HomeMy WebLinkAboutReso 2011-1719
RESOLUTION NO. 2011- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH SUPER COLOR, INC. TO PROVIDE PRINTING SERVICES
FOR FOUR (4) QUARTERLY ISSUES OF THE CITY'S CALENDAR
OF PROGRAMS AND EVENTS, IN AN AMOUNT NOT TO EXCEED
THIRTEEN THOUSAND FIVE HUNDRED SIXTY DOLLARS
($13,560.00), A TT ACHED HERETO AS EXHIBIT "A";
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 desirous of printing a calendar for residents
and tourists of City programs and upcoming events; and
WHEREAS, the Sunny Isles Beach Calendar of Programs and Events is primarily tailored to
serve the needs of the City of Sunny Isles Beach residents and tourists; and
WHEREAS, Super Color, Inc. has expressed the ability to provide the City with a medium
to inform residents and tourists of available City programs and upcoming events; and
WHEREAS, the City wishes to enter into an agreement with Super Color, Inc. to provide
printing services for four (4) quarterly issues of the City's Calendar of Programs and Events at a cost
of Three Thousand Three Hundred Ninety Dollars ($3,390.00) per issue; and
WHEREAS, the City Commission wishes to enter into an agreement with Super Color, Inc.
to provide the City's Calendar of Programs and Events quarterly at a cost of Three Thousand Three
Hundred Ninety Dollars ($3,390.00) per issue, for a total amount not to exceed Thirteen Thousand
Five Hundred Sixty Dollars ($13,560.00), 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. Approval of Agreement. The Agreement with Super Color, Inc. to provide printing
services for four (4) quarterly issues of the City's Calendar of Programs and Events, for a total
amount of Thirteen Thousand Five Hundred Sixty Dollars ($13,560.00), attached hereto as Exhibit
"A", be, and the same, is hereby approved.
Section 2.
Authority of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4
Effective Date. This Resolution will become effective upon adoption.
R2011- Super Color Inc Agmt Sib City Guide
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ATTEST:
1
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. Jane A. Hines, CMC, City Clerk
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APPROVE'D AS TO FORM
AND LEGAL SUFFICIENCY:
~~ ~~ ;P~p!.
-tIans Ottinot, City Attorney
Seconded by:
Cn~0fYr'T[)
"\fl(j) r{\~ -rHftL~
Moved by:
Vote: 6-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
----\L(Y es)
V(Y es)
0Yes)
v1Y es)
~Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2011- Super Color Inc Agmt Sib City Guide
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CITY OF SUNNY ISLES BEACH
AGREEMENT WITH SUPER COLOR, INC.
CONTRACT NO. CIOII-038
THIS AGREKMENT, entered into this -#- day of SU~ E 2011, by and
between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and
SUPER COLOR INC., a Florida Corporation hereinafter referred to as "Contractor")
whose Federal I.D. # is G ~ 0 :3 5 C) <;'1-9- .
WHEREAS, the City wishes to enter into an agreement with Contractor to
provide printing services for four quarterly issues of the City's Calendar of Programs and
Events ("Services") at a cost of $3,390.00 (three thousand three hundred and ninety
dollars) per issue; and
WHEREAS, Contractor has expressed the ability and desire to provide the
Services subject to the terms and conditions contained herein; and
WHEREAS, the City desires to enter into an Agreement with Contractor to
provide the Services at a cost of Three Thousand Three Hundred and Ninety Dollars
($3,390.00) per issue, for a total amount not to exceed Thirteen Thousand, Five Hundred
Sixty Dollars ($13,560.00).
NOW THEREFORE, as part of the consideration for this agreement, the City
and Contractor agree to the following terms.
1. Recitals. The above recitals are incorporated herein as if fully set forth.
2. Services. Contractor shall perform the required Services in compliance with the
terms and conditions specified in Attachment "A" which are incorporated herein.
Contractor agrees to furnish all labor and materials in a good and workmanlike and
professional manner. The Services shall be performed by Contractor to the full
satisfaction of the City.
3. Compensation. Payment to Contractor for all charges under this Agreement shall
be in accordance with this Agreement and a schedule of charges reflected in Attachment
"A". City shall pay Contractor only for Services actually performed. The 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. In the event
both the City and Contractor agree and elect to exercise the option to renew, Contractor
agrees to honor the same prices reflected in Attachment "A" during the optional renewal
period, unless the City agrees in writing to a price change prior to the commencement of
the optional renewal period(s).
C 1 0 11-038 Super Color Commercial Print Agreement
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4. Indemnification. Contractor agrees to indemnify, defend and hold harmless the
City including its officials, agents and/or employees from and against any and all claims
arising from injury or death to persons or damage to property resulting in whole or in part
from the acts, errors, omissions, or negligent acts of Contractor and/or its employees,
principals or agents, including any advertisements or materials which readers can acquire
through the advertisements in the publication issues. This indemnity clause shall survive
termination of this Agreement.
5. Editorial Rights. It is understood and agreed that Contractor shall not have the
right to revise or change the content of articles, bulletins, and other materials provided by
the City without written consent by the City. Contractor, however, shall have the right to
make minor revisions, if necessary, to correct typographical errors.
6. Relation to Parties. It is understood and agreed that nothing contained in this
Agreement shall be deemed to create a partnership, joint venture, other association, or an
employer/employee relationship between the Contractor and the City. Contractor shall be
in the relation of an independent Contractor and is to have entire charge, control and
supervision of the work to be performed hereunder.
7. Assignment. The rights of each party under this Agreement are personal to that
party and may not be assigned or transferred to any other person, firm, corporation, or
other entity without the prior, expressed, and written consent of the other party.
8. Term. This Agreement is for four (4) issues to be printed on a quarterly basis
during the initial one year term. The term of this Agreement will commence on the
effective date of this agreement and shall end one (1) year thereafter. The City has the
option to renew this Agreement for an additional one (1) year renewal term.
9. Termination.
A. If, through any cause within the 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
(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.
(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 payments
CIOII-038 Super Color Commercial Print Agreement
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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
given written notice which shall become effective ten (10) days following receipt by
Contractor. The terms of Paragraphs 9 A (i) and (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.
10. Governing Law. It is agreed that this Agreement shall be governed by and
construed and enforced in accordance with the laws of the State of Florida. In the event
legal proceedings are commenced to enforce the terms of this agreement, venue shall be
in Miami-Dade County, Florida.
11. Arbitration. It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy shall be settled by
arbitration in accordance with the procedures, rules and regulations of the American
Arbitration Association. The decision rendered by the Arbitrator shall be final and
binding upon the parties and judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade
County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall
be paid by the non-prevailing party or, if neither party prevails on the whole, each party
shall be responsible for a portion of the costs of arbitration and their respective attorneys'
fees as may be determined by the court on confirmation.
12. Partial Invalidity. The invalidity of any portion of this Agreement shall not be
deemed to affect the validity of any other provision. If any provision of this Agreement is
held to be invalid, the parties agree that the remaining provisions shall be deemed to be in
full force and effect, if they have been executed by both parties subsequent to the
expungement of the invalid provision.
13. Entire Agreement. This agreement shall constitute the entire agreement between
the parties and any prior understanding or representation of any kind preceding the date
of this Agreement shall not be binding upon either party except to the extent incorporated
in this Agreement.
14. Modification. Any modification of this Agreement or additional obligations
assumed by either party in connection with Agreement shall be binding only if placed in
writing and signed by each party or an authorized representative of each party.
15. Non-Exclusive Rights. The rights granted to the Contractor hereunder are non-
exclusive, and the City reserves the right to enter into agreements with other parties to
perform the same or similar services.
C I 0 11-038 Super Color Commercial Print Agreement
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16. Public Records. All documents produced by or on behalf of the City in
connection with this Agreement are subject to Florida's Public Records Law. Such
documents shall be made available to the City upon its request
17. 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: Jorge Vera With a copy to:
Acting City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins A venue City of Sunny Isles Beach
Fourth Floor 18070 Collins A venue
Sunny Isles Beach, FL 33160 Fourth Floor
Ph: 305-792-1701 Sunny Isles Beach, FL 33160
Ph: 305-792-1702
If to the Contractor: Doron Shmueli
Super Color, Inc.
3700 N. 29th Ave., Suite 202
Hollywood Beach, FL 33020
Ph: 954-964-4656
18. Conflicting Provisions: The terms and conditions in this Agreement supersede
any other conflicting provisions that are contained in any other document, including but
not limited to any attachments hereto.
[Remainder of page intentionally left blank.]
C I 0 11-038 Super Color Commercial Print Agreement
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate on the day and year first written above.
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Print Name
SUPER c~' INC.
BY:
Signatut & Title
WITNESSES:
WITNESSES:
f#r~~~
f Me j'/2L/>'" fJt1/r/lv/
Print Name (
CITY OF SUNNY ISLES BEACH
B~ ~1KKr/~~
N an S. Ede1cup, Mayor
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ATTEST:
I
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
:~y:~A.L.,
r' ~.: l Jane A. Hines, CMC, City Clerk
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Hans Ottinot, City Attorney
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C I 0 11-038 Super Color Commercial Print Agreement
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AFr 01 2011 7:30AM
SUPERCOLOR
8548644654
F. 1
su
r
3700 N 29th Ave., Suite 202
Hollywood, FL 33020
Tel: 954-964-4656
Fax: 954-964-4654
Proposal/Agreement .,"C~
March 31. 2011
CITY OF SUNNY ISLES MARK ANTHONY TULLOCH
18070 COLLINS A VE,SUNNY ISLES BEACH, FL. 33160
Tel 305-792-1764
Fax 305-792-1605
Quote # 1] 9643
Sales Person IRon
Inside Sales IPhilip
lntemal # 55543625
Description: 20 pg Brochure Self Cover 4/4 (Process) 4 pg Order Form 1/1 (Black) Stitched in the middle
Finished Size 8 1/2" x 11"
Paper Stock: 1 00# Gloss Text 60# Cougar Opaque Smooth White Text
Binding: Fold, Saddle Stitch & Trim Pack in cartons
Output Material: Stipp] ied on Disk
Design Time:
Images & Logos: Supplied on Dis~
Total Scans:
--
Total Silouettes:
Type / Copy: Supplied on Disk
Delivery: FOB Our Plant
THIS QUOTE IS FOR 4 QUARTERLY ISSUES AT $3390 EACH
TIf\ltT1N c;. ~\..L d,v \ \
-A deposit of 50% is required on signing of the contract. Balance is due when job is picked up or delivered to client.
lnch.:~f:=-: I Epson digjtal proof per page and 1 HP mock up. Important: If additional proofs are required add $2~ per 8.5" x 11"
page or smaller to the total. Additional cost for larger sizes. Extra HP proofs (10 res folding proofs) are 5>25 e~ch 16 page signature.
Artwork and design is $60 per hour. If more than one quantity is offered, please circle the appropriate one and sign below.
Quantities: 4,500
Subtotal: I $3,390.00 I
Sales Tax:
Total:
$3,390.00
A pmpanl net att:lI!'pfedwtthin thirty (30) d:llyt ia rubJ-rt to r:haJI&e_ Thi! proposal shaH bec;ome a. contrw:t, subject 10 the terms ond ecndiLiQPi let fOfib o.l11.bis form ,..,heJoO :u~nl5U by Lbe cwtOfTU':1. CENF..RAL TEIU.1S:
PriC9G .re F.o' B. Super Colo., In.c., 'Hollyv.-ood, FL.. Prepat8JOr)' Matcri":II All prq)AIa.toI)' uaterials remain the propert)- ofSupur Color. Such prt!JNIt:Dt'lry mM'enah: inchlde., bu11ln!: not limited to. the folloy~itl8: rolor
wpM'alions..&u. llega.'ivc:t. Lll~ phlJt.O!lti:lb.. lsrt v..<ork. Super mlormay, at ii~Hliscnmon. d~po!lf~oflhe pre:p&fttOt')" material. after a b mooLb p.riod. of,Uno if job 1I"1C.b;ri.l.<3 have n.ot bec:o U~ during ttal6 munlh pLriod
otUm.e. Super Cc:Ilor shaJI1Iot be liable rOf lc:;s or l1a.ma,ge lei a.IIJCh matonals which Me retained and stored only a9 a gratuitow courtesy 10 client T"''Pe: If1ype D~ llJ be done by Su."e.r r.nlnr, flleR.-~f': lIoubl("l clt~k. type
tOr any "Ton; bef"mll s~bmitting, ClioMv.l11 b~ Qbar,pd for elt Ghangc:t, Proof SupcrColol i5 not respunsible fOf l}o'pci 0"Or8, or any ClTUrs IIf1..f:r me blue Uras orlhe color.key hD bem approved by the cJiNlL Supu color
will not cOI'l.tinue with processing t!lejob ",ithcuta.as.tomer .approval, theremre.1Ii: Inft28rth6cuxtomf'IJ kel'lJl the prooCin hi. POtSe:!Isjo-w the loncer it will uL:.e 10 finnh in pmduclng.hcjob. Qu&lity Supa CuluJ will ..be i13
h~t eA'btt 10 pMd'JCel II high qu:ality reproduaion clo", 10 ttM ~tlGy. 001 does not ~t an ''eJ(001 0010" match. Merchandi,c ~ by 1hi~ o.n:J.,r will be subjet.."t to reasonable v.arialJon &om 5tandald in c.olor
U\d "nish ill a.x:Clrdof'lQC wi1h cus.tams ofthCl prinriDQ i.ndu.stl}'. Company LoIlO: Super colo& 'e,er,,~ l.h~,i~ht to pl.we its 10ilO lUtd for iao advuti..inS on any prorllli"t unless custonU:T I'd'u.. in 'Nritill.[:. Notioe: Good, ~\)ld
Uld delivcled Lv p'Jrl,;huer haein shall remain ,he pmperT)' C1fSu~r C'~J()r In('~ Until oontr:J:t " pflid in full. Past due unptlid ac:countillllr'tl s.ubjec\ to II ser.-icc charB~ 011 1/2% pel mooth. Any aocoonl i3 PJ~t 111J1l: Whltlfi
ft.6t IliiAltled and prnd .tl~ d~IV4ilIY. By ac.c;eptallce ofthmo soods buyet.,gr'OC$ to p&ry the;;:H:!r'Vi~ cb4rge and a tcM.OrI.\blean~a fftl ifbuyer's KCOUllt iB tuJned avm to anome)' f.:w (':~II~clion. All maI~I..Is. ",..11 nave
alight variation from oolor ~ or madIprim: pmof. There is. 20% cancellation dw'ge on.all OfMt'l not ca.ncelert in writine; within 72 hours:,
Signature:
Date:
ATTACHMENT "A"
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Susan Simpson, Cultural and Human Services Director
DATE:
5/19/2011
RE:
Agreement with Super Color, Inc. for Printing Services
RECOMMENDATION:
It is recommended that the City Commission approve the attached resolution to enter into
an agreement with Super Color, Inc. to provide Printing Services for Four (4) quarterly
issues of the City's Calendar of Programs and Events in an amount not to exceed Thirteen
Thousand, Five Hundred, Sixty Dollars ($13,560.00).
REASONS:
One of the tools the City uses to disseminate information to residents and visitors is the
quarterly Calendar of Programs and Events. This full color booklet is 24 pages including
the cover and provides information regarding all City Programs and Special Events.
This agreement is for 4500, full size (8 1/2" x 11 ") brochures per issue, four times per
year in the amount of$3,390 per issue for an annual total of$13,560.00.
FUNDING SOURCE:
Funds for this item are budgeted in two Cost Centers Printing budgets as follows: $6,780
from 10.572.5470 and $6,780 from 10.573.5470.
ATTACHMENTS:
. Resolution
. Agreement
http://sibagenda. sibfl.net/agenda/Preview .aspx?I temID=5 03 &MeetingID=O&MeetingDate... 5/12/2011