...............................---..). THE FOREGOING AGREEMENT IS SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: TERM OF BOND: Section 1. The term of this bond begins with the Nineteenth day of March .............................. y................................... 19. 92...... standard time at the address of the Obligee above given, and ends at 12:00 o'clock night, standard time, on the effective date of the cancellation of this bond in its entirety. DISCOVERY PERIOD: Section 2. Loss is covered under this bond only (a) if sustained through any act or acts committed by an Employee of Obligee while this bond is in force to such Employee, and (b)rf discovered within no more than 180 days after the expiration or sooner cancellation of this bond in its entirety as provided in Section 10. or from its cancellation or termination in its entirety in any other manner, whichever shall first happen. DEFINITION OF EMPLOYEE: Section 3. The word Employee or Employees, as used in this bond, shall be deemed to mean, respectively, one or more of the natural persons (except directors or trustees of the Obligee, if a corporation, who are not also officers or employees thereof in some other capacity) while in the regular service of the Obligee in the ordinary course of the Obligee's business during the term of this bond, and whom the Obligee compensates by salary, or wages and has the right to govern and direct in the performance of such service, and who are engaged in such service within any of the State of the United States of America, or within the District of Columbia, Puerto Rico, the Virgin Islands, or elsewhere for a limited period, but not to mean brokers, factors, commission merchants, consignees, contractors, or other agents or representatives of the same general character. FRAUDULENT OR DISHONEST ACT: Section 4. A fraudulent or dishonest act of an Employee of the Obligee shall mean an act which is punishable under the Criminal Code in the jurisdiction within which act occurred, for which said employee is tried and convicted by a court of proper jurisdiction. MERGER OR CONSOLIDATION: Section 5. If any natural persons shall be taken into the regular service of the Obligee through merger or consolidation with some other concern, the Obligee shall give the Surety written notice and shall apply an additional premium on any increase in the number of Employees covered under this bond as a result of such merger or consolidation computed pro rata from the date of such merger or consolidation to the end of the current premium period. NON -ACCUMULATION OF LIABILITY: Section 6. Regardless of the number of years this bond shall continue in force and the number of premiums which shall be payable or paid, the liability of the Surety under this bond shall not be cumulative from year to year or from period to period. LIMIT OF LIABILITY UNDER THIS BOND AND PRIOR INSURANCE: Section 7. With respect to loss or losses caused by an Employee or which are chargeable to such Employee as provided in Section 5 and which occur partly under this bond and partly under other bonds and policies issued by the Surety to the Obligee or to any predecessor in interest of the Obligee and terminated or cancelled or allowed to expire and in which the period for discovery has not expired at the time any such loss or losses thereunder are discovered, the total liability of the Surety under this bond and under such other bonds or policies shall not exceed, in the aggregate, the amount carried under PNI-FB (11/89) Page 1 of 2 this bond on such loss or losses or the amount available to the Obligee under such other bonds or policies, as limited by the terms and conditions thereof, for any such loss or losses, if the latter amount be the larger. SALVAGE: Section 8. If the Obligee shall sustain any loss or losses covered by this bond which exceed the amount of coverage provided by this bond, the Obligee shall be entitled to all recoveries, except from suretyship, insurance, reinsurance security and indemnity taken by or for the benefit of the Surety, by whomsoever made, on account of such loss or losses under this bond until fully reimbursed, less the actual cost of effecting the same, and less the amount of the deductible carried on the Employee causing such loss or losses; and any remainder shall be applied to the reimbursement of the Surety. CANCELLATION AS TO ANY EMPLOYEE: Section 9. This bond shall be deemed cancelled as to any Employee: (a) immediately upon discovery by the Obligee, or by any partner or officer thereof not in collusion with such Employee, of any fraudulent act or dishonest act on the part of the Employee; or (b) at 12-00 o'clock night standard time, upon the effective date specified in a written notice served upon the insured or sent by mail. Such date, N the notice be served, shall not be less than ten days after such service, or, if sent by mail, not less than fifteen days after the date of mailing. The mailing by Surety of notice, as aforesaid, to the Obligee at its principal office shall be sufficient proof of notice. CANCELLATION AS TO BOND IN ITS ENTIRETY: Section 10. This bond shall be deemed cancelled in its entirety at 12:00 o'clock night, standard time, upon the effective date specified in a written notice served by the Obligee upon the Surety or by the Surety upon the Obligee, or sent by mail. Such date, if the notice be served by the Surety, shall not be less than ten days after such service, or, if sent by the Surety by mail, not less than fifteen days after the date of mailing. The mailing by Surety of notice, as aforesaid, to the Obligee at its principal office shall be sufficient proof of notice. The Surety shall refund to the Obligee the unearned premium computed pro rata if this bond be cancelled at the instance of the Surety, or at short rates if cancelled or reduced at the instance of the Obligee. PRIOR FRAUD, DISHONEST OR CANCELLATION: Section 11. No Employee, to the best of the knowledge of the Obligee, or of any partner or officer thereof not in collusion with such Employee, has committed any fraudulent or dishonest act in the service of the Obligee or otherwise. If prior to the issuance of this bond, any fidelity insurance in favor of the Obligee or any predecessor in interest of the Obligee and covering one or more of the Obligee's employees shall have been cancelled as to any of such employees by the reason of (a) the discovery of any fraudulent or dishonest act on the part of such employees, or (b) the giving of written notice of cancellation by the insurer issuing said fidelity insurance, whether the Surety or not, and if such employees shall not have been reinstated under the coverage of said fidelity insurance or superseding fidelity insurance, the Surety shall not be liable under this bond on account of such employees unless the Surety shall agree in writing to include such employees within the coverage of this bond, LOSS - N0710E - PROOF - LEGAL PROCEEDINGS: Section 12. At the earliest practical moment, after discovery of any potential fraudulent or dishonest act on the part of any Employee by the Obligee, or by any partner or officer thereof not in collusion with such Employee, the Obligee shall give the Surety written notice thereof and within 90 days after the criminal conviction of any employee covered under this bond, shall file with the Surety affirmative proof of loss, including a certified copy of the final disposition of the criminal action, and shall upon request of the Surety render every assistance, not pecuniary, to facilitate the investigation and adjustment of any loss. No suit to recover on account of loss under this bond shall be brought before the expiration of two months from the filing of proof as aforesaid on account of such loss, nor after the expiration of fifteen months from the discovery as aforesaid of the fraudulent or dishonest act causing such loss. If any limitation in this bond for giving notice, filing claim or bringing suit is prohibited or made void by any law controlling the construction of this bond, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. IN WITNESS WHEREOF, Preferred National Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers. National Insurance Cofrtpany l... _ V.f• ...... / Dennis B. Wills, Attomey-in-fact PNI-FB (11/89) Paje 2 c' 2 DISHONESTY BOND RIDER - SOLE PROPRIETOR OR PARTNERSHIP R 00557 To be attached to and form a part of Bond No............................................................................................... issued to ....Marcos ..L.. ...... Diaz dba..Prompt Courier Service .........................••------ -- .. ----- Effective date of Rider .... March 19, 1992 .......................... The following provision is hereby added to the bond: In the event that the Insured's Customer or Subscriber shall sustain a loss by reason of the fraudulent or dishonest act or acts (as defined in Section 4) committed by the Insured or any partner of the Insured, if a partnership, then and only then, the Insured shall be considered an Employee and the Customer or Subscriber as additional Insured, subject to all terms and conditions hereof. IN WITNESS WHEREOF, Preferred National Insurance Company has caused its Corporate Seal to be hereunto affixed this ...Nineteenth day of ..................March, 19 92 ........................ .................... 'ef National Insurance Company r, .. ............... l....... Dennis B . Wills, Attomey-in-fact PNI-DBR (I IM9)