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03/15/1995AGREEMENT THIS AGREEMENT is entered into this S day of 4j� , 1995, by and between the Board of County Commissioners, Monroe County, Florida, hereinafter referred to as the COUNTY and Prompt Courier Service, hereinafter referred to as Contractor; WITNESSETH WHEREAS, Vendor has rendered courier services satisfactorily in the past under an agreement dated April 14, 1993; and WHEREAS, the COUNTY is desirous of continuing the services of Contractor for the Monroe County Tourist Development Council (TDC) by renewing said contract for an additional year. NOW and THEREFORE in consideration of the mutual covenants herein contained, and other good and valuable consideration, the sufficiency of which is acknowledged by both parties, the parties agree as follows: I. LOCATION TO BE SERVICED approximate. Monroe County Tourist Development Council Administrative Office 3406 North Roosevelt Boulevard, Suite 201 Key West, Florida 33040 TIME OF PICK UP AND DELIVERY v =- F -. o 3 - _- N ., -- - 0 c� w c- - is 70 The following times specified for pickup and delivery by Contractor are Contractor will pickup and deliver between the Administrative Office, County Finance Office, the County Attorney's Office and the Post Office. Pickup and delivery is required Monday through Friday with the exception of holidays. A list of holidays will be provided to the Contractor, and the Contractor will be notified should changes to the list occur. Pickup will begin at the Monroe County TDC Administrative Office, 3406 N. Roosevelt Blvd., Suite 201, Key West no sooner than 10:45 a.m. daily and dropped back off at the TDC Office at 1:30 p.m. (all times are approximate). III. MATERIALS TO BE TRANSPORTED Contractor will be required to transport correspondence, invoices and other related items. All items being transported must be properly sealed and have the delivery location clearly marked on the exterior of the item. Items should indicate the sender and person to whom the item is being transported. 1 IV. PROVISION OF INSURANCE BY VENDOR Contractor shall procure and maintain during the term of this agreement the following insurance with limits: A. Comprehensive General Liability insurance with minimum limits of $300,000 per occurrence. B. Automobile Liability covering all vehicles to be used in the fulfillment of the obligations of the Contractor, with limits of $50,000 per person, $100,000 per accident for bodily injury, $25,000 for property damage, and $5,000 medical payments. C. 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 the COUNTY shall be excess and non-contributory. All policies shall be issued by companies authorized to do business in Florida. A Certificate of Insurance for each policy shall be furnished to the Administrative Office for approval by Risk Management, and shall state that coverage shall not be canceled, voided, suspended or reduced without 30 days prior written notice to COUNTY. Monroe County and Monroe County Tourist Development Council are to be named additional insured on both the General Liability and Auto Liability Policies. The minimum coverage limitations must be maintained through the contract. V. PAYMENTS Contractor will be paid $2,100 per year, to be paid at the rate of $175.00 per month for services under this agreement. The COUNTY shall pay the Contractor for the performance of said service on a per month in arrears basis on or before the 15th day of the following month in each of twelve (12) months. The Contractor shall invoice the COUNTY monthly for courier services performed under this agreement. Contractor will receive payment for services on a monthly basis. VI. TERM The term of this agreement shall be for a period of one (1) year and commence on April 14, 1995. This agreement may be extended for an additional one (1) year term thereafter at the option of COUNTY. 2 VII. TERMINATION Either party may cancel this agreement upon sixty (60) days written notice after commencement, except that Contractor may not do such for one hundred and eighty days after commencement. COUNTY may additionally terminate this agreement for breach of any promises herein, upon provision of written notice not less than ten days prior to the effective date of said termination. Any waiver of any breach of the covenants and promises herein shall not be construed as a continuing waiver and shall not bar County from terminating for any subsequent breach of the same promise or otherwise. Any and all delivery items shall be picked up at the locations specified in ITEM #1 Locations to be Serviced, or by reasonable change noticed to the Contractor and deliveries shall likewise be made. Vill. CARE Contractor 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 authority, discoloration or deterioration from natural or inherent causes, or from like reasons. The property transported by Contractor, is and will remain, and at all times shall be deemed to be the sole and exclusive property of client and vendor has no right of property therein. The property shall not be transported or delivered to another person, corporation, or other entity without prior written consent or instruction of COUNTY. IX. REQUESTS OUTSIDE AGREEMENT Requests for pickup and delivery by departments and/or agencies other than those specified in ITEM, #1. Locations to be Serviced, will be the sole responsibility of the requester 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. X. ENTIRE AGREEMENT COUNTY and Contractor understand and agree that this document constitutes the entire agreement between the parties for the provision of courier services for the Monroe County Tourist Development Council. XI. PARTIAL INVALIDITY If any terms or provisions of this Agreement shall be found to be illegal or endorsable, then notwithstanding such illegality or ineffaceability, this Agreement shall remain in full force and effect and such terms or provisions shall be deemed to be deleted. 3 XII. 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. XIII. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to 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 the services provided, event sponsored, or other activities and funding associated with this agreement. XIV. MODIFICATION Additions to, modifications to, or deletions from the Scope of Services set forth in this contract may be made only by written mutual agreement, and effective only after recommended by the TDC and approved by the BOCC. XV. NOTICES Any notice to be given under the Agreement shall be given in writing, delivered to the address of each party as follows: For County For Contractor Monroe County Tourist Development Council, Prompt Courier Service 3406 N. Roosevelt Boulevard, Suite 201, 1009 Packer Street Key West, Florida 33040. Key West, Florida 33040 XVI. ACCOUNTING AND RECORDS Records of Contractor pertaining to this Agreement shall be kept on general recognized accounting principles, acceptable to County, and shall be available to the County or to an authorized representative of County for audit. All records related to this Agreement shall be kept for a minimum of three years subsequent to the termination of the Agreement. Contractor shall be responsible for repayment of any and all audit exceptions identified by County or its agents or representatives. In the event of an audit exception, the County's obligation under this Agreement shall be reduced if the exception is ascertained prior to the termination of this Agreement. In the event there are insufficient monies due to Contractor at the time of identification and notice thereof to Contractor to cover the amount of audit exception or the Agreement has terminated, Contractor shall reimburse County for the amount of the audit exception. El I XVII. ETHICS CLAUSE Contractor warrants that he/it has not employed retained or otherwise had act on his/its behalf any former COUNTY office or employee in violation of Section 2 of Ordinance No. 10-1990 or any COUNTY officer or employee in violation Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the COUNTY may, in its discretion terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present COUNTY officer or employee. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. Attest: DANNY L. KOLHAGE, Clerk (SEAL) Attest: witness Approved a t form and legal sufficiency: Date: 9 Board of County Commissioners of Monroe County I Prompt Courier Service BY 5 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATU'M, ON PUBLIC ENTITY CRAM THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.. 1. This sworn statement is submitted to [print name of the public entity] for name [print name of entity submitting sworn whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, 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 of 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. 3. 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. 4. 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. 5. I 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 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, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, artners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has 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 its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the 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. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the 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. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] Sworn to and subscribed before me this J_WLk-day of 19 Personally known V � OR Produced identification Notary Public -State of (Type of identification) Form PUR 7068 (Rev. 06/11/92) My co v p [1141iNDA C. JORDAN EM EXPIRES AUG 10,1998 ` S SONDEc THAU (Printed typMdilstampea ., commissioned name of notary public)