HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-004Temp. Reso, #11121 — January 5, 2007
Page 1
Revision #1 — January 16, 2007
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007- C�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AWARDING RFP NO. 07-04R TO
AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE AN AGREEMENT WITH AMBIT MARKETING
FOR THE PROVISION OF CONSULTANT BRANDING
SERVICES FOR A SIX MONTH PERIOD AT A COST NOT TO
EXCEED $47,000; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac has determined to become
proactive in shaping the image and brand of the City in a manner that is consistent with our
mission statement, visioning and strategic plan; and
WHEREAS, a competitive process was undertaken to solicit proposals from qualified
consultants to provide Consultant Branding Services; and
WHEREAS, the City of Tamarac published RFP # 07-04R on October 23, 2006
(incorporated herein by reference and on file in the Office of the City Clerk) to provide for
Consultant Branding Services; and
WHEREAS, proposals were submitted by the following firms for the provision of said
services;
1. Ambit Marketing
2. North Star; and
WHEREAS, upon review and consideration of all responsive proposals by the
Evaluation Committee consisting of the Deputy City Manager, Assistant City Manager,
Economic Development Officer and Special Events Manager, it was determined that Ambit
Temp. Reso, #11121 — January 5, 2007
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Revision #1 -- January 16, 2007
Marketing was the most responsive and qualified proposer as noted on the ranking sheet
attached hereto as Exhibit 1; and
WHEREAS, the team negotiated with the Ambit Marketing; and
WHEREAS, it is the recommendation of the Economic Development Officer and the
Purchasing and Contracts Manager that RFP # 07-04R providing for Consultant Branding
Services be awarded to, and an agreement executed with, Ambit Marketing effective
January 24, 2007 for a six month period at a cost not to exceed $47,000; 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
RFP # 07-04R to and authorize the appropriate City Officials to execute an agreement with
Ambit Marketing to provide Consultant Branding Services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to award the
Request for Proposal (RFP # 07-04R) and execute the agreement, attached hereto as
Exhibit 2, between the City of Tamarac and Ambit Marketing providing for Consultant
Branding Services for a six month period at a cost not to exceed $47,000.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
C
1
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Temp. Reso, #11121 — January 5, 2007
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Revision #1 — January 16, 2007
SECTION 4: 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 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this9,y day of rJ car) u,vj, 2007.
ATTEST:
MARION SWEN ON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SA
MUEL S. GOREN
CITY ATTORNEY
bk�lfA
Beth Flansbaum-Talabisco
Mayor
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: VIM PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
TR '11121
EXHIBIT ].
1/5/2007 CONSULTANT BRANDING SERVICES RFP 07-04R
Committee Evaluation Totals
Proposer's Name:
ambit
North Star
QUALIFICATIONS/EXPERIENCE (UP TO POINT9 5
Economic Development Officer
25
23
Special Events Manager
21
23
Assistant City Manager
20
20
Deeuty City Manager
25
25
EXPERIENCE WITHIN MARKET (UP
TO 10 POINTS)
Economic Development Officer
10
7
Special Events Manager
8
9
Assistant City Manager
10
6
Deputy City Manager
10
5
UNDERSTANDING BRANDING GOALS (UP TO 25 POINTS)
Economic Development Officer
25
25
Special Events Mana er
23
22
Assistant Cit Mana er
23
20
Deputy City Manager
18
12
PROPOSED FEE
(UP TO 15
POINTS)
Economic Development Officer
15
7
Special Events Manager
15
7
Assistant City Manager
15
7
Deputy City Mana er
15
7
APPROACH, EFFECTIVE WORK PLAN, TIMELINE
(UP TO
15 POINTS)
Ecomonic Development Officer
23
20
S ecial Events Manager
24
22
Assistant City Manager
20
18
Deputy City Manager
20
17
TOTAL
POINTS
Economic Development Officer
98
82
Special Events Manager
91
83
Assistant City Manager
88
71
Deputy City Manager
88
66
365
302
TOTAL
RANKING
1
2
1
2
1
2
1
2
1
2
Udrive/2006 Bids/ 07-04R/07-04R EVAL TOTAL WORKSHEET TEMPLATE
City of Tamarac . . _._........... Purchasing & Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
AMBIT INC., D/B/A AMBIT MARKETING
THIS AGREEMENT is made and entered into thisaL day of Jnnucn.A,
20(lLby and between the City of Tamarac, a municipal corlSoration with principal ices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Ambit Inc., d/b/a Ambit
Marketing, a Florida Foreign Corporation with principal offices located at 2455 E. Sunrise
Blvd., Ft. Lauderdale, FL 33304 (the "Consultant") to provide for Consulting Services
related to Branding.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Consultant agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, Request for Proposal
No.07-04R titled "Consultant Branding Services", as issued by the City, including all
conditions therein, (including any General Terms and Conditions, Supplementary
Conditions, Statement of Work or any other provisions contained within the document), any
and all addenda, Proposal executed and submitted by the Consultant, dated November 22,
2006, specifications, bond(s), (if applicable), and insurance certificate(s), the City
Resolution awarding the project, and all modifications issued after execution of this
Agreement. These 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 of a conflict
between this document and any other contract documents, this Agreement shall prevail.
2) The Work
2.1. The Consultant shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Consultant shall furnish all labor, materials, and equipment necessary
to provide Consulting Services related to Branding consistent with the
City of Tamarac Vision and Plan.
2.1.2 Consultant shall provide Branding Services in accordance with the
Scope of Work enumerated in the City of Tamarac Request for
Proposal for "Consultant Branding Services", as detailed in the
Consultant's proposal dated November 22, 2006.
2.1.3 Consultant 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 Consultant, its
employees, agents or sub -consultants, if any, with respect to the work
of Tamarac u. ..... . ....... - . . ....... -10.1.111-111, . . . ... . ............rch asing & Contracts Division
and services described herein.
3) Insurance
3.1. Consultant shall obtain at Consultant's expense all necessary insurance in
such form and amount as specified in the original bid or proposal document
or as required by the City's Risk 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. Consultant shall maintain
such insurance in full force and effect during the life of this Agreement.
Consultant 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 Consultant 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. Consultant shall indemnify and hold the City harmless for any damages
resulting from failure of the Consultant to take out and maintain such
insurance. Consultant's Liability Insurance policies shall be endorsed to add
the City as an additional insured. Consultant shall be responsible for
payment of all deductibles and self-insurance retentions on Consultant's
Liability Insurance policies.
4) Schedule
The work to be performed under this Agreement shall be commenced after City
execution of this Agreement. The work shall be completed in accordance with the following
Time Line for Services:
Time line for services
PHASE I: 4 weeks
Define roles; coordinate communications channels, meeting structure and review
process; review existing data and surveys, extracts from census, other demographic
information; schedule stakeholder individual interviews and focus groups.
PHASE II: 4 weeks
Conduct interviews and facilitate focus groups; produce executive summary; begin
graphic concepts and tagline development.
PHASE III: 7 weeks
Create logo concepts and taglines; work with selection committee to refine to an
approved logo and tagline; present draft of Marketing and Public Relations Plan.
PHASE IV: 4 weeks
Work with staff to refine the Marketing and Public Relations Plan.
PHASE V: When presentation meeting can be scheduled. (2-4 weeks)
Formal presentation made of the Marketing and Public Relations Plan.
City of Tamarac maw. Purchasing & Coofmcls Division
5) Contract Sum
The Contract Sum for the above work is Not to Exceed Forty -Seven Thousand
Dollars and no cents ($47,000.00), which shall include all expenses.
6) Payments
The City shall make monthly payments to the Consultant upon receipt of properly
completed and properly documented payment requests, unless the parties agree otherwise.
The City shall pay the Consultant 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 Consultant shall provide detailed documentation of all hours
worked on the project, as well as out-of-pocket expenses incurred. Documentation for work
completed, and necessary expenses, shall accompany each request for payment. All
payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII,
Chapter 218.
7) Indemnification
7.1. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, their agents, elected
officials and employees from and against all claims, actions, liabilities, losses
(including economic losses), costs arising out of any actual or alleged: a).
Bodily injury, sickness, disease or death, or injury to or destruction of tangible
property including the loss of use resulting therefrom, or any other damage or
loss arising out of or resulting, or claimed to have resulted in whole or in part
from any actual or alleged act or omission of the Consultant, any sub -
Consultant, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable in the performance of the Work; or
b). violation of law, statute, ordinance, governmental administration order,
rule, regulation, or infringement of patent rights by Consultant in the
performance of the Work; or c). liens, claims or actions made by the
Consultant or any sub -consultant under workers compensation acts; disability
benefit acts, other employee benefit acts or any statutory bar. Any cost of
expenses, including attorney's fees, incurred by the City to enforce this
agreement shall be borne by the Consultant.
7.2. 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.
7.3. The Consultant 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.
7.4. 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
of Tamarac
Purchasing & Contracts Division
responsibility of Consultant under the indemnification agreement. Nothing
contained herein is intended nor shall it be construed to waive City's rights and
immunities under the common law or Florida Statute 768.28 as amended from
time to time.
8) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Consultant shall not discriminate
against any employee or applicant for employment because of race, religion, color,
gender, national origin, sex, age, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. The Consultant will take affirmative action to ensure
that employees are treated during employment, without regard to their race, religion,
color, gender, national origin, sex, age, marital status, political affiliation, familial status,
sexual orientation, 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 Consultant shall
agree to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this nondiscrimination clause. The Consultant further agrees that he/she will ensure
that Sub -consultants, if any, will be made aware of and will comply with this
nondiscrimination clause.
9) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Consultant 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 Consultant shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Consultant's
activities and responsibilities hereunder provided, further that administrative procedures
applicable to services rendered under this Agreement shall be those of Consultant, which
policies of Consultant shall not conflict with City, State, or United States policies, rules or
regulations relating to the use of Consultant's funds provided for herein. The Consultant
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 Consultant and
the City and the City will not be liable for any obligation incurred by Consultant, including
but not limited to unpaid minimum wages and/or overtime premiums.
10) Assignment and Subcontracting
Consultant 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.
City of Tafrr".vac Purchasing & Contracts Division
11) 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 City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONSULTANT
Ambit Inc., d/b/a Ambit Marketing
2455 E. Sunrise Blvd., Suite 711
Ft. Lauderdale, FL 33304
ATTN: Katherine Koch, President
(954) 568-2100
(954) 568-2888
Kathy(a7ambitmarketing.com
12) Termination
12.1 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
Consultant for such termination in which event the Consultant shall be paid
its compensation for services performed to termination date, including
services reasonably related to termination. In the event that the Consultant
abandons this Agreement or causes it to be terminated, Consultant shall
indemnify the city against loss pertaining to this termination.
12.2 Default by Consultant: In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the City for cause, should
the Consultant 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
Consultant of written notice of such neglect or failure.
13) Uncontrollable Forces
13.1 Neither the City nor Consultant shall be considered to be in default of this
City of Tamarac
arac
& Contn, cts Division
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.
13.2 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.
14) 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.
15) 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.
16) Signatory Authority
The Consultant shall provide the City with copies of requisite documentation
evidencing that the signatory for Consultant has the authority to enter into this Agreement.
17) 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.
18) Merger; Amendment
This Agreement constitutes the entire Agreement between the Consultant 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
City of ;can?arac
executed by both the Consultant and the City.
18) No Construction Against Drafting Party
Purchasing & Contracts Division
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.
Remainder of Page Intentionally Blank
ray of i_aniarac Purchasing & Contracts Division
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 CONSULTANT, signing by and through its President,
duly authorized to execute same.
-ATTEST:
i
Marion Swenson, CIVIC
City Clerk
_i1 ; s c-71
Date
ATTEST:
(Corporate Secretary)
6 f ptc r'iv'r' 6c-k
Type/Print Name of Corporate Secy
(CORPORATE SEAL).
CITY OF TAMARAC
AW>6�_ Z akr_4�_
Beth lansbaum-Talabisco, Ma or
_ a LI.I�
DAte
Jeffrey L. Miller, City Manager
D te:
Approved as to form and legal sufficiency:
Samuel Goren, City Attorney
I2 0-7
Date
AMBIT, INC., D/B/A AMBIT MARKETING
Cam ny Name
Z� G
Signature of President
Katherine Koch
Type/Print Name of President
- i � , )-�'r
17
Dat
r r e
City of Tamarac
...................
STATE OFl
:SS
COUNTY OF Y L7 (j
& Contracts Division
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
Katherine Koch, President of Ambit, Inc., d/b/a Ambit Marketing, a Florida Foreign
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. day of ) ?7 , 20L�
i nature of Notary Public
c"" ` . j Ny Cprmiroon an32W7 State of Florida at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
DID take an oath, or
DID NOT take an oath.
9