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
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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.
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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.
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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.
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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.
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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.
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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.