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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 Page 2 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 I Temp. Reso, #11121 — January 5, 2007 Page 3 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