HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-124Temp. Reso. #14027
Page 1 of 4
October 25, 2023
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023- ail.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD REQUEST FOR
PROPOSAL #23-17R, "PRINTING & DISTRIBUTION OF CITY
OF TAMARAC PUBLICATIONS" TO AND EXECUTE AN
AGREEMENT WITH SOUTHEASTERN PRINTING COMPANY,
INC, FOR PRINTING SERVICES FOR A FIVE (5) YEAR
PERIOD, PROVIDING FOR TWO (2) ADDITIONAL TWO (2)
YEAR RENEWALS AT THE DISCRETION OF THE CITY; AT
AN ESTIMATED AMOUNT UP TO THE BUDGETED AMOUNT
OF $233,000 ANNUALLY OR $1,165,000 FOR THE TOTAL
FIVE YEAR PERIOD; AUTHORIZING THE CITY MANAGER
TO APPROVE SUBSEQUENT TWO (2) YEAR RENEWALS
AND APPROVE EXPENDITURES FOR PRINTING;
APPROVED ASSIGNMENTS AND OTHER AMENDMENTS TO
THE AGREEMENT; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac requires printed newsletters, reports, banners
postcards, brochures and other documents as required by the City to effectively
advertise and notify residents, employees and other stakeholders of information, events,
and functions; and
WHEREAS, the City of Tamarac publicly advertised Request for Proposal #23-
17R "Printing and Distribution of City of Tamarac Publications" from June 29, 2023 until
July 27; and a copy of said proposal is on file in the office of the City Clerk; and
WHEREAS, proposals were solicited from vendors, via Bids and Tenders, and
two (2) proposals were received and evaluated as per the Request for Proposal from
1
Temp. Reso. #14027
Page 2 of 4
October 25, 2023
the following firms:
• Southeastern Printing Company, Inc.
• Original Impressions
WHEREAS, after extensive evaluation and consideration by the Evaluation
Committee consisting of the Senior Strategic Communications Officer — Public
Information Office, Assistant Director of Parks and Recreation, Marketing Specialist —
Public Information Officer, Executive Assistant — Financial Services Department until
her retirement, the Community Services Manager — Parks and Recreation), and
Executive Assistant — City Manager's Office, they ranked the proposal from
Southeastern Printing Company, Inc., as the most advantageous response to the City's
needs, as shown in the scoring summaries attached hereto as Exhibit 1" and
WHEREAS, funds are budgeted in the Public Information Office's "Printing and
Binding" account; and
WHEREAS, it is the recommendation of the Senior Strategic Communications
Officer and the Purchasing and Contracts Manager that Request for Proposal #23-17R,
"Printing & Distribution of City of Tamarac Publications" be awarded to, and an
agreement be accepted and executed with Southeastern Printing Company, Inc., for a
five (5) year period, providing for two (2) additional two (2) year renewals at the
discretion of the City; a copy of said Agreement is attached hereto as Exhibit "2", and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to award and to
execute an Agreement with Southeastern Printing Company, Inc., for a five (5) year
term, providing for two (2) additional two (2) year renewals at the discretion of the City
2
Temp. Reso. #14027
Page 3 of 4
October 25, 2023
for the printing and mailing of City publications and to authorize the City Manager to
approve and execute subsequent renewals and expenditures for printing as may be
required and as included in the proposal and contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof. All exhibits referenced and attached hereto are
incorporated herein and made a specific part of this resolution.
SECTION 2: That RFP #23-17R "Printing & Distribution of City of
Tamarac Publications" be awarded to and that an Agreement be executed with
Southeastern Printing Company, Inc., in an estimated amount up to the budgeted
amount of $233,000 annually or $1,165,000 for the total five year period for printing
services for a five (5) year period, providing for two (2) additional two (2) year renewals
at the discretion of the City, included herein as Exhibit "2".
SECTION 3: The City Manager is hereby authorized to approve and
execute subsequent two (2) year renewals as provided for in the Agreement, approve
assignments and other amendments to the agreement, and approve the expenditures
for printing as may be required and as outlined in the agreement with Southeastern
Printing Company, Inc.,
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
3
Temp. Reso. #14027
Page 4 of 4
October 25, 2023
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this o't'S day of OC701256(\- , 2023.
ATTEST:
KIMBERLY bILLON
CITY CLERK
MIC ELLE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
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DIST 1:
V/M BOLTON
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DIST 2:
COMM. WRIGHT JR
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DIST 3:
COMM. VILLALOBOS
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DIST 4:
COMM. DANIEL
1_16S
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY
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TAMARAC
of
The City For Your Life Purchasing and Contracts Division
AGREEMENT BETWEEN
THE CITY OF TAMARAC
AND
SOUTHEASTERN PRINTING COMPANY, INC.
THIS AGREEMENT is made and entered into this 2day of Ot4UL ,2023 by
and between the City of Tamarac, a municipal corporation with principal offices located at
7525 N.W. 88th Ave., Tamarac, FL, 33321 (the "CITY") and Southeastern Printing
Company, Inc. a Florida corporation with principal offices located at 950 SE 8th St,
Hialeah, FL, 33010 (the "Contractor") to provide for the printing and distribution of City of
Tamarac publications.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and
Contractor agree as follows:
1. The Contract Documents
The contract documents consist of this Agreement, Request for Proposal (RFP) Document
No. 23-17R for "PRINTING & DISTRIBUTION OF CITY OF TAMARAC PUBLICATIONS",
including all conditions therein, (Standard Terms and Conditions, Special Conditions
and/or Special Provisions, Instructions to Offerors, Scope of Work), all addenda, the
Contractor's bid/proposal included herein, and all modifications issued after execution of
this Agreement. These contract documents form the Agreement, and all are as fully a part
of the Agreement as if attached to this Agreement or repeated therein. In the event that
there is a conflict between RFP 23-17R, "PRINTING & DISTRIBUTION OF CITY OF
TAMARAC PUBLICATIONS" as issued by the City, and the Contractor's Proposal; RFP
23-17R, "PRINTING & DISTRIBUTION OF CITY OF TAMARAC PUBLICATIONS" as
issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in
the event of a conflict between this document and any other contract documents, this
Agreement shall prevail.
2. The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to print,
furnish, deliver, and distribute various City of Tamarac publications.
2.1.2 Contractor shall provide all services in accordance with the scope of work
enumerated in Request for Proposal 23-17R, "PRINTING & DISTRIBUTION
OF CITY OF TAMARAC PUBLICATIONS".
2.1.3 Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
subcontractors, if any, with respect to the work and services described herein.
3. Insurance
3.1 Contractor shall obtain at Contractor's expense all necessary insurance in such
form and amount as specified in the original bid document or as required by the City's Risk
TAMA� RACE
uly The City For Your Life
and Safety Manager before beginning work under this Agreement including, but not limited
to, Workers' Compensation, Commercial General Liability, and all other insurance as
required by the City, including Professional Liability when appropriate. Contractor shall
maintain such insurance in full force and effect during the life of this Agreement. Contractor
shall provide to the City's Risk and Safety Manager certificates of all insurances required
under this section prior to beginning any work under this Agreement. The Contractor will
ensure that all subcontractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this agreement.
3.2 Contractor shall indemnify and hold the City harmless for any damages resulting
from failure of the Contractor to take out and maintain such insurance. Contractor's
Liability Insurance policies shall be endorsed to add the City as an additional insured.
Contractor shall be responsible for payment of all deductibles and self-insurance
retentions on Contractor's Liability Insurance policies. The following are required types
and minimum limits of insurance coverage, which the Bidder agrees to maintain during the
term of this contract:
• General Liability - $1 M/$2M
• Automobile — $1 M/$1 M
• Workers Comp — Statutory
4. Term of Contract
4.1 This Agreement shall be effective upon the final approval date by all parties. The
initial contract period shall be for five (5) years based upon successful
performance by the Contractor. The Contractor, however, shall initially contract
exclusively with the City for a guaranteed period of six (6) months. The Contractor
shall be evaluated by City personnel during this time period. During the initial six
(6) month period, the contractor shall enjoy an exclusive contract relationship with
the City. Upon completion of the initial six (6) month period, however,
unsatisfactory performance by the Contractor shall result in the loss of exclusivity.
Satisfactory performance will result in the Contractor maintaining its exclusive right
to perform the requirements of this Agreement for additional six (6) month terms
until the completion of the full five (5) year term.
4.2 Agreement Renewals: Upon completion of the first full five (5) year period, the City
reserves the right to renew the Contract for up to two (2) additional two (2) year
renewal options to be exercised as mutually agreed by City and Contractor based
on Contractor's agreement to the same terms and conditions; and by providing
written notice to the City not less than ninety (90) days prior to renewal date of any
adjustment in the Contract amount for the upcoming renewal period. Contract
renewal will be based on satisfactory performance, mutual acceptance, and
determination that the Contract is in the best interest of the City. The ongoing
performance evaluation process will continue during any renewal periods for the
life of the Agreement.
4.3 In the event services are scheduled to end because of the expiration of this
contract, the Contractor shall continue the service upon the request of the
2
TAMARAC
The City For Your Life
Purchasing and Contracts Manager on a month -to -month basis until such time as
a new Agreement is awarded and in place, or upon mutual agreement of the
parties. The contractor shall be compensated for the service at the rate in effect
when this extension clause is invoked by the City.
5. Performance Evaluation
The City shall utilize a performance questionnaire, which shall be mutually developed and
agreed upon by the City and Contractor, based on the Sample shown as Appendix A
herein. Upon completion of any mutual agreement regarding the contents of the
performance questionnaire by the City and Contractor, the final document shall replace
and supersede Appendix A, as a part of this Agreement. The City and Contractor, from
time to time, may make additions, deletions or changes to Appendix A under the terms of
this Agreement.
6. Contract Pricing
Pricing shall be in accordance with the "Pricing Schedule" attached hereto as in Appendix
B herein, and the Contract Sum shall be for the actual quantities ordered.
7. Payments
7.1 The City shall pay for work ordered by the City and completed by the Contractor
on a task basis. The City shall pay the Contractor for work performed subject to the
specifications of the job and subject to any additions and deductions by subsequent
change order provided in the contract documents. The City has up to thirty (30) days to
review, approve, and pay all invoices after receipt.
7.2 All payments under this Agreement shall be governed by the Local Government
Prompt Payment Act, F.S., Part VII, Chapter 218.
8. Economic Adjustment — Escalation / De-escalation:
8.1 Prices, terms and conditions shall remain firm for a minimum of the first three (3)
years of the term of this Agreement unless modified or canceled in accordance with the
provisions of this Proposal. An economic adjustment will be permitted on or after the three
(3) year anniversary date of the commencement of this Agreement, and such adjustment
must remain in place for the remaining duration of the five (5) year term. Upon expiration
of the initial term of the Agreement, pricing for subsequent renewal periods may then be
adjusted on the anniversary date of the Agreement in accordance with the then current
Miami Urban Consumer Price Index (CPI), which shall apply to actual costs. During the
first three (3) years of the term and the remaining two (2) years of the initial five (5) year
term of the Agreement, a pass -through allowance will ONLY be allowed in the event of an
increase of postal rates by the U.S. Postal Service or in the event of an increase in material
due to an unanticipated extreme or unforeseen volatility in the marketplace due to factors
beyond the control of the Contractor which meet the criteria enumerated in Section 4.6.2
"Equitable Adjustment Provision" of this Agreement herein. Price adjustments must only
provide for a pass -through of the actual increase; and under no circumstance will the
Contractor be entitled to any price adjustments for additional profit during the life of the
agreement. Such requests must be fully documented as detailed in Section 4.6.3
3
TAMARAC
City of Tura _ The City For Your Life Purchasing € n d Contracts Division,
"Documentation" herein. No additional cost increases will be permitted during the initial
term.
8.2 Equitable Adjustment Provision: The City of Tamarac may, in its sole discretion,
make an equitable adjustment in the Contract Terms and conditions and/or pricing. If
pricing or availability of supply is affected by extreme or unforeseen volatility in the
marketplace that satisfy all the following criteria: 1) the volatility is due to causes wholly
beyond the Contractor's control; 2) the volatility affects the marketplace or industry, not
just the particular Contractor's source of supply; 3) the effect on pricing or availability of
supply is substantial; and 4) the volatility so affects the Contractor that continued
performance of the Contract would result in substantial loss.
8.3 Documentation: Any adjustment will require irrefutable evidence and written
approval by the City. The City may elect to provide a one-time increase, an increase for a
predetermined period which may be reflected as a change in the unit price or as a
surcharge in addition to the unit price, or an increase for the remainder of the contract. In
the event of any market decreases the Contractor shall in good faith provide the City with
reduced pricing. All requests for Equitable Adjustments must be addressed in writing to
the attention of the Purchasing and Contracts Manager, and include appropriate
documentation including but not limited to, data from established government or industry
indices, market trend data, actual invoices for materials, catalog pricing from Contractor's
suppliers, notification from suppliers or manufacturers or other information as agreed upon
between the City and the Successful proposer.
9. Indemnification
9.1 The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits, actions,
damages, liability, and expenses (including attorneys' fees) in connection with loss of life,
bodily or personal injury, or property damage, including loss of use thereof, directly or
indirectly caused by, resulting from, arising out of or occurring in connection with the
operations of the Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the gross negligence or willful misconduct of the
City or its elected or appointed officials and employees. The above provisions shall
survive the termination of this Agreement and shall pertain to any occurrence during the
term of this Agreement, even though the claim may be made after the termination hereof.
9.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the terms and
conditions of this Article shall survive indefinitely.
i. The Contractor shall pay all claims, losses, liens, settlements, or judgments
of any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
ii. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Contractor under the indemnification agreement.
4
TAMARAC
City of Tomoro, The City For Your Life Purchasing and Contracts Division
9.3 Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time to time.
10. Remedies
10.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in accordance with
the requirements of this Agreement, or for losses sustained by the City resultant from the
Contractor's failure to perform in accordance with the requirements of this Agreement.
10.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor
does not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, the City reserves the right to require that the Contractor correct all
deficiencies in the work to bring the work into conformance without additional cost to the
City, and / or replace any personnel who fail to perform in accordance with the
requirements of this Agreement. The City shall be the sole judge of non-conformance and
the quality of workmanship.
11. Change Orders or Agreement Amendments
Without invalidating the contract, without any monetary compensation, and without notice to
any surety, the City reserves and shall have the right to make increases, decreases or other
changes to the work as may be considered necessary or desirable to complete the proposed
engagement in a satisfactory manner. The Contractor shall not start work pursuant to a
change order or agreement amendment until such document setting forth the adjustments is
approved by the City; and executed by the City and Contractor. Once the change order or
agreement amendment is so approved, the Contractor shall promptly proceed with the work.
The Contract Price constitutes the total compensation (subject to authorized adjustments, if
applicable) payable to the Contractor for performing the work. All duties, responsibilities and
obligations assigned to or undertaken by the Contractor shall be at Contractor's expense
without change in the Contract Price or Time except as approved in writing by the City.
The Contract Price and/or Time may only be changed by a change order or agreement
amendment. A fully executed change order / agreement amendment for any additional duties
must exist before such extra duties are initiated. Any claim for an increase or decrease in
the Contract Price shall be based on written notice delivered by the party making the claim
to the other party promptly (but in no event later than 15 days) after the occurrence of the
event giving rise to the claim and stating the general nature of the claim. The amount of the
claim with supporting data shall be delivered (unless the City allows an additional period of
time to ascertain more accurate data in support of the claim) and shall be accompanied by
claimant's written statement that the amount claimed covers all known amounts to which the
claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in
the Contract Price will be valid if not submitted in accordance with this Paragraph.
In the event satisfactory adjustment cannot be reached by the City and the Contractor for
any item requiring a change in the contract, and a change order or agreement amendment
has not been issued, the City reserves the right at its sole option to terminate the contract as
it applies to these items in question and make such arrangements as the City deems
necessary to complete the work. The cost of any work covered by a change order or
agreement amendment for an increase or decrease in the contract price shall be determined
by mutual acceptance of a Guaranteed Maximum Price by the City and Contractor. If notice
5
TAMA� RAC
The City For Your Life
of any change in the contract or contract time is required to be given to a surety by the
provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and
the amount of each applicable bond shall be adjusted accordingly. The Contractor shall
furnish proof of such adjustment to the City. Failure of the Contractor to obtain such approval
from the Surety may be a basis for termination of this Contract by the City.
12. Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color,
sex including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity and expression, or disability if qualified.
The Contractor will take affirmative action to ensure that employees and those of its
subcontractors are treated during employment, without regard to their race, color, sex
including pregnancy, religion, age, national origin, marital status, political affiliation, familial
status, sexual orientation, gender identity or expression, or disability if qualified. Such
actions must include, but not be limited to, the following: employment, promotion;
demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
The Contractor and its subcontractors shall agree to post in conspicuous places, available
to its employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause. The Contractor further
agrees that he/she will ensure that all subcontractors, if any, will be made aware of and
will comply with this nondiscrimination clause.
13. Independent Contractor
This Agreement does not create an employee/employer relationship between the Parties.
It is the intent of the Parties that the Contractor is an independent contractor under this
Agreement and not the City's employee for any purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment
Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation
Act, and the State Unemployment Insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's
activities and responsibilities hereunder provided, further that administrative procedures
applicable to services rendered under this Agreement shall be those of Contractor, which
policies of Contractor shall not conflict with City, State, or United States policies, rules or
regulations relating to the use of Contractor's funds provided for herein. The Contractor
agrees that it is a separate and independent enterprise from the City, that it had full
opportunity to find other business, that it has made its own investment in its business, and
that it will utilize a high level of skill necessary to perform the work. This Agreement shall
not be construed as creating any joint employment relationship between the Contractor
and the City and the City will not be liable for any obligation incurred by Contractor,
including but not limited to unpaid minimum wages and/or overtime premiums.
14. Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement without
the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
0
Tim=
`it ofT man The City For Your Life Purchasing and Contracts
15. Notice
Whenever either party desires or is required under this Agreement to give notice to any
other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service,
as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the same address
CONTRACTOR
Name: Southeastern Printing Company, Inc.
Address: 950 SE 8th Street, Hialeah, FL, 33010
FIN/EIN: 65-0717119
Contact: Stephen Meltzer
Email: smeltzer@seprint.com
Phone: 954-658-0527
16. Termination
16.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the City to the Contractor for such
termination in which event the Contractor shall be paid its compensation for services
performed to termination date, including services reasonably related to termination. In the
event that the Contractor abandons this Agreement or causes it to be terminated,
Contractor shall indemnify the city against loss pertaining to this termination.
16.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of thirty
(30) days after receipt by Contractor of written notice of such neglect or failure.
17. Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City
of Tamarac in the annual budget for each fiscal year of this Agreement and is subject to
termination based on lack of funding.
18. Venue
This Agreement shall be governed by the laws of the State of Florida as now and hereafter
in force. The venue for actions arising out of this agreement is fixed in Broward County,
Florida.
7
The City For Your LifePQ
19. Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
20. Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall,
as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions hereof or affecting the validity or
enforceability of such provisions in any other jurisdiction. The non -enforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
21. Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the City,
and negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document executed
by both the Contractor and the City.
22. No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to
the drafting of this Agreement. Given this fact, no legal or other presumptions against the
party drafting this Agreement concerning its construction, interpretation or otherwise
accrue to the benefit of any party to the Agreement, and each party expressly waives the
right to assert such a presumption in any proceedings or disputes connected with, arising
out of, or involving this Agreement.
23. Uncontrollable Circumstances
Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non -performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited to
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage,
and governmental actions.
Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
24. Scrutinized Companies - 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in
a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
E.
TA�.MARAC
The City For Your Life Purchasing and Contract
Energy Sector List, or has Contractor been engaged in business operations in Syria.
Subject to limited exceptions provided in state law, the City will not contract for the
provision of goods or services with any scrutinized company referred to above.
Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to Contractor of the City's determination concerning the
false certification. Contractor shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active
contract term, Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination of false certification was made
in error. If Contractor does not demonstrate that the City's determination of false
certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from
time to time.
25. Public Records
25.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes.
The Contractor shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
25.1.1 Keep and maintain public records required by the City in order to perform
the service;
25.1.2 Upon request from the City's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided
in this chapter or as otherwise provided by law.
25.1.3 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the Agreement
and any renewals thereof if CONTRACTOR does not transfer the records to the
CITY.
25.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY, all
public records in possession of CONTRACTOR, or keep and maintain public
records required by the CITY to perform the service. If CONTRACTOR transfers
all public records to the CITY upon completion of the Agreement, CONTRACTOR
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If CONTRACTOR keeps and
maintains public records upon completion of the Agreement, CONTRACTOR shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the CITY, upon request from the CITY's
custodian of public records in a format that is compatible with the information
technology systems of the CITY.
25.2 During the term of the contract, the Contractor shall maintain all books, reports and
records in accordance with generally accepted accounting practices and standards for
records directly related to this contract. The form of all records and reports shall be subject
to the approval of the City's Auditor. The Contractor agrees to make available to the City's
9
TAMARAC
The City For Your lifer crttrcDivi
, .
Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all
books of account, reports and records relating to this contract.
26. E-Verify
As a condition precedent to entering into this Agreement, and in compliance with Section
448.095, Fla. Stat., Consultant and its subcontractors shall, register with and use the E-Verify
system to verify work authorization status of all employees hired after January 1, 2021.
Consultant shall require each of its subcontractors to provide Consultant with an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. Consultant shall maintain a copy of the subcontractor's affidavit as part
of and pursuant to the records retention requirements of this Agreement. City, Consultant,
or any subcontractor/subconsultant who has a good faith belief that a person or entity with
which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions
of this section shall terminate the contract with the person or entity. City, upon good faith
belief that a subcontractor knowingly violated the provisions of this section; but Consultant
otherwise complied, shall promptly notify Consultant and Consultant shall immediately
terminate the contract with the subcontractor.
An agreement or contract terminated under the provisions of this section is not a breach of
contract and may not be considered such. Any agreement or contract termination under the
provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat.
Consultant acknowledges that upon termination of this Agreement by the City for a violation
of this section by Consultant, Consultant may not be awarded a public contract for at least
one (1) year. Consultant further acknowledges that Consultant is liable for any additional
costs incurred by the City as a result of termination of any contract for a violation of this
section. Consultant or subcontractor shall insert in any subcontracts the clauses set forth in
this section; requiring the subcontractors to include these clauses in any lower tier
subcontracts. Consultant shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in this section.
27. Custodian of Records
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERKOTAMARAC.ORG
W]
TAMARAC
The City For Your fife �_ ,
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City
Manager, and Southeastern Printing Company, Inc., signing by and through its CEO duly
authorized to execute same.
0 TAMA
q
. g�,�N�p•. Q _
ESQ P �gg3 : C
ATTEST`
Kimberly Dill�n,10Vr -City Clerk
Date
ATTEST:
i nature of Corporate Secretary
Donald Mader
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
CITY OF TAMARAC
Mic Ile J. Gomez, Mayor
tj Lent Sucuoglu, City Manager
Date
Z
d form and legal sufficiency:
tinot, ity Attorney
,,7 A /-
Date
Southeastern Printing Company, Inc.
Compan ame
--t
Si ature of CEO
Donald Mader
CEO
to q 3
Date
11
TAM.LARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF F�cf0G
SS
COUNTY OF (Y)VAO\�-Oac1e
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Donald Mader, CEO of Southeastern Printing Company, Inc., a Florida Corporation, to me
known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this
` Rodger A. FbolOtfon
Notary Public
2 c State of Florida
: Comm# HH066017
e Expires 11/22/2024
day of U-A c iX-r � -r' , 20 -23.
12
Signature of Notary Public
State of Florida at Large
P� CtAy t A, kA-e(kmcW
Print, Type or Stamp
Name of Notary Public
9. Personally known to
me or
❑ Produced
Identification
Type of I.D. Produced
❑ DID take an
oath, or
10 DID NOT take
an oath.
T,AM1 ARAM
City of Tamarac The City For Your Life purchasing and Contracts Division
APPENDIX A — PERFORMANCE REPORT CARD
Sample
Printing & Distribution of City of Tamarac Documents
Performance ratings are intended to assess the contractor's conformance to contract
requirements, specifications, and standards of good workmanship. The rating scale to be
used is as follows:
Performance Rating
Criteria
5 — Exceptional
Performance meets or exceeds requirements with few minor problems
for which corrective actions were highly effective
4 — Very Good
Performance meets requirements with some minor problems for which
corrective actions were highly effective
3 — Satisfactory
Performance meets requirements with some minor problems for which
corrective actions were satisfactory
Performance does not meet some requirements with problems for which
2 — Marginal
corrective actions appear only marginally effective or have not been fully
implemented
Performance does not meet most contractual requirements with
1 — Unsatisfactory
problems for which corrective actions appear ineffective and/or have not
been identified or implemented
Performance Area: Quality of Publication
Exceptional 4 Satisfactory 4
Unsatisfactory
Text clear, crisp and easy to read
5
4
3
2
1
Free from smears, streaks & discolorations
5
4
3
2
1
Publications well -assembled, free from poor folds or poor
-stapling
5
4
3
2
1
-Paper quality is acceptable
5
4
3
2
1
Free from significant typographical errors
5
4
3
2
1
Photos & Clip -art are clear & crisp
5
4
3
2
1
Performance Area: Ability to Meet Deadlines
Exceptional 4
Unsatisfactory
Satisfactory 4
-Pre-press work & Typesetting on schedule
5 4
3 2 1
Final production on schedule
5 4
3 2 1
Final delivery to mail distribution agent on schedule
5 4
3 2 1
13
rM A R A C.
The City For Your Life
APPENDIX B — PRICING SCHEDULE
PRINTING & DISTRIBUTION OF CITY OF TAMARAC PUBLICATIONS
Required Items
Items
Description
Estimated Quantity of
Single Run
Tam -A -Gram
24 pages, self -cover, full color, with
bleeds and a finished size 8 ''/2" x 11" on
$ 20,039.20 Per 37,000
70 # coated text and saddle stitched
binding. Including all charges for printing.
Water Quality
(Typical size / designs; Specifications
Reports
may change depending on the final
design of the publication): 4 pages full
color with bleeds and a finished size of
$ 3,405.50 Per 17,500
5.5"x8.5" (11" x 17" folded to 8.5" x 11"
and folded again to 5.5" x 8.5") on 70#
coated text.
ACFR Condensed
4 pages, full color (4/4), 11"x"17 folded to
Report
8.5"x 11", 80# GLOSS TEXT, Finishing
Bound, Saddle Stitch on 11" side. Stitch 4
$ 4,327.50 Per 37,500
Pages into center of Tam -A -Gram once
yearly, normally in the July/August issue.
Flood Insurance
4 pages, 2 colors (2/2), 11"x17" folded to
Program Pamphlet
8.5"x 11" on 50# white offset. Flood
$ 3,195.00 Per 37,500
Protection Brochures are stitched into the
center of Tam -A -Gram twice yearly.
As -Needed Items
Tam -A -Gram Extra
(typical size/designs; specifications
may change depending on the final
design of the publication): 4 pages full
$ 4,329.00 Per 37,000
color with bleeds and a finished size 8'/z"
x 11" on 70# coated text. Including all
charges for printing.
Postcards
Item 1 (option): 6" x 9", 4/4. 10 pt. c2s
$ 817.00 Per 5,000
card, with bleeds.
Item 2 (option): 6" x 9", 2/2. 10 pt. c2s
$ 1,107.00 Per 5,000
card. (no bleeds).
Item 3 (option): 11"x5", 4/4. 100# Gloss
Cover
$ 3,996.00 Per 36,000
How to Do Business
Item 1: 4 pages, full color 4/4 with full
with the City Brochure
bleeds, 80# Endurance Gloss Cover,
Single sheet flat size 11" x 17" single
$ 595.00 Per 500
folded in half, printed double -sided to
create 4 - 8.5" x 11" pages.
Miscellaneous Tri-
Item 1: 1 page, full color, with bleeds,
Fold Brochures
with a finished size of 3.67" x 8.5" on 80
$ 467.00 Per 500
# gloss.
Item 2 (option): 1 page, 1 color (1/1), with
$ 448.00 Per 500
a finished size of 3.67" x 8.5", on 20# bond
color paper. No bleed.
Banners
Item 1: 29" x 96" outdoor vinyl pole
banners, full color (same image both
$ 5,351.00 Per 50
sides). Stock: 18 oz. blockout banner
14
TAB RAC
City of Tamarac The City For Your Life purchasing and Contracts Division
material with 3" pole pocket holes on top
& bottom and 4 grommets. Trim to 29" x
96"; hem banners and affix 4 grommets.
Backlit Display
Item 1: 4/0 process, trim to size 27.5" x
Panels (Duratrans)
77," Duratrans or comparable backlit
$ 374.00 Per 2
panel.
Optional Items
Sundial
Item 1: 4 pages, 4 color (4/4), with a
finished size of 8'/2" x 11" on 20 # bond
$ 537.00 Per 500
(No bleed).
Item 2 (option): 8 pages, 4/4, with a
$ 804.00 Per 500
finished size 8Y2' x 11" on 20 # bond with
saddle stitched binding. No bleed).
Tamarac At -A-
Item 1: 5.5 x 8.5 (folded), formatted from
Glance Brochure
8.5 x 11 Word document; saddle -stitched.
Margin formatted by letter for easy
search. 4 color cover over black and white
$ 20,130.00 Per 15,000
interior pages, cover bleed.Approximately
46 pages plus cover. 100# gloss cover,
paper weight 70#
New Resident Pocket
Item 1: 9x12 pocket folder, 2 pockets, 4"
$ 2,966 Per 4000
Folder
with card slit on one side, 4 color (4/0).
12 pt card stock, coated.
City Manager Note
Item 1: White classic A2 envelope 24#
Cards
Avon, Linen with imprinted full color City
logo and return address.
Item 2: Note cards, panel folder, Avon
$ 443.25 Per 250
white classic Linen, 5.5 x 8.5 80 # cover
with full color City logo. Center folded at 4
-1/4.
Budget Book
Item 1: 9x11 comb bound book, 200 black
& white pages and 55 color (4/4) pages
(approximate), 15 tabs laminated, printed
double -sided 8.5x11 80# gray fiber cover
$ 2,053.00 Per 20
soft; 5 mil. laminated 4 color (4/0) front
cover and laminated blank back cover.
8.5x11 60# Hammermill laser text inside
pages.
15