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HomeMy WebLinkAboutReso 2017-2735 RESOLUTION NO. 2017- 21 A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH BONNIE BENNETT CREATIVE,LLC. TO PROVIDE GRAPHIC DESIGN SERVICES TO THE CITY FOR FISCAL YEAR 2017/2018, IN AN AMOUNT NOT TO EXCEED NINETY-EIGHT THOUSAND ONE HUNDRED DOLLARS ($98,100.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID SECOND AMENDMENT TO THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 15, 2015 via Resolution No. 2015-2480 the City Commission authorized the City Manager to approve the expenditure of budgeted funds in the amount up to $97,500.00 with Bonnie Bennett Creative,and entered into an Agreement on December 29,2015 to provide graphic design services to the City for Fiscal Year 2015/2016; and WHEREAS, on September 15, 2016 via Resolution No. 2016-2599 the City exercised its first of four (4) options to renew and the City Commission approved a First Amendment to the Agreement with Bonnie Bennett Creative, LLC. to provide graphic design services to the City for Fiscal Year 2016/2017, in an amount not to exceed $98,800.00; and WHEREAS, Bonnie Bennett Creative has continued to carry the corporate identity and branding developed as "Florida's Riviera" throughout all official City publications, promotional items and marketing materials, including the layout and design of the quarterly newsletter, the quarterly catalogs, the annual City calendar, all advertisements, promotional items, brochures and other marketing materials; and WHEREAS, the City wishes to exercise its second option to renew the agreement with Bonnie Bennett Creative, LLC, of which two (2) options to renew remain; and WHEREAS, the City Commission now wishes to approve a Second Amendment to the Agreement with Bonnie Bennett Creative, LLC. to provide graphic design services to the City for Fiscal Year 2017/2018, in an amount not to exceed Ninety-Eight Thousand One Hundred Dollars ($98,100.00), 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 Second Amendment to the Agreement. The City Commission hereby approves the Second Amendment to the Agreement with Bonnie Bennett Creative,LLC. to provide graphic design services to the City for Fiscal Year 2017/2018, in an amount not to exceed Ninety- R2017 Bonnie Bennett 2nd Amd To Agmt FY 17-18 Page 1 of 2 Eight Thousand One Hundred Dollars ($98,100.00), attached hereto as Exhibit"A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said First Amendment to the 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. The Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED on this 21'day of Sept: ber 2117. Georg- . Scholl, Mayor ATIT: I e /' Mauricio Betancur, CMC, Acting City Clerk APPROVED AS TO FORM AN D . E .i FICIENCY: . `.'ans a ttinot, ity Attorney Moved by: COMISAISIOt-lic-P-- a Seconded by: kl 1 CC 111190tL £OLif\- Vote: Mayor Scholl `/ (Yes) (No) Vice Mayor Goldman V (Yes) (No) Commissioner Aelion I (Yes) (No) Commissioner Gatto J (Yes) (No) Commissioner Svechin V (Yes) (No) 82017 Bonnie Bennett 2nd Amd To Agmt FY 17-18 Page 2 of 2 SUNNY itlE _ u, 4-0 = SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND `•\ `/ BONNIE BENNETT CREATIVE, LLC a.fuM rho` " CONTRACT NO. 3262-1802 This Second Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH and BONNIE BENNETT CREATIVE, LLC., executed this Zi at day of S rtCM , 2017, is made a part of the original Agreement between the parties dated December 29, 2015, Contract No. C1516-038 ("the Agreement"), between the CITY OF SUNNY ISLES BEACH ("City") and BONNIE BENNETT CREATIVE, LLC. ("Contractor") attached hereto as Attachment "B"whose Federal Identification# is 45-4753842. The City and Contractor hereby agree as follows: 1. OPTION TO RENEW. The City hereby wishes to exercise its second option to renew the Agreement for one (1) year in accordance with Section 3 of the original Agreement, as more particularly described in Attachment "B", which is attached hereto and incorporated herein by reference. 2. TERM. The Term of this Second Amendment shall commence on October 1, 2017, and shall end no later than September 30, 2018. 3. ADDITIONAL SERVICES. The City hereby wishes to amend Section 2 of the original Agreement ("Services") to include a comprehensive evaluation of annual needs in identity and design as it applies to various processes ("Additional Services"), as more particularly described in Attachment "A", which is attached hereto and incorporated herein by reference. 4. ADDITIONAL COMPENSATION. Section 4 of the original Agreement between the parties is hereby amended to include additional compensation for the Additional Services in an amount not to exceed Ninety Eight Thousand One Hundred Dollars ($98,100.00), bringing the total contract amount not to exceed Two Hundred Ninety Four Thousand Four Hundred Dollars ($294,400.00). 5. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the Agreement between the parties, dated December 29, 2015, attached hereto as Attachment "B", shall remain in full force and effect. 6. CONFLICTING PROVISIONS: In the event of a conflict or inconsistency between the terms and conditions of this Second Amendment and the terms and conditions of any other document, attachment, or event described elsewhere, including but not limited to Attachments"A" and "B", the terms and conditions of this Second Amendment shall prevail and take priority. • IN WITNESS WHEREOF,the parties heretohaveexecuted this document as Of the date mentioned'above. WITNESS: 130NNIE BENIsTETT CREATIVE',LLC. Signature BY: ..441111.! • Bonnie Bennett, Owner • Print Name ATTEST: CITY OF-SU 'Y IS, ES BEACH • , 1 , OP 00....riorigury !.."17114111.1i BY: Mauricio B tan Ur, ( MC,Acting City Clerk Georg, . Scholl,Mayor „ APPROVED AS-TO FORM AND • LEGAL SUFF:' CY IJ .; BYMY s sittinot, City Attorney • PI Amendment to Agreement with BONNIE BENNETT CREATIVE,'LLC. 2 _ • Susan Simpson, Director Evelyn Trammel, Manager t. i Cultural &Community Services CITY OF SUNNY ISLES BEACH Oonnieoennettcreative LLC CREATIVE & DESIGN PROJECTS DATE July 27, 2017 PROJECT OVERVIEW City of Sunny Isles Beach creative projects Comprehensive evaluation of annual needs in identity and design as it applies to various processes: print collateral,signage,environmental graphics and any venue that is to uniquely identify the City of Sunny Isles Beach. All print and fabrication costs are quoted from vendors project by project,separate from this document. FISCAL YEAR 10.01.2017-09.30.2018 PROJECT DESCRIPTION 1 INCLUSION PROJECTED FEE Notecard final art I new direction;production I custom developed art and production SlBislander:6 panel,November design,layout,prep all creative,design,Photoshop work,pre-press 2100.00 SlBislander:6 panel,December design,layout,prep all creative,design,Photoshop work,pre-press 2100.00 SlBislander:6 panel,Jan 2018 l design,layout,prep all creative,design,Photoshop work,pre-press 2100.00 SlBislander:6 panel,February design,layout,prep i all creative,design,Photoshop work,pre-press 2100.00 SiBislander:6 panel,March design,layout,prep all creative,design,Photoshop work,pre-press 2100.00 SlBislander:6 panel,April j design,layout,prep all creative,design,Photoshop work,pre-press _ 2100.00 SlBislander:6 panel,May i design, layout,prep all creative,design,Photoshop work,pre-press 2100.00 SlBislander:6 panel,June ; design,layout,prep all creative,design,Photoshop work,pre-press 2100.00 SlBislander:6 panel,July design,layout,prep , all creative,design,Photoshop work,pre-press 2100.00 SlBislander:6 panel,August j design, layout,prep all creative,design,Photoshop work,pre-press 2100.00 SlBislander:6 panel,September design,layout,prep I all creative,design,Photoshop work,pre-press 2100.00ti SlBislander:6 panel,October design,layout,prep all creative,design,Photoshop work,pre-press 2100.00 SIB Living:creative alterations continue style alterations creative alternatives,comps and layout file _ 3600.00 SIB Living:spring 2018 design,layout,prep i all creative,design,Photoshop work,pre-press 8300.00 SIB Living:summer ; design,layout,prep all creative,design,Photoshop work,pre-press 8300.00 SIB Living:fall l design,layout,prep ' all creative,design,Photoshop work,pre-press 8300.00 SIB Living:winter 2019 ; design,layout,prep I all creative,design,Photoshop work,pre-press 8300.00 4 color ad series;full page:scenic ! design,layout,prep all creative,design,Photoshop work,pre-press 5000.00 4 color ad seroes;full page:lifestyle design,layout,prep i all creative,design,Photoshop work,pre-press 5000.00 CSIB Official Welcome pkg j sleeve and presentation shell all creative,design,Photoshop work,pre-press 5000.00 CSIB Welcome contents interior information pieces all creative,design,Photoshop work,pre-press 3800.00 Identity art:SIB new venues to be discussed Fall creative,design,custom art supplied as needed 2800.00 Identity art:SIB new venues i additional identity requirements j identity,announcement collateral 2800.00 Community Center template new format for inhouse use all creative,design 1200.00 2019 Annual Photo Contest Calendar;desktop all creative,design,Photoshop work,pre-press 3800.00 Art direction,set design photo shoots:on location I assist photographer(s)with creative;set design 2500.00 New History Brochure l consider 6 x 9"format ; incorporate historic photos;new design and text 4200.00 PROJECTED TOTAL 98,100.00 305.893.4007 4000 TOWERSIDE TERRACE • NO. 1005 •iMIAMI, FL 33138 • EMAIL: BONNIE@BONNIEBENNETTCREATIVE.COM 0 ATTACHMENT "A" }VNII ISI ` 1 _ -.. i ° AGREEMENT BETWEEN THE CITY OF • SUNNY ISLES BEACH AND BONNIE BENNETT CREATIVE, LLC. CONTRACT NO. C1516-038 THIS AGREEMENT, entered into this day of 1)6C1-4115°2— 2015; by and between the CITY. OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and BONNIE BENNETT CREATIVE, INC., a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as the "Contractor"), whose federal tax identification number is 45-4c.41532..- RECITALS WHEREAS, the City hired Contractor to brand the City. as "Florida's Riviera" ("Services"), as more particularly described in Attachment "A", attached hereto and made a part hereof; and WHEREAS, the City Commission authorized the City Manager to approve the expenditure of budgeted funds in the amount up to Ninety-Seven Thousand Five Hundred Dollars (597,500.00) with Bonnie Bennett Creative to provide graphic design services to the City for Fiscal Year 2015/2016 via Resolution No. 2015-2480. WHEREAS, the Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and • WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in an amount not to exceed Ninety-Seven Thousand Five Hundred Dollars (597,500.00) for services rendered during Fiscal Year 2015/2016. 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 provide to the City the Services as more particularly described in Attachment "A" attached hereto and made a part hereof. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. 3. TERM. Subject to the provisions relating to the termination of-this Agreement as set forth in Paragraph 10 hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall terminate at the end of Fiscal Year 2015-2016, i.e. September 30, 2016. The parties shall have the option to extend this Agreement for 4 (four) additional 1 (one) year CI516.038 BONNIE BENNETT CREATIVE,LLC Pace I of 7 '' r ATTACHMENT "B" • terms, based upon the City's exercise of these optional renewal periods. Any change in fee, terms or conditions during any renewal period shall be accomplished by written amendment to this Agreement and approval by the City. 4. COMPENSATION. The Contractor agrees to provide the Services in an amount not to exceed Ninety-Seven Thousand Five Hundred Dollars (597,500.00) for services rendered during Fiscal-Year 2015-2016 ("Compensation"). At least Thirty (30) days prior to the expiration of the initial term, or the then existing renewal term, the Parties shall be required to negotiate the pricing for services rendered during the renewal term, in the event the City elects to exercise its renewal option. Payment The City is not required to reimburse the Contractor for any services beyond the agreed upon Compensation unless the services are authorized by amendment and approved as required by the City's purchasing procedures. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. 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. The City will pay properly submitted Contractor invoices within 30 (thirty) days of receipt, for completed and accepted deliveries or specified services and/or goods, unless the City notifies the Contractor in writing of the dispute, before the payment is due. 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. C1516-038 BONNIE BENNETT CREATIVE,LLC Page 2 of 7 ' I - 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. 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, Premises/Operations, Products/Completed Operations, Contractual, Independent Contractors, Personal Injury and Property Damage liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. ❑ Worker's Compensation, as required by the State of Florida 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 (51,000,000) 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. Contractor shall also require and ensure that each of its sub-contractors providing services hereunder (if any) procures and maintains, untilthe 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. C1516-038 BONNIE BENNETT CREATIVE, LLC Page 3 of 7 =� • 7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. 8. DUTY TO DEFEND, INDEMNIFY AND HOLD HARMLESS. Contractor 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, bur 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 Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of Services under this Agreement and to that extent the Contractor 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 including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. .The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. 9. TERiMINATION. A. lf, 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 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 written notice to Contractor which shall become effective ten (10) days following receipt by Contractor. The terms of Paragraphs 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. CI316-038 BONNIE BENNETT CREATIVE; LLC Paee 4 of 7 ` f 10. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not • subcontract, assign or transfer any work under this agreement without the prior written consent of the City. Should the Contractor subcontract any services under this agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor. 11. GOVERNING LAW, VENUE 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 attorneys fees at the pretrial, trial and appellate levels. 12. 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 Paragraph 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 in a court of equity for violating such provisions. 13. 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 Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Contractor: Bonnie Bennett, Owner Bonnie Bennett Creative, LLC. 250 NE 96 Street Miami Shores, Florida 33138 Tel: (305) 792-1707 E-mail: bonnie@bonniebennettcreative.com CI516-038 BONNIE BEN'S ETT CREATIVE,LLC Page 5 of 7 14. 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. 15. 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 theCivilRights 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. 16. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest OrdinanceSection2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, 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, direct 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 be employed by the Contractor. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall prevail, control and supersede any other conflicting or inconsistent provisions that are contained in any other document or attachment, including but not limited to Attachment "A" or any other document or attachment not specifically attached hereto or otherwise referenced in this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. CI516-038 BONNIE BEN NETT CREATIVE,LLCPage 6 of 7 .' `J IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS #1: BONNIE BENNETT CREATIVE, LLC. • 1971/•61( BY: Bonnie Bennett, Owner Print Name WITNESS #2: Print Name • ATTEST: . CITY OF SUNNY ISLES BEACH , L. A. ."... B Jane A. `ines,M C, City Clerk Christopher J.'usso, City Manager • APPROVED AS TO FORM AND LEGAL S '• ° CI•E CY K.131/: 1.14: l, ��� J4 BY. �'(. Dep•1 ent Head ans Ottinot, City Attorney • C1516-038 BONNIE BENNETT CREATIVE,LLC Page 7 or City of Sunny Isles Beach 18070 Collins Avenue „ ' mow: ; Sunny Isles Beach, Florida 33160 • Lo2,‘°0 .'s (305)947-0606 City Hall C`7• .,Or"S V N NG (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Susan Simpson, Cultural & Community Services Director DATE: 9/21/2017 RE: Agreement with Bonnie Bennett Creative, LLC to Provide Graphic Design Services RECOMMENDATION: This resolution is submitted for your consideration. REASONS: The City produces multiple publications throughout the year including the quarterly Living magazine, the monthly Islander newsletter, as well as others. Remaining true to our branding guidelines, we have transitioned all publications to reflect our world class image. Bonnie Bennett Creative, LLC provides the Graphic Design Services for all of our print publications. We are pleased with the work produced by Bonnie Bennett Creative, as they work within our deadlines, manage our print contractors, and produce materials that proudly represent the world class image of Sunny Isles Beach. As Bonnie Bennett Creative has not increased the rates charged from previous years, we recommend entering into an agreement with them for Fiscal Year 2017/2018 in an amount not to exceed $98,100. FUNDING SOURCE: 271 Funding for this item is budgeted for and available in the Cultural and Community Services Department general fund account number 001-6- 5730-431000-00000 - Professional Services. ATTACHMENTS: Description Resolution Second Amendment Item Number: 10.P. 272