HomeMy WebLinkAboutReso 2011-1772
RESOLUTION NO. 2011- 111 'L
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH GLOBAL PRINT SERVICES, INC. TO DESIGN, PRINT AND
PUBLISH A BOOK ENTITLED "AN OVERWHELMING SENSE OF
COMMUNITY PRIDE: THE ARCHITECTURE OF SUNNY ISLES
BEACH", IN AN AMOUNT NOT TO EXCEED EIGHTEEN
THOUSAND DOLLARS ($18,000.00), 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 desires to have an architectural book published which will capture
the City's renowned hotels and condominiums and provide a medium to inform residents and the
general public about the City's rich and distinctive modern architecture; and
WHEREAS, Ellen Uguccioni, the consultant to the City's Historic Preservation Board, is
authorizing a book which will be entitled "An Overwhelming Sense of Community Pride: The
Architecture of Sunny Isles Beach"; and
WHEREAS, Global Print Services has expressed the ability and desire to design, print
and publish the Book pursuant to the specifications outlined in its proposal; and
WHEREAS, the City wishes to enter into an Agreement with Global Print Services,
whereby the City will purchase 1,000 copies of the Book at a unit cost of$15.00 per copy for a
total print and publication cost of $15,000, in addition to a total design and layout cost of
$3,000.00 for a total amount not to exceed $18,000.00, 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 Global Print Services, Inc. to
design, print and publish a book entitled "An Overwhelming Sense of Community Pride: The
Architecture of Sunny Isles Beach", in a total amount not to exceed Eighteen Thousand Dollars
($18,000.00), attached hereto as Exhibit "A", is hereby approved.
Section 2. Authorization of the Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of the 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- Global Print Srvs
Page 1 of2
PASSED AND ADOPTED this 15th day of September 2011.
ATTEST:
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Jane A. Hines, CMC, City Clerk
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APPROVED;AS TO FORM
AND . "SUFFICIENCY:
Vote: S-o
Mayor Norman S. Edelcup
Vice Mayor Lewis Thaler
Commissioner Isaac Aelion
Commissioner Jeanette Gatto
Commissioner George "Bud" Scholl
R2011- Global Print Srvs
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l rman S. Edelcup, Mayor
Moved by:
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Seconded by:
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(Yes)
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Page 2 01'2
CITY OF SUNNY ISLES BEACH
BOOK PUBLISHING AGREEMENT WITH
GLOBAL PRINT SERVICES, INC.
CONTRACT NO. CIOII-063
TIDS AGREEMENT, is entered into this l S'tlt day of S~Vf\~-u.2011, by and
between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and
GLOBAL PRINT SERVICES, INC., a corporation authorized to do business in the State of
Florida (hereinafter referred to as "Publisher") whose Federal J.D. # is d 0--5:5'-/ .?, q s-:s:~
WHEREAS, the City desires to have an architectural book published which will capture
the City's renowned hotels and condominiums and provide a medium to inform residents and the
general public about the City's rich and distinctive modem architecture; and
WHEREAS, Ellen Uguccioni, the consultant to the City's Historic Preservation Board, is
authoring a book which will be entitled An Overwhelming Sense of Community Pride: The
Architecture of Sunny Isles Beach (hereinafter referred to as the "Book"); and
WHEREAS, Publisher has expressed the ability and desire to design, print and publish
the Book pursuant to the specifications outlined in its proposal, a copy of which is attached
hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the City desires to enter into an Agreement with Publisher, whereby the
City will purchase 1,000 (one thousand) copies of the Book at a unit cost of $15.00 (fifteen
dollars) per copy for a total print and publication cost of $15,000.00 (fifteen thousand dollars), in
addition to a total design and layout cost of $3,000.00 (three thousand dollars), collectively
referred to as "Services", for a total amount not to exceed $18,000.00 (eighteen thousand
dollars ).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. Recitals. The above recitals are incorporated herein as if fully set forth.
2. Term. The term of this Agreement is for the specific purpose of publishing the Book and
shall terminate upon the delivery to the City of 1,000 (one thousand) copies of the book, unless
terminated sooner in writing by the City pursuant to Section 11.
3. Publisher's Obli2ations. The Publisher shall perform the following Services:
(a) Provide the City with 1,000 (one thousand) copies of the Book.
(b) The Book shall be a minimum of 11.125" x 9.125", with no less than 176 interior
pages.
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CIOII-063 Global Print Services
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(c) The Book shall be a hard cover.
(d) The Book's title shall be called An Overwhelming Sense of Community Pride:
The Architecture of Sunny Isles Beach, unless amended by mutual consent of the
parties.
(e) The Published shall adhere to the specifications as outlined in Attachment "A".
4. City's Obligations.
(a) Coordinate with Publisher the delivery of photographs to Publisher.
(b) Purchase a minimum of 1,000 (one thousand) Books from Publisher at a unit cost
of $15.00 (fifteen dollars) per copy for a total print and publication cost of
$15,000.00 (fifteen thousand dollars).
(c) Pay Publisher for the Book's design and layout cost of $3,000.00 (three thousand
dollars).
5. Publisher's disclaimer of liability. Publisher shall not be held liable for any claims
alleging that the written and/or photographic materials submitted by City violate the
intellectual property rights of a third party, or contain any false or malicious information
that could harm, defame, or injure the reputation of a third party.
6. Compensation.
(a) As the entire compensation under this Agreement and during the entire term of
this Agreement, in whatever capacity rendered, the City shall pay Publisher a total
amount not to exceed $18,000.00 (eighteen thousand dollars), which includes
1,000 (one thousand) copies of the Book at a unit cost of $15.00 (fifteen dollars)
per copy for a print and publication cost of $15,000.00 (fifteen thousand dollars),
in addition to a design and layout cost of $3,000.00 (three thousand dollars). The
payments shall be as follows: The City shall pay for the design and layout costs
totaling $3,000.00 upon completion of said services and presentation of invoice to
the City. The City shall pay for the remaining print and publication costs totaling
$15,000.00 upon delivery of the 1,000 copies of the Book to the City and
presentation of invoice from the Publisher.
(b) The City may purchase additional copies of the Book at a unit cost of $15.00
(fifteen dollars) per copy.
2
C 1011-063 Global Print Services
;~
\.. ....J
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(c) If the City disputes any charges on the invoices, it may make payment of the
uncontested amount and withhold payment on the contested amounts until they
are resolved by agreement between the parties.
(d) For purposes of purchasing additional copIes of the Book, this Section shall
survive the termination clause.
7. Copvrie:ht. Patent. Trademark.
(a) Publisher agrees that all work performed under this Agreement shall comply with
all applicable patent, trademark and copyright laws, rules, regulations and codes.
The Publisher further agrees that the Book will not utilize any protected patent,
trademark or copyright unless the Publisher has obtained proper permission and
all releases and other necessary documents.
(b) If the Publisher uses any protected material, process or procedure, the Publisher
shall disclose such patent, trademark or copyright in the Book.
(c) Publisher shall indemnify the City from all related copyright, patent or trademark
claims, due to the negligence of Publisher, its employees, principals, and agents.
8. Independent Contractor. Except as expressly provided for in this Agreement, Publisher
is not authorized to act as the City's agent hereunder and shall have no authority, expressed or
implied, to act for or bind the City hereunder, either in Publisher's relations w~th sub-contractors,
or in any other manner whatsoever. The Publisher 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 Publisher 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. Publisher 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 Publisher.
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 Publisher, other than those set forth in this
agreement. Publisher shall furnish its own transportation, office and other supplies as it
determines necessary in carrying out its duties under this agreement.
9. Use of City Seal. Publisher shall not use the name or official seal of the City in any
promotional material without the prior written consent of the City.
3
C 1011-063 Global Print Services
"\
'"
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
10. Assie:nment. 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.
11. Indemnification. Publisher agrees to defend, indemnify and hold harmless, the City, its
officers, agents, employees from, and against any and all claims, actions, liabilities, losses and
expenses including, but not limited to, attorney's fees for personal, economic or bodily injury,
wrongful death, loss of or damage to property, at law or in equity, which may arise or may be
alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the
Publisher, its agents or other personal entity acting under Publisher's control in connection with
the Publisher's performance of Services under this Agreement and to that extent the Publisher
shall pay such claims and losses and shall pay all such costs and judgments which may issue
from any lawsuit arising from such claims and losses and shall pay all costs and attorneys' fees
expended by the City in defense of such claims and losses including appeals.
12. Termination.
A. If, through any cause within the reasonable control the Publisher 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 Publisher of its violation of the particular terms of the agreement and grant Publisher 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 Publisher (and sub contractor(s)) shall be delivered to
the City and the City shall compensate the Publisher for all services satisfactorily
performed prior to the date of termination, as provided in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing, the Publisher shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the agreement by
Publisher and the City may reasonably withhold payments to Publisher for the
purposes of set-off until such time as the exact amount of damages due the City
from the Publisher 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
written notice which shall become effective ten (10) days following receipt by Publisher. The
terms of Paragraphs A(i) and (ii) above shall be applicable hereunder.
4
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J
ClOII-063 Global Print Services
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
C. Termination for Insolvencv. The City also reserves the right to terminate the
remaining services to be performed in the event the Publisher is placed either in voluntary or
involuntary bankruptcy or makes any assignment for the benefit of creditors.
13. Governin2 Law and Venue. It is agreed that this Agreement shall be governed by and
construed and enforced in accordance with the laws of the State of Florida. The venue for any
legal proceeding to enforce any term of this Agreement shall be in Miami Dade County, Florida.
14. 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.
15. Attornevs' Fees. If any action is filed in relation to this Agreement, including appellate
proceedings, the unsuccessful party in the action shall pay to the successful party, all sums that
either party may be called upon to pay, including the successful party's attorney' fees and costs.
16. 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.
17. Entire A2reement. 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.
18. 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.
19. Conflictin2 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.
5
C I 0 11-063 Global Print Services
, -I
\," ,:
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the
day and year written above.
WITNESS #1:
GLOBAL PRINT SERVICES, INC.
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ATTEST:
CITY OF SUNNY ISLES BEACH
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BY~~ . '1'\!'lJ-.'->
. . Jane A. Hines, CMC, City Clerk
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NJ an S. Ede1cup, Mayor
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APPROVED AS TO FORM AND
LEGAL S FICIENCY
Hi' Ottinot, City A omey
6
C 10 11-063 Global Print Services
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7701 sw 172 st, miami. fl33157 . tel: 786-242-5393 . fax: 786206-0173. www.globalprintservicesinc.com
Date: August 15,2011
To: Fernando Amuchastegui
Asst.City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Cc. Ellen Uguccioni
From: Eladio Robertson
Re: Printing Contract # reference: Our lobi 08-103-11
Description
Hard Cover:
Size: 11.125" x 9.125" (Horizontal)
176p + Cover + ends
Cover: 2.5mm board wrapped with 801b gloss paper, 4c+gloss lamlOc
Text: 1000b gloss paper, 4c/4c
Ends: 1000b offset paper, Ie/lc
proof: Digital Color
Bindery: smyth sewn ( all text will be sewn, makes for stronger book)
Soft Cover
Cover: 14pt C2S, 4c+ gloss film lamination/Oc al
All else same as above.
Prices:
Harbound: Design/layout:
1,000 @ $15.o0/per $3,000
Total: $18,000.00
. Terms: layout/Design: 50% downpayment/balance at completion.
. Terms: Printing: 50% downpayment/balance at Bill of lading
. Door to door delivery: Sunny isles Beach,FL 33160, By sea and Inland truck
· Overs IV nders not to exceed 5 %.
. Customer alterations or what is condsidered to be excess changes by Customer may be charged extra
For City of Sunny Isle:
Date:
Please let me know if you have any questions.
Thank You!
Best Regards,
Eladio Robertson
a world of options
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City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33 160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup. Mayor
Lewis Thaler, "ice Mayor
Isaac AeHon, Commissioner
.Jeanette Gatto, Commissioner
George "Bud" Scholl. Commissioner
Alan .J. Cohen, Cil)' Manager
lIans Ollinot. CII)' AI/orne)'
.Jane A. lIines. C\lC, Cil)' Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Mayor Norman Edelcup
DATE: September 15,2011
RE: Agreement with Global Printing Services, Inc. to Design, Print and Publish the
architectural book for the City's 15th Anniversary Celebration
RECOMMENDATION:
The Resolution is presented for your consideration.
REASONS:
In anticipation of the City's 15th Anniversary, the City has commissioned Historic Preservation
Consultant, Ellen Uguccioni to author an architectural book that will highlight the City's world
renowned hotels and condominiums and provide a medium for residents and the general public to
leam about the City's rich and distinct modem architecture. Towards that end, the City desires to
enter into an agreement with Global Print Services. Inc. to print and publish the City's
architectural book.
The City will purchase 1,000 copies of the book at a unit cost of $15.00 per copy, for a total print
and publication cost of $15,000.00 (fifteen thousand dollars) in addition to the book's design and
layout costs of $3,000.00 (three thousand dollars). for a total amount not to exceed $18.000.00
(eighteen thousand dollars). City staff obtained three bids to print and publish the City's
architectural book and Global Print Services was the lowest responsible. responsive bidder.
The City previously entered into an agreement with David Gartner to photograph the City's
architectural book at a cost of $7,250.00 (seven thousand two hundred and fifty dollars). In
addition, the City entered into an agreement with OMS Studio, Inc. to provide copy editing
services for the City's architectural book, for a total amount not to exceed Three Thousand Three
Hundred Dollars ($3,300.00).
Accordingly, the total costs to print/publish, photograph, and copy edit the City's architectural
book is $28,550.00 (twenty eight thousand five hundred and fifty dollars).
Preview
Page 1 of2
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEM QM.NJtUlYI
TO:
The Honorable Mayor and City Commission
FROM:
Mayor Norman Edelcup
DATE:
9/15/2011
RE:
Agreement with Global Printing Services, Inc. to Design, Print and
Publish the Architectural Book for the City's 15th Anniversary
Celebration
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
In antIcIpation of the City's 15th Anniversary, the City has commissioned Historic
Preservation Consultant, Ellen Uguccioni to author an architectural book that will
highlight the City's world renowned hotels and condominiums and provide a medium for
residents and the general public to learn about the City's rich and distinct modern
architecture. Towards that end, the City desires to enter into an agreement with Global
Print Services. Inc. to print and publish the City's architectural book.
The City will purchase 1,000 copies of the book at a unit cost of $15.00 per copy, for a
total print and publication cost of $15,000.00 (fifteen thousand dollars) in addition to the
book's design and layout costs of $3,000.00 (three thousand dollars), for a total amount
not to exceed $18,000.00 (eighteen thousand dollars). City staff obtained three bids to
print and publish the City's architectural book and Global Print Services was the lowest
responsible, responsive bidder.
The City previously entered into an agreement with David Gartner to photograph the
City's architectural book at a cost of $7,250.00 (seven thousand two hundred and fifty
dollars). In addition, the City entered into an agreement with DMS Studio, Inc. to provide
copy editing services for the City's architectural book, for a total amount not to exceed
Three Thousand Three Hundred Dollars ($3,300.00).
Accordingly, the total costs to print/publish, photograph, and copy edit the City's
http://sibagenda. si bfl. net/agenda/Preview .aspx?I temID=600&MeetingID=0&MeetingDate=... 9/9/2011
Preview
Page 2 of2
architectural book is $28,550.00 (twenty eight thousand five hundred and fifty dollars).
ATTACHMENTS:
. Resolution
. Agreement
http://sibagenda.si bfl.net/agenda/Preview.aspx?I temID=600&MeetingID=0&MeetingDate=... 9/9/2011