HomeMy WebLinkAboutReso 2014-2208RESOLUTION NO. 2014 - 22Dg
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH GRAPHPLEX SIGNS TO FABRICATE
AND INSTALL FOUR (4) ONE -OF -A -KIND MONUMENT
SIGNS TO BE LOCATED AT THE INTRACOASTAL PARKS,
IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND
SEVEN HUNDRED FORTY DOLLARS ($30,740.00),
ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING
WAIVER OF COMPETITIVE BIDDING PROCEDURES;
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach is in the process of constructing the
Intracoastal Parks located at 16000, 16050, 16100, and 16200 Collins Avenue; and
WHEREAS, the City is in need of monument signs for the Intracoastal Parks for the
Dezer Family Playground at 16000 Collins Avenue, Intracoastal Park South at 16050 Collins
Avenue, One Poinciana Island Yacht & Racquet Club at 16100 Collins Avenue, and Intracoastal
Park North at 16200 Collins Avenue; and
WHEREAS, pursuant to Section 62 -12 of the City's Procurement Code, the City
Manager has recommended that it is in the best interest of the City to waive its formal
competitive bidding procedures due to the desire to maintain the same signage for the Parks
project as it is throughout the Collins Avenue Streetscape; and
WHEREAS, the City wishes to enter into an Agreement with GraphPlex Signs to
fabricate and install four (4) one -of -a -kind monument signs to be located at the Intracoastal
Parks, in an amount not to exceed Thirty Thousand Seven Hundred Forty Dollars ($30,740.00).
attached hereto as Exhibit "A ".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Waiver of Competitive Bidding_ Requirements. The Competitive Bidding
Requirements of Chapter 62 of the City Code are hereby waived for the limited purpose of
purchasing signage from GraphPlex Signs for the Intracoastal Parks.
Section 2. Approval of Agreement. The City Commission hereby approves the Agreement
with GraphPlex Signs to fabricate and install four (4) one -of -a -kind monument signs to be
located at the Intracoastal Parks, in an amount not to exceed Thirty Thousand Seven Hundred
Forty Dollars ($30,740.00), attached hereto as Exhibit "A ".
Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
82014- GraphPlex Purchase Signs for Intracoastal Pk Waive Bids Page 1 of 2
Section 4. Authorization of Cite The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 27`x' day of February 2014.
ATTEST:
��Sm,v� & �1� -
Jan-e-7VVines, MMC, City Clerk
APPROVED AS TO FORM
AND LEL,SUFFICIENCY:
Z7
not,\ City Attorney
Vote: q_o-
Moved by: -.��� -AS
4OLL
Seconded by: _ (I—C Go*—UT -o
Mayor Edelcup -- - kN3sea�"t-
(Yes)
(No)
Vice Mayor Aelion
✓(Yes)
(No)
Commissioner Gatto
✓(Yes)
(No)
Commissioner Levin
t/ (Yes)
(No)
Commissioner Scholl
(Yes)
(No)
82014- GraphPlex Purchase Signs for Intracoastal Pk Waive Bids Page 2 of 2
SJNNY 1S(
o° use
T
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND GRAPHLEX SIGNS
°rr °F _°S H° CONTRACT NO. C1314-027
THIS AGREEMENT (hereinafter referred to as the "Agreement') is made in duplicate,
this Z'i*r'�day of (�(t,sA -� 2014, by and between the CITY OF SUNNY ISLES BEACH,
(hereinafter referre to as "Cit "), and GRAPHLEX SIGNS, a corporation authorized to do
business in the State of Florida (hereinafter referred to as "Contractor ") whose Federal I.D. # is
01.Ofo21"11 �}
RECITALS
WHEREAS, the City is in need of contractor to fabricate and install four (4) one -of -a-
kind monument signs, to be located at the Intracoastal Parks ( "Services "); and
WHEREAS, Contractor has expressed the ability and desire to provide these Services
subject to the terms and conditions contained herein; and
WHEREAS, the City desires to enter into an Agreement with Contractor to provide
these Services in a total amount not to exceed Thirty Thousand Seven Hundred Forty Dollars
($30,740.00), as more fully described in Attachment "A" which is attached hereto; and
NOW THEREFORE, in consideration of the foregoing and for the mutual covenants,
representations and warranties and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement
and made a part hereof for reference.
2. SERVICES. Contractor shall fabricate and install four (4) monument signs to include:
One (1) Dezer Family Playground sign located at 16000 Collins Avenue; one (1) Intracoastal
Park South sign located at 16050 Collins Avenue; one (1) Intracoastal Park North sign located at
16200 Collins Avenue; and one (1) Poinciana Island Yacht & Racquet Club sign, located at
16100 Collins Avenue, as more particularly described in Attachment "A" attached hereto and
made a part hereof.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Section 8 below, this Agreement shall commence from the date of execution of this
Agreement and shall terminate March 15, 2014.
4. COMPENSATION. The Contractor agrees to provide these Services in a total amount
not to exceed Thirty Thousand Seven Hundred Forty Dollars ($30,740.00) for the Services under
this Agreement. Payment to Contractor for all charges and tasks under this Agreement shall be
in accordance with this Agreement and the schedule of charges reflected under the following
conditions:
a. Disbursements. There are no reimbursable expenses associated with this
contract.
Exhibit "A"
C 1314 -027 - GRAPHLEX SIGNS
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. If services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Contractor will clearly state "final invoice" on the Contractor's final /last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on this
final invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by
Contractor with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Contractor. Contractor shall not
pledge the City's credit or make it a guarantor of payment or surety for any contract, debt,
obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and
represents that it has no obligation or indebtedness that would impair its ability to fulfill the
terms of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this agreement. The City shall not be responsible
for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this agreement.
6. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event
the Services are not completed by March 15, 2014, and in the absence of any extended deadline
granted by City, then the Contractor shall be required to pay a liquidated damage penalty of Four
Hundred Dollars ($400.00) for each calendar day beyond the March 15, 2014 completion period,
continuing to the time at which the Services are complete. Such amount is the actual cash value
agreed upon as the loss to City resulting from Contractor's delay. Additionally, the City shall
also be entitled to withhold 50% of the total Compensation to be paid to Contractor until final
completion and acceptance of the Services.
C1314 -027 — GRAPHLEX SIGNS Page 2 of 9
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverages to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, or employees, as indicated below:
❑ Comprehensive General Liability Insurance, including broad form
contractual liability coverage for all operations, including, but not limited
to, contractual, products, and completed operations, personal injury and
property damage liability with minimum limits of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars ($2,000.000.00)
aggregate.
❑ Worker's Compensation, as required by law, but no less than
$1,000,000.00 for Employer's Liability.
❑ Business Automobile Liability which shall include coverage for all owned,
non -owned and hired vehicles for minimum limits of not less than One
Million Dollars ($1,000,000) per occurrence, One Million Dollars
($1,000.000) per accident for bodily injury and Five Hundred Thousand
Dollars ($500,000) per accident for property damage.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or self - insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy(ies) shall be issued by
companies authorized to do business under the laws of the State of Florida and acceptable to the
City with a minimum A.M. Best rating of A- Excellent. Before any work under this
Agreement is performed, and at any time upon request, Contractor shall furnish to the
City certificates of insurance evidencing the minimum required coverage and shall be
appropriately endorsed for contractual liability, with the City named as additional insured.
All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall
be in forms and issued by insurance companies acceptable to the City Manager or his designee.
All insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) days prior written notice to the City. The City reserves the
right from time to time to change the insurance coverage and limits of liability required to be
maintained by Contractor hereunder. Contractor shall also require and ensure that each of its
sub - contractors providing services hereunder (if any) procures and maintains, until the
completion of the services, insurance of the types and to the limits specified herein. ANY
EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE
APPROVED IN WRITING BY THE CITY.
8. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an
C1314 -027 — GRAPHLEX SIGNS Page 3 of 9
amount equal to the actual cost of a third party to cure such failure. If Contractor
fails, refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor (and sub Contractor (s)) shall be
delivered to the City and the City shall compensate the Contractor for all
Services satisfactorily performed prior to the date of termination, as provided
in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor
for the purposes of set -off until such time as the exact amount of damages due
the City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Contractor ten (10) days written notice. The terms of Paragraph A(i) and
A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either
in voluntary or involuntary bankruptcy or makes any assignment for the benefit
of creditors.
9. WARRANTY OF SERVICES
9.1 The Contractor shall warrant that the Services conform to the Agreement and are
free of any patent and/or latent defect of the workmanship for a minimum period
of one (1) year from the date of final completion of Services. This warranty shall
be in addition to whatever rights the City may have under state or federal law.
The Contractor's obligation under this warranty shall be at its own cost and
expense, to promptly repair or replace (including cost of removal and
installation), that item (or part or component thereof) which proves defective or
fails to comply with the Agreement within the warranty period such that it
complies with the Agreement.
9.2 Contractor warrants to the City that all materials and equipment furnished
under this Agreement will be new unless otherwise specified and will be of
good quality, free from faults and defects and in conformance with the
Agreement. All equipment and materials not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by City or its designee, Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is
not limited by any other provisions within this Agreement.
9.3 Contractor shall provide to the City or its designee all manufacturers' warranties.
All warranties, expressed and/or implied, shall be given to the City for all
C1314 -027 — GRAPHLEX SIGNS Page 4 of 9
material and equipment covered by this Agreement. All material and equipment
furnished shall be fully guaranteed by the Contractor against factory defects and
workmanship. At no expense to the City, the Contractor shall correct any and
all apparent and latent defects that are required under state or federal law.
10. DEFECTIVE WORK
10.1 The City or its designee shall have the authority to reject or disapprove work
which is found to be defective. If defective work is found, Contractor shall
promptly either correct all defective work or remove such defective work and
replace it with non - defective work. Contractor shall bear all direct and indirect
costs of such removal or corrections including cost of testing laboratories and
personnel.
10.2 Should Contractor fail or refuse to remove or correct any defective work or to
make any necessary repairs in accordance with the requirements of this
Agreement within the time indicated in writing by the City Manager or its
designee, the City shall have the authority to cause the defective work to be
removed or corrected, or make such repairs as may be necessary at Contractor's
expense. Any expense incurred by the City in making such removals, corrections
or repairs, shall be paid for out of any monies due or which may become due to
Contractor. In the event of failure of Contractor to make all necessary repairs
promptly and fully, which is not cured in the cure period, the City may declare
Contractor in default.
10.3 If, within one (1) year after the date of final completion of Services or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision(s) of this Agreement, any of the work is found to be defective or not in
accordance with this Agreement, Contractor, after receipt of written notice from the
City or its designee, shall promptly correct such defective or nonconforming work
within the time specified by the City without cost to the City. Nothing contained
herein shall be construed to establish a period of limitation with respect to any
other obligation which Contractor might have under this Agreement including but
not limited to any claim regarding latent defects.
10.4 Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
10.5 Where the City or its designee becomes aware of faults, defects or non-
conformity in any of the work provided under this Agreement or with the work
being performed by the Contractor, the City or its designee shall issue a Notice to
Cure to the Contractor for correction. In no event shall the failure of the City or its
designee to bring to the attention of the Contractor of such faults act as a waiver
or release the Contractor from responsibility or liability for such fault, defect or
non - conforming work.
C 1314 -027 — GRAPHLEX SIGNS Page 5 of 9
11. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement
shall be governed by, construed and enforced in accordance with the laws of the State of Florida.
Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes
necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and
the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the
pretrial, trial and appellate levels.
12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby
knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in
respect of any action, proceeding, litigation or counterclaim based hereon or arising out of,
under, on or in connection with this agreement or any course of conduct, course of dealing,
statements (whether verbal or written) or actions of either of party.
13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of ten (10) years subsequent to that date upon which
the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Contractor from violating such
provisions.
14. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City:
Christopher J. Russo
With a copy to:
City Manager
Hans Ottinot
City of Sunny Isles Beach
City Attorney
18070 Collins Ave. Fourth Floor
City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160
18070 Collins Ave. Fourth Floor
Tel: (305) 792 -1701
Sunny Isles Beach, Florida 33160
Tel: (305) 792 -1702
If to the
Jack Gervais
Contractor:
Graphlex Signs
2830 North 28th Terrace
Hollywood, FL 33020
Tel: (954) 920 -0905
15. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County,
Florida.
C 1314 -027 — GRAPHLEX SIGNS Page 6 of 9
16. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Three (3) years.
17. NON - DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Contractor will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital /familial status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708),
which prohibits discrimination against the handicapped in any Federally assisted program.
18. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed
by the Miami -Dade County Conflict of Interest Ordinance Section 2 -11.1, as amended, and by
the City of Sunny Isles Beach Ordinance No. 99 -82, which are incorporated by reference herein
as if fully set forth herein, in connection with the Agreement conditions hereunder. The
Contractor covenants that it presently has no interest and shall not acquire any interest, directly
or indirectly which should conflict in any manner or degree with the performance of the
Services. The Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall knowingly are employed by the Contractor. The Contractor
guarantees that he /she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
19. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against claims, damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
errors, mistakes or omissions relating to professional services in the performance of this
Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
services in the performance of this Agreement including any person for whose acts, errors,
mistakes or omissions the Contractor maybe legally liable. The parties agree that One Hundred
Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set
forth in this Agreement.
C1314 -027 — GRAPHLEX SIGNS Page 7 of 9
20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ( "Applicable Laws ") and shall obtain and maintain any and all material
permits, licenses, approvals and consents necessary for the lawful conduct of the activities
contemplated under this Agreement.
21. CONFLICTING PROVISIONS. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document or
events referred to herein, or any document incorporated herein by reference, and a term,
statement, requirement or provision of this Agreement, the terms and conditions in this
Agreement shall supersede and take priority over any other conflicting provisions that are
contained in any other document, including but not limited to the Contractor's proposal
contained in Attachment "A ".
22. AVAILABILITY OF FUNDS. This Agreement is executor only to the extent of City
funds approved and appropriated for this specific purpose by the City Commission. This
Agreement shall be subject to the availability and appropriation of funds. If the City should not
appropriate or otherwise make available funds sufficient to purchase the Services procured
pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other
obligations herein without any further liability or penalty upon twenty (20) days notice to
Contractor. Any obligation for payment under this Agreement shall be made solely from
appropriated funds. The City shall have no legal or equitable obligation to approve any funds in
the future and in the event of the City's decision not to approve and appropriate any additional
funds the City shall have no further liability to Contractor.
23. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
D. This Agreement contains the entire agreement of the parties, and may be
amended, waived, changed, modified, extended or rescinded only by in writing signed by the
party against whom any such amendment, waiver, change, modification, extension and/or
rescission is sought.
E. The person signing this Agreement on behalf of Contractor represents they have
authority to enter into and bind Contractor to the terms and conditions of this Agreement.
C 1314 -027 — GRAPHLEX SIGNS Page 8 of 9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate on the day and year first written above.
WITNESS:
GRAPHLEX SIGNS
Signature sign name o corporate rep. )J
Print Name 2
"i.
A
CITY OF SUNNY ISLES BEACH
BY: SAMWEW BY:
Jane 8. Hines, MMC, City Clerk Nopfiw S. Edelcup,
APPROVED AS TO FORM AND
C1314 -027 — GRAPHLEX SIGNS Page 9 of 9
i
GRAPHPLEX S I G N S
2830 North 28th Terrace
Hollywood, FL 33020
State License: EC 13004975
City ol' Sunny Isles Beach
Attn: Accounts Payable
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Date Proposal #
2/12/2014 24107
INTRACOASTAL PARK SIGNS > Pricing based on drawing dated 1.23.14 (Dozer) /2.4.14 (balance of
signs).
NOTE: Signs are illuminated externally by others.
Deter Monument Sign > GraphPlex will fabricate and install one ( l) 4' wide x 3' 10" tall non - illuminated
Dozer Family Playground sign. Single face sign is fabricated 1?0111 alunlimull construction /welding with
painted texture stucco finish, keystone tiles for base, .25" thick acrylic waves and .25" thick lettering with
full color, hand painted city seal.
Intacoastal /Poinciana Signs > GraphPlex will fabricate and install three(3) 65" wide x 4' tall
non- illuminated signs. Double face signs are fabricated front alttmintilll C01lStrtlCtl01l/Welding With painted
texture stucco finish, keystone tiles for base, .25" thick acrylic leaves and .25" thick lettering with full
color, hand painted city seals.
As discussed, permitting is NOT included in this Proposal. We will provide TWO signed and sealed
Think puu for providing GrdpltPlcs the opportunit ) ' to fabricate and install your signs.
'I ERMS: 50 %, deposit. Balance due \%ithin 30 daNs of'coniplelion.
DF1JVFRY: Approximately six weeks Rum approNrd engineering d1_awi11gs /1'0 /dep0sit.
NUIES: ] . ?4v iwr month (18% per annum) linanro charge kill be added to all past due accounts. Please
pay promptly to avoid finance charges.
Phone #
954.920.0905
E-mail
jack @graphplex.com
Fax #
054.920.0906
Web Site
www. graph plex.coin
Page 1
ATTACHMENT "A"
Subtotal
Sales Tax (6.0 %)
Total
GRAPHPLEX S I G N S
2830 North 28th Terrace Date Proposal 4
Hollywood, FL 33020 2/12/2014 24107
State License: EC 13004975
City ol'Sunny Isles Beach
Attn: Accounts Payable
18070 Collins Avenue
Sunny Isles Beach, FL 33160
engineering drawings with calculations for the two different sign sizes. Copies for the other two signs will
be provided.
Thank Nutt lur pro\ iding OraphPlux IhC uPpuruuiil) to tttbricale and install your signs.
TERMS: 5V1u deposit. Balance due within 30 dacs ofeumpletion.
DELIVERY Approxinrnely six weeks, from approved engineering drimi jigs/ PO /deposit. Subtotal $30.7,10.00
NOTFS: 1.5 %Per month (IS %per annum) linance Charge will ho added to all past duc accuunls. }'lease
pap promplh to avoid finance charges. Sales Tax (6.0 %) SU.I)U
Phone #
954.920.0905
E -mail
jack @graphplex.com
Fax #
954.920.0906
Web Site
www.graphplex.com
Page 2
Total S311.740.00
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GRAPHPLEX
S I G N S
Sign Design E Manufacture
WARRANTY
GraphPlex Signs unconditionally warrants and guarantees all labor and /or materials employed and
furnished by GraphPlex in performing this Agreement for a period of 12 months from the date of
completion of the entire project, unless a longer period is required by the plans or specifications. In the
event that GraphPlex should fail, neglect or refuse, within twenty four (24) hours after oral or written
demand by Contractor or Owner, at any time during the 12 month period after the completion of the entire
Project, to replace and /or repair any work or materials which in the sole discretion of GraphPlex is deemed
to be faulty or in need of replacement or repair, then Contractor may, without further notice or demand,
cause the same to be repaired and /or replaced, and GraphPlex agrees to immediately reimburse Contractor
for the cost of such replacement and /or repair on demand.
Jack Gervais
Chief Operating Officer
2830 North 28th Terrace, Hollywood, FL 33020
954.549.5566 F: 954.239.6872 jack @graphplex.com www.graphplex.com
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TO:
VIA:
FROM
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
(305) 947 -2150 Building Department
(305) 947 -5107 Fax
Norman S. Edelcup, Mayor
Isaac Aelion, Vice Mayor
Jeanette Gatto, Commissioner
Jennifer Levin, Commissioner
George "Bud" Scholl, Commissioner
Christopher J. Russo, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, MMC, City Clerk
MEMORANDUM
The Honorable Mayor and City Commission
Christopher J. Russo, City Manager
Bill Evans, Assistant City Manager
February 27, 2014
Purchase of Four Monument Signs from GraphPlex for the
Intracoastal Parks
RECOMMENDATIONS:
Staff is recommending the City Commission approve the attached resolution.
REASONS:
Staff is requesting approval to waive the competitive bidding process per code §62 -12
for one -of -a -kind monument signs to be located at the Intracoastal Parks. To be more
specific, One Dezer Family Playground sign, located at 16000 Collins Avenue. One
Intracoastal Park South sign located at 16050 Collins Avenue. One Poinciana Island
Yacht & Racquet Club sign located at 16100 Collins Avenue. And one Intracoastal Park
North sign located at 16200 Collins Avenue.
The City Commission may authorize the waiver of competitive bidding procedures upon
the recommendation of the City Manager that it is in the City's best interest to do so.
Purchases authorized by waiver process shall be acquired after conducting a good faith
review of available sources and negotiation as to price, delivery and terms.
The total cost of these four one -of -a -kind monument signs, including the manufacturing,
and installation is in an amount not to exceed $30,740.00
Agenda Item
Date —2 - ! "