01/29/1992 AgreementA reetent-dated the 29th day of January 1992 between Dayton -
Grange fulfillment (DGF), 3299 South West 9th Avenue, Fort Lauderdale, Florida
M
33p5-2748, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FL0RID7 (BOCC). This agreement covers warehousing, processing, billing,
U_
postage and other shipping materials to fulfill all Monroe County Tourist
Development Council requests.
The term is January 21, 1992 through September 30, 1992. Either party
may terminate with 90 days written ' notice.
DGF agrees that:
1) Contact. Mr. John Lowell is the Director of Fulfillment for all work
and communication for the Keys Account.
2) Inventory DGF will provide, by faxed communication, a weekly
inventory (perpetually updated) to an individual at Tinsley Advertising (as
designated from time -to -time by the Administrative Director of the TDC).
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 Handlings Pick-up fulfillment material in Miami at $10
per pallet. Receive inventory (fulfillment pieces to consist of brochures, cards,
calendars, posters, envelopes, bumper stickers, guides and coupon books) on
consignment. Initial and subsequent inventory receipt quantity confirmation at
$7.50 per pallet.
5) Storage Handling All consigned Fulfillment Pieces to be warehoused
by DGF will be provided safe and dry storage in the most economical manner,
consistent with good retrieval/shipping procedures.
6) Storage. The TDC will pay $14.50 per skid 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. Coordinate and process all fulfillment orders at
$19.75 per hour.
8) Poster Fulfillment. Using tube or triangular pack, roll, insert, affix
label, meter, and mail at $1.80 per tube/pack (maximum 7 per tube).
9) Fulfillment Special Packing Orders. 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 $3.50 per box. , For portability, boxes to weight . no more that 20-25
pounds each, unless otherwise requested (to be- quoted separately) in shipping
instructions.
10) Fulfillment Normal Pre -packed Box Orders. Retrieve and affix label,
meter and ship at $0.75 each.
1 1)
Postage/Freight Costs. TDC
to pay all postage and
freight. Freight
and Postal
accounting to
be provided on
a regular basis.
12)
Terms. Net 30 days following receipt of invoice.
13)
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. 101-1990
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.
2
t
w
' . t
Further, DGF assures the County that, to the best of their knowledge, the
signing of this Agreement does not create any conflict 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.
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
BY:
Mayor/Chairman
DAYTON-GRANGER FULFILLMENT
SERVICES
BY:
Approved as to form an al sufficiency
BY: z X_�_/'a1, 7
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk
O'/. .10A -0
BY:
Clerk
(SEAL)
ATTEST:
BY:
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
DAYTON-GRANGER FULFILLMENT SERVICES wprrants that he/it hRs not employed
retained or otherwise had act on his/its behalf any former County.officer
or employee in voliation of Section 2 of Ordinance No. 10-1990 or any
County officer or employee in violation of 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 County officer or employee.
(signature)
Date: 3/4/92
STATE OF
Florida
COUNTY OF Monroe
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
G,.D. Cline _ who, after first being sworn by me,
affixed his/her signature (name of individual signing) in the space
provided above on this 4t-h ._day of
e
March If19 92
M ri Gal ez
NOTARY PUBLIC # 64533
ID: DL
My commission.expires:
NOTARY PjTnnTC q; ,, C� r. r
MY CCP er A.
BonED THRU XUTARY PuiiLIC Ui1WERWALT"_
FLORI12A STATUTES. ON PUBLIC ENTITY CRIMES 1.
THIS FORM MUST BE SIGNED IN THL' PRL• SrENCE• OF A NOTARY PUBLIC OR OTIMR OFFICER
.AUTHORI:ED TO ADMINISTER OATHS.
Cr .
L . 'This sworn statement. Is submitted with Bid. Proposal or Contract No.
for Monroe County Tourist Development -Council Travel Guide
2 This•'•sworn statement is submitted by DAYTON-GRAINGER FULFILLMENT SERVICES
• In —a of entity submitting sworn statement]
` whose btzsiaeas address is 99198 Ove-rseas Hwy. ; F.0. Box. 2921
Key Largo., FL 33037
and
(if applicable) its'Federal. Employer Identification Number (FEIIN) is . 6-5 - 015 7 7 21
(If the entity has ao FEW, include the Soe.'al S=ritp Number of the individual signing this sworn
statement: N / A
3. Myaame-is ' G.D. 'Cline
[please print name of Individual signiugj and my relationship to the
entity named above Is President
4• I understand that a 'public entity aime' as defined in Paragraph 287.133(1)(g), Florida Statu=
means a violation -of any state or• federal law by a peson with respect to and directly related to the
traasac:ion of business with any public entity or wuh an agency or pOLlticai subdfvision of any other
state or with the United States, including, but not Limited to, nay bid or contract for Soods or
services to be provided to any public entity or an agency. or pofitirsl subdivision of nap other stun
C , or Of the United Sines cad lnvotvlag anritrtsst, haul they, bey, m��, &
maaspiracy, or ma=W misrepresentation.
I understand that'conviaed• or'canviction' as desned in Paragraph =JM(1)(b). Florids StaW=
means a finding of p9t or a conviction of a public entity efine. with or with= as adfatfication of
SuRt, fn any federal or state trial cotart of record relating to charges bwaght by iadic:meat or
informat±on atter July 1.1989, as a result of a jury vet, nonjury trial, or entry► of a plea of guilty
or nolo contendem
6. I understand that an 'atffilate• as deSned in Paragraph 287.1:3(1)(a), Flortds Statutes. means:
L A predeccsor or succor of a person convicted of a public entity =fact: or
Z. An entity under the control of any natural person who is active in the management of the
cant? and 'who acts been convicted of a public entity crime. 'The term 'affiiate• in those
offf=%. direcom erecztives, parmem shareholdmz, employers,12=bes, and agents who are active
in the tmanageaunt of an affiliate. The ownership by one person of shoes constimting a controlling
interest in another person. or a pooling of cRuipmeat or income among persons when not for fair
market value under an arms length agreerneat, shall be a prima face cite that Otte person coatrok
aaOther p=On. A person who knowinVy enters Into a joint venture with a person who has been
convicted of a public entity crime is Florida during the preceding 36 months shall be considered an
affiliate.
7 A Understand that a *pm. an" as dewed is Paragraph Z37.133(1)(e), Florida Sta= meats 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 savicts let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The terra 'person' includes those otIIceM directors, csecutivqs, partnem
shareholde= employers, members, and agents who are active in management of as entirr.
$ Based on inforrnation and belief. the statement which I have marked below is true is relation (o the
east}• sut)miuing this sworn statement. (Please Indicate which statement applies j
pat•tners, snareholders, emplovees. members; or agents who are active in management of the east,
nor any affiliate of the entity have brca charged with and convictry.:d of a public entity 'crime'
subsequent to July 1, 1989. -
The entity submitting this sworn statement. or ,
executives, partners, Shareholders, employees, °� or more of the offic crs, . directors,
p ogees. members. or agents who are active Ice management of
- --the entity, or an aAMIate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, �12 _ [pleas ladicata which addl
_ tlonal statement applies.,
There has been aro .
-- - the State otFlorida,. Division off d �n� g �a OD��oa before a hearing* officer of
h�riag�otlfccr did not lace the AdiZtIIIlStraLive Hearings. The final order entered by the
F person or affiliate on the convicted vendor list. [Please
nuach a COPY of the final order.] _
The person or afBUate was placed OIL the cattvicted vendor list 'There has been a
_ subsequent proceeding - before a hearing offcer of ._the States oC Florida. Division of
_ Adminismttve Hearings, The ftW order entered by the hearts: office
_ was in the public iaierest to removg the person or g demnniaed that it
[Please attach a copy of the final order.]p .Sta from the.coavicted Vendor list.
•
— The person or affiliate has not been placed on the convicted vendor list. [Please
describes any action taken by or pending with the Department of General Services.)
[ guature]
Date: ' 3/ 4 / 9 2--
STATE OF Florida
COUNTY OF Monroe
PERSONALLY APPEARED BEFORE MEv the undersigned authority,
G.D. Cline
[name of Individual signtngj who, after dut being sworn by Me, affbted his/her signature
is the space provided above an this 4th
day of March 19 92
Tp;.AM rcommission espir=
Zi r T
='
ECOn1� 1fIl:u n`J.A`ta
Form FUR 7068 (Rev. 1189)
Maria Galvez
#CC064533
ID: DL
'"U"Aff ruaLit: —
0