05/05/1993 AgreementAGREEMENT
Agreement dated the s day of �, 1993 between Dayton -Granger
Fulfillment (DGF), 3299 South West 9th Avenue, Fort Lauderdale, Florida 33335-2748, 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 (TDC) requests.
The term is March 12, 1993 through March 30, 1994. Either party may terminate with
90 days written notice.
The parties agrees that:
1)Qontact. Ms. Michelle Reiss is the Director of Fulfillmnt or a wok and
communication for the work under this agreement.
2) Inventory_ DGF will provide, by faxed communicationcl& week0p inv!Vtory
(perpetually updated) to an individual at Tinsley Advertising (as designc,"d _from dime-teime
T,
by the Administrative Director of the TDC). A =�
3) Written Authorization Procedure. To be mutually agreed upon. All shipments to
be based upon written fax or letter instructions from the TDC or its appointed agency
(individual to be designated from time -to -time by the Administrative Director of the TDC).
4) Inventory Handling Upon request by the TDC, DGF shall perform a physical
count of inventory received, and shall provide subsequent inventory receipt quantity
confirmation at $7.50 per pallet.
5) Storage Handling. DGF shall provide safe and dry storage of all consigned
Fulfillment Pieces to be warehoused by DGF in the most economical manner, consistent with
good retrieval / shipping procedures.
6) Storage. The County shall pay $14.50 per pallet per month for the storage of
any materials not printed by Gibbons Publishing, Inc., and DGF will store, free of charge any
materials Gibbons Publishing, Inc. prints for use by the TDC.
7) Shipment Handling. DGF shall coordinate and process all fulfillment orders at a
rate of $19.75 per hour.
8) Poster Fulfillment. DGF shall, using tube or triangular pack, roll, insert, affix
label, meter, and mail at a rate of $1.80 per tube/pack (maximum 7 per tube).
9) Fulfillment Special Packing Orders. DGF shall retrieve and insert specified
pieces in appropriately sized box, prepare all bills of lading, shipping documents (including
international destinations) and zoning calculations, affix label, meter and mail at a rate of
$3.50 per box. For portability, boxes shall weigh no more that 20-25 pounds each, unless
otherwise requested (to be quoted separately) in shipping instructions.
10) Fulfillment Normal Pre -Backed Box Orders. DGF shall retrieve and affix label,
meter and ship at a rate of $0.75 each.
11) Postage/Freight Costs. The County shall pay all postage and freight in addition
to the above handling rates. DGF shall provide freight and postal costs on a regular basis.
12) Terms. Payment shall be made by County at the above described rates, net 30
days following receipt of invoice, with supporting documentation as required by the Finance
Department of Monroe County.
13) Ethics Clause. DGF 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. 010-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 010-1990. 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, for consideration paid to the former County officer or employee.
Further, DGF assures the County that, to the best of their knowledge, the signing of this
Agreement does not create any copflict of interest between itself, its associates, any principal
of its firm, or any member of employee of the County.
14) DGF will act as an independent contractor and not as an employee of the
BOCC/TDC. DGF shall indemnify, defend, and hold the BOCC/TDC and its agents and
employees harmless from and against (1) any and all claims arising from contracts between
DGF and third parties made pursuant to this Agreement and (2) any and all claims, liabilities
or damages arising from the storage and fulfillment of TDC collateral or other promotional
piece(s) unless submitted by the TDC covered by this Agreement, including the costs of
litigation and counsel fees.
15. The COUNTY shall have the option to renew this agreement after the first year,
and each succeeding year, for a maximum of two (2) years.
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 MONROE COUNTY, FLORIDA
&�zBY: a c�
Mayor Vro T
DAYTON-GRANGER FULFILLMENT
SERVICES
BY:
(SEAL) DANNY L. KOLHAGE, Clerk
ATTEST: 1"4z
BY: C • '. -
Clerk
(SEAL)
ATTE T:
BY:
Approved as to form angicz'.
ciency
BY: L3 .3
Attor
SWORN STATEMENT PURSUANT TO SECTION 287.03(3)(a),
FLORIDA STATU77S, ON PUBLIC ENT17Y CRII1IES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADBEWSTER OATHS..
L This sworn statement is submitted to Board of County Commissioners Monroe County, FI
by Gibbons D . Cline, President pit name of the public entity]
(print Individual's name and title]
for Dayton -Granger Fulfillment
[print name of entity submitting sworn statement]
whose business address is
3299 SW 9 Ave. , Ft. Lauderdale, FL 33315
and (if applicable) its Federal Employer Identification Number gMIN) is. 6 5 - 015 7 7 21
(If the entity has no FEIN, include. the -Socid Security Number of the individual signing this
sworn statement: •)
2 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 seivices 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, thetk bribery, collusion, racketeering, conspirac N or material misrepresentation.
3. I understand that 'convicted! or •conviction' as defined in Paragraph 287.133(1)(b), Florida Statutm 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), Florldir Statutes. mesas:
L 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,
curatives, 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 foffair market value under an arms length
agreement, shall be a prima fade 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 bWnsidered an affiliate,
S. 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.]
X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, 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 Mal order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TQ THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM I.S 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.
Saorn to and subscribed before me this 5 t h day of A p r i l , 19 9 3
Personally ]mown
OR Produced identification
or
. 1 ✓. ��, ,
Form PUR 7068 (Rev. 06/11/92)
Notary 'Public - State of
r .
My commission expires
(Printed typed ors ed
co...... onyx na notary public)
N61ary,Wblic -- Stain of Florida
My Comm. expires November 18, 1994
#CC 06453 _
ID Used