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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-075Temp Reso #10092 March 21, 2003 Revision #1, April 1, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO EXECUTE THE AGREEMENT AMENDMENT BETWEEN THE CITY OF TAMARAC AND SUN -SENTINEL COMPANY PROVIDING FOR THE FIRST RENEWAL OPTION OF THE AGREEMENT WITH SUN -SENTINEL COMPANY FOR PRINTING AND MAILING OF TAMARAC RESIDENT NEWSLETTERS AND PRINTING OF EMPLOYEE NEWSLETTERS FOR A TWO YEAR TERM EFFECTIVE APRIL 10, 2003 THROUGH APRIL 9, 2005 FOR AN AMOUNT NOT TO EXCEED $95,500 ANNUALLY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac requires printed newsletters to properly notify residents and employees of upcoming functions and events; and WHEREAS, the City of Tamarac publicly advertised Request for Proposal (RFP) 02-16R, "Printed Tamarac Resident and Employee Newsletters" in December, 2001; and WHEREAS, after extensive evaluation of vendor submittals and presentations, it was determined that Sun -Sentinel Company was the most responsive and responsible proposer; and WHEREAS, the City awarded RFP 02-16R to Sun -Sentinel Company by Resolution R2002-100, a copy of said resolution is attached hereto as Exhibit A; and 1 Temp Reso #10092 March 21, 2003 Revision #1, April 1, 2003 Page 2 WHEREAS, the City entered into an agreement with Sun -Sentinel Company for an initial one-year term through April 9, 2003, a copy of said agreement is attached hereto as Exhibit B; and WHEREAS, the agreement allows for two additional 2-year renewals, with this being the first renewal option of the agreement for the term April 10, 2003 through April 9, 2005; and WHEREAS, the Sun -Sentinel Company has agreed to renew the agreement under the same terms and conditions, a copy of said renewal letter and amendment attached hereto as Exhibit C; and WHEREAS, sufficient funds are available within the appropriate operating accounts; and WHEREAS, it is the recommendation of the Public Information Officer and the Senior Procurement Specialist that the City exercise the first renewal option of the agreement with Sun -Sentinel Company for the printing and mailing of Tamarac resident newsletters and printing of employee newsletters for a two- year term effective April 10, 2003 through April 9, 2005; 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 execute the Amendment Agreement between the City of Tamarac and Sun - Sentinel Company, hereto attached as Exhibit D, providing for the first renewal option of the agreement with Sun -Sentinel Company for a two-year term effective April 10, 2003 through April 9, 2005 in an amount not to exceed $95,500 annually. 11 1 11 Temp Reso #10092 March 21, 2003 Revision #1, April 1, 2003 Page 3 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. SECTION 2: The appropriate City officials are hereby authorized to execute the Agreement Amendment between the City of Tamarac and Sun - Sentinel Company, hereto attached as Exhibit D, providing for the first renewal option of the agreement with Sun -Sentinel Company for printing and mailing of Tamarac resident newsletters and printing of employee newsletters for a two year term effective April 10, 2003 through April 9, 2005 for an amount not to exceed $95,500 annually. SECTION 3: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. 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. Temp Reso #10092 March 21, 2003 Revision #1, April 1, 2003 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 9t" day of April, 2003. ATTEST: iula nia MARION SWENSON,CWOMC CITY :. I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TAL BISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS L-1 f� LJ TR 10092 EXHIBIT "B" AGREEMENT BETWEEN THE CITY OF TAMARAC AND SUN -SENTINEL COMPANY THIS AGREEMENT is made and entered into this 1 day of ;.) j , 2002 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 Sun -Sentinel Company, a Florida corporation with principal offices located at 333 SW 12" Avenue, Deerfield, FL 33442 (the "Consultant") to provide for the printing and mailing of the Tamarac Resident Newsletter (Tam -A -Gram) and the printing of the Tamarac Employee Newsletter (Sundial). 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 consist of this Agreement, conditions of Request for Proposal 02-16R (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to execution of this Agreement, attached as Exhibit A. 2. The Work The Consultant shall perform all work for the City required by the contract documents as set forth below: a) Consultant shall furnish all labor, materials, and equipment necessary to provide services to the City as outlined in Request for Proposal (RFP 02-16R) Printed Tamarac Resident And Employee Newsletters. b) Consultant shall provide for the printing and mailing of the Tamarac Resident Newsletter (Tam -A -Gram) and the printing of the Tamarac Employee Newsletter (Sundial). c) Consultant shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Consultant shall comply with all OSHA safety rules and regulations in the performance of the work. d) Consultant shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 1 e) 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 subconsultants, if any, with respect to the work and services described herein. 3. Insurance Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as required by the City's Risk and Safety Officer 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 Officer certificates of all insurances required under this section prior to beginning any work under this Agreement. The Consultant will ensure that all subConsultants comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 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. Time of Commencement and Substantial Completion The term of this Agreement is for a one (1) year period, and shall commence within thirty (30) days of the award by the City Commission and shall terminate in one (1) year after the date of commencement. Upon expiration of the initial (1) year term, the parties may choose to terminate this Agreement, or renew the Agreement by written agreement signed by the parties hereto for two (2) additional two (2) year periods pending a mutual agreement. 5. Contract Sum The Contract Sum for the above work is as follows: DESCRIPTION OF WORK Tam-A-Gram12 page full color for 35,000 copies. Additional copies Tam -A -Gram 4 pages full color & 8 pages 2 color for 35,000 copies. Additional copies Design and Layout Charges Mailing & Delivery Services Charges DESCRIPTION OF WORK COST PER ISSUE $10,125.00 $290.00 per 1,000 $9,285.00 $265.29 per 1,000 $ 675.00 $ 741.22 COST PER ISSUE 2 Sundial — 8 pages in one color $575.00 Sundial — 8 pages in two colors $ 725.00 Design and Layout Charges $250.00 6. Payments The City shall pay in full the Contract Sum to the Consultant upon completion of the work listed in Paragraph 2 of this Agreement 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. 7. Indemnification The Consultant 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 the work performed by the Consultant or its officers, employees, agents, subconsultants, or independent Consultants, excepting only such 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. 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. 8. Non -Discrimination The Consultant agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Consultant further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 9. Independent Contractor Consultant is an independent Contractor under this Agreement. Personal services provided by the Consultant shall be by employees of the Consultant and subject to supervision by the Consultant, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Consultant. 3 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. 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, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONSULTANT Howard Greenberg Vice President Sun -Sentinel Company 333 SW 121" Avenue Deerfield, FL 33442 12. Termination This Agreement may be terminated by City or Consultant without cause upon sixty (60) days of written notice by the terminating party to the other party 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. Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the CITY 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. 4 13. 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. 14. 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. 15. 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. 16. 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. 17. 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 executed by both the Consultant and the City. 5 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and Sun -Sentinel Company, signing by and through Howard Greenberg, Vice President, duly authorized to execute same. ATTEST: CITY OF TAMARAC Jae; chreiber, Mayor .j, Date Jeffrey L. M' I r, City Manager Marion Swenson, CMC Date City Clerk Date ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy to fWand legal su Mi ch l S. Kraft, City Atta04e - q —U Date SUN -SENTINEL COMPANY Company Name Signature of Vice President Howard Greenberg Type/Print Name of Vice President (CORPORATE SEAL) Date 0 STATE OF FLORIDA CORPORATE ACKNOWLEDGEMENT SS 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 Howard Greenberg, Vice President of Sun -Sentinel Company, 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 — 7)t-dday of Wn I , 2002. J 4j AL7ijiO Signature of Notary Public State of Florida at Large w' t' r• D.iy (c+nm Erg 5/ 7 2003 pe o Stamp emmy rrxyn ( Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or DID NOT take an oath. 7 Sun -Sentinel TR 10092 DIRE T EXHIBIT V ' marketing services March 11, 2003 Ms. Lynda S. Flurry Purchasing/Contracts Manager City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321-2401 Re: Agreement Renewal Amendment RFP 02-16R Resident and Employee Newsletters Dear Ms. Flurry: Please accept this letter as notification that Sun -Sentinel Direct intends to agree to the proposed two-year extension for the printing and mailing services of the Tam -A -Gram and Sundial newsletters. Due to the fact that the agreement requires the signature of our Corporate Secretary, Crain Kenny, who is located in Chicago we may not make the requested deadline of March 14th. As per a suggestion from Mark Jones we are sending you a copy with the signature of our VP of Circulation/Operations, Howard Greenberg to show our intent. Once we receive the original back from Chicago with Mr. Kenny's signature we will then forward it to you. Thank you in advance for you understanding and cooperation regarding this matter. If you have any questions or require any additional information please do not hesitate to contact me. I look forward to continuing to work with the city and appreciate the opportunity to continue our working relationship. Sincerely, Tom Fleming Sun -Sentinel Direct, Sales Manager Enc. 333 S.W. 12th Avenue, Deerfield, Florida 33442 • Phone (954) 356-4106 • Fax: (954) 425-1934 Deerfield • Delray Beach • Fort Lauderdale • Miami • Sunrise • Weston City of Tamarac "Committed to Excellence... Always" Purchasing and Contracts Division March 4, 2003 Howard Greenberg Vice President Sun -Sentinel Company 333 SW 12t1' Avenue Deerfield, FL 33442 RE: Agreement Renewal Amendment RFP 02-1 ER Resident and Employee Newsletters Dear Mr. Greenberg: The City's Agreement with your company to provide the printing and mailing of the Tam -A - Gram and the Sundial newsletters will expire on April 9, 2003. The original agreement dated April 10, 2002 provides for two additional two-year renewals. This is the first renewal of the subject contract. Please advise if a two-year extension would be acceptable to your company by checking the appropriate box and signing where indicated below. In addition, please execute the signature page on the attached Agreement Amendment and complete and notarize the Corporate Acknowledgement. Please be sure that this document is fully executed by the person authorized to sign on behalf of your company, and by your firm's Corporate Secretary, if applicable. Please return the two (2) original documents via express mail to Purchasing no later than March 17, 2003. Upon execution by the City and approval by the City Commission,. an original will be returned to you for your records. If you have any questions, do not hesitate to contact me. Sincerely, Lynda S. Flurry, CPPO Purchasing/Contracts Manager EE I hereby agree to a two-year extension of the contract between the Sun -Sentinel Company and the City of Tamarac for printing of mailing of resident and employee newsletters, effective 4/10/2003 — 4/9/2005, subject to the same terms and conditions. ❑ I am unable to agree to a two-year extension of the subject contract under the same terms and� o Authorized Signature Date 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tamarac.org Equal Opportunity Employer City of Tarnarac �� Purchasing and Contracts Division TR#10092 Exhibit D AGREEMENT AMENDMENT BETWEEN THE CITY OF TAMARAC AND SUN -SENTINEL COMPANY The CITY OF TAMARAC (City) and Sun -Sentinel Company, a Florida corporation, with principal offices located at 333 SW 12t" Avenue, Deerfield FL 33442, agree to amend the original Agreement dated April 10, 2002 as follows: Per the terms of Section 4, Time of Commencement and Substantial Completion, of the original Agreement, the City and Sun -Sentinel Company exercise the first renewal option of the agreement, for the term 4/10/2003 — 4/9/2005. All other provisions of the original agreement remain in effect as written. IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, and Sun -Sentinel Company, signing by and through its Vice President, duly authorized to execute same. ATTEST: Marion Swenson, CMC City Clerk Date CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: Mitchell S. Kraft, City Attorney Date y. ........- - _...._._......_......._...................._............................................._............_.......,...........__........._._..............-.......................1........ Purchasing oral Contracts Division City of Tarnarar g...._..n ......._......__........_. -_._Divisi_. _. ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) STATE OF FLORIDA Sun -Sentinel Com an Company Name IU� gn ture of Vice President Howard Greenberg Type/Print Name of Vice President Date CORPORATE ACKNOWLEDGEMENT :SS COUNTY OF rmlAF( 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 Howard Greenberg, Vice President, Sun -Sentinel Company, 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 1/_ day of I , 20;;'�_. C TETSKoc /25/2003 C 840147 1 �r Signature of Notary Public State of Florida at Large �I _ ft 67— C: 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. _...._...._.._.................................................................. ........................ ...._................ ......................... ........d Contracts Division City of Tamarac J utc rasin an...................trac__....................................... AGREEMENT AMENDMENT BETWEEN THE CITY OF TAMARAC AND SUN -SENTINEL COMPANY The CITY OF TAMARAC (City) and Sun -Sentinel Company, a Florida corporation, with principal offices located at 333 SW 12t" Avenue, Deerfield FL 33442, agree to amend the original Agreement dated April 10, 2002 as follows: Per the terms of Section 4, Time of Commencement and Substantial Completion, of the original Agreement, the City and Sun -Sentinel Company exercise the first renewal option of the agreement, for the term 4/10/2003 — 4/9/2005. All other provisions of the original agreement remain in effect as written. IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, and Sun -Sentinel Company, signing by and through its Vice President, duly authorized to execute same. ATTEST: Marion.Swenson, CMC City Clerk Date CITY OF TAMARAC Schreiber, Mayor 9:1���Ib.� Q3 a T4,1, Jeffrey(_Nfier, City Manager D to as to fbftn and legal{fficiency: Mitchell S4F , Ci Attlney Date of Tamarac, Purchasing and Contracts Divisi0n ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) STATE OF FLORIDA Sun -Sentinel Company Company Name ign ture of Vice President Howard Greenberg Type/Print Name of Vice President .J .-57 Date CORPORATE ACKNOWLEDGEMENT :SS COUNTY OF DWlgki 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 Howard Greenberg, Vice President, Sun -Sentinel Company, 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.L day of 20003 e DEBORA L. STETSKO COMMy , 5/25/2003 No. CC 840147 f 'inpWy K,— I 1 OtV.� I.11. Signature of Notary Public 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.