97-22347 RESO
RESOLUTION NO. 97-22347
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THI~
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RANKING 0 If
PROPOSALS RECEIVED AND AUTHORIZING THE ADMINISTRA T]O]"I~
TO ENTER INTO NEGOTIATIONS WITH THE NUMBER-ONE RANKEJI!)
PROPOSER, ART DECO TROPICAL, PURSUANT TO REQUEST FOJR
PROPOSALS NUMBER 70-96/97, FOR THE PURCHASE OF PUBJI~H:
ADVERTISEMENTS IN A SPANISH-LANGUAGE PERIODICAL; SHOrLJI)
THE ADMINISTRATION NOT BE ABLE TO REACH AGREEMENT WITH
ART DECO TROPICAL, AUTHORIZING THE ADMINISTRATION Tt:)
NEGOTIATE WITH THE SECOND-RANKED PROPOSER, LIBRE.
WHEREAS, the City is seeking the provision of public advertisements in a Spanisl-
language periodical in an effort to notify and inform the Hispanic public of job announcemfut.,
public hearings, and/or other public information; and
WHEREAS, the City issued a Request for Proposals (RFP 70-96/97) for providing th.;:
required services on March 7, 1997; and
WHEREAS, notices and specification packages for the Requests for Proposals were isslle<
to twenty-three firms, resulting in five responses; and
WHEREAS, an Evaluation Committee approved by the City Manager met on March 2~ ,
1997, and selected the firm of Art Deco Tropical as the top-ranked proposer, and the firm of Lib I;:
as the second-ranked proposer.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CJT"{
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Cit (
Commission herein accept the ranking of proposals received and authorize the Administration t)
enter into negotiations with the number-one ranked proposer, Art Deeo Tropical, pursuant to RF )
Number 70-96/97, to provide public advertisements in a Spanish-language periodical; and shoul J
the Administration not be able to reach agreement with Art Deco 'Tropical, the A inistraticn il S
authorized to negotiate with the second-ranked proposer, Libre.
PASSED and ADOPTED this 16thday of April, 1
>k
ATTEST:
RoG-u rfCu~
CITY CLERK
jf
1{. fI!:tA UW-'1
ity y Date i
CI1Y HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beacti.f1.us
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C:ITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. ~7
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: April 16, 1~ 97
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: Request to Accept t Ranking of Proposals Received and to Authori1e llhe
Administration to En er into Negotiations for a Contract with the Number-One
Ranked Firm, Art Deco Tropical, Pursuant to RFP No. 70-96/97 for 11he
Purchase of Public Advertisements in a Spanish-Language Periodical; Sholld
the Administration Not Be Able to Reach Agreement with Art Deco Tropical,
to Authorize the Administration to Negotiate with the Second-Ranked Finn,
Libre.
ADMINISTRA TION RECOMMENDATION:
To accept the ranking of proposals and authorize the Administration to negotiate a contract.
CONTRACT FUNDING:
Funding is available from Budget Accounts of various departments, subject to OMB approval.
BACKGROUND:
The City of Miami Beach issued RFP Number 70-96/97 on March 7, 1997, to solicit proposals: or
the provision of public advertisements in a Spanish-language periodical in an effort to notif:! aId
inform the Hispanic public of job announcements, public hearings, and/or other public informCltic n.
Twenty-three notices were faxed on March 7, 1997, and specifications packages were sent on t Ie
same day. Ten periodicals were represented at the mandatory pre-proposal conference he: d m
March 12, 1997, and five proposals were received on the closing date of March 21, 1997.
This contract shall be for a one-year period, with two one-year renewal options at the sole discr~ti m
of the City.
Proposals were received from:
Art Deco Tropical
EI Especial
Libre
Miami Beach Hola Amigos
Reporter of Dade, Inc.
AGENDA ITEM C. ~ t:.~
DATE~\-~
RFP NO. 70-96/97
Page Two
April 16, 1997
BACKGROUND: (Continued)
Prensa Grafica and Spotlight submitted sample publications and advertising rates, but did not sub nit
complete proposals.
The following Selection Committee met on March 25, 1997, to discuss, evaluate, and sco:e he
proposals:
Ronnie Singer, Special Assistant to the City Manager
T.C. Adderly, Human Resources Director
Nanette Rodriguez, Public Information Officer
Jo Adsmundson, Miami Beach resident
Betty Capote, Attorney for the City of Miami Beach Personnel Board
ANAL YSIS:
Some of the key factors which were considered during the evaluation process were ability to pllblsh
on a weekly basis, circulation of at least 10,000, regularly seheduled distribution dates, a "general
news" format, and proposed translation and publishing fees.
The Selection Committee unanimously selected Art Deco Tropical as the top-ranked propose', :: nd
Libre as the second-ranked proposer. It was also determined that none of the other proposers fully
met the specifications of this Request for Proposals.
CONCLUSION:
The Commission should accept the ranking recommended by the Evaluation Committee and
authorize the Administration to commence negotiations with the recommended firm.
JGP:MDB:jf )'P}/J
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
ART DECO TROPICAL
FOR THE PURCHASE OF PUBLIC ADVERTISEMENTS IN A
SP ANISH-LANGUAGE PERIODICAL
THIS AGREEMENT made and entered into this 15th day of September, 1997, b:' ald
between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), having ts
principal offices at 1700 Convention Center Drive, Miami Beach, Florida and ART D18:( 0
TROPICAL, (hereinafter referred to as Contractor), whose address is 235 Lincoln Road, Suite 3: 0,
Miami Beach, FL 33139.
SECTION 1
DEFINITIONS
This written Agreement between the City and Contractor.
"City Manager" means the Chief Administrative Officer of the City.
All services, work and actions by Contractor performed pursuant tc tl is
Agreement and as specifically described in Section 2 and Exhibit "A" ht:re n.
Proposal Documents: Proposal Documents shall mean the a) Request for Proposals No. 70-5'6/ n
(RFP No. 70-96/97) to provide Public Advertisements in a Spanish-Langua ~e
Periodical, issued by the City, in contemplation of this Agreement, tog~tt~r
with all amendments, and b) the Contraetor's proposal and resI=on,e
(Proposal) which is incorporated by reference in this Agreement and male
a part hereof.
Agreement:
City Manager:
Services:
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Cittf C {~~J<'"
SECTION 2
SCOPE OF WORK
The scope of work to be performed by Art Deco Tropical is set forth in Exhibit "A," entitled "Swpe
of Services" (Services).
SECTION 3
COMPENSATION
3.1 Fees
Contractor shall be compensated for the Services performed herein, pursuant to the lite
schedule set forth in Exhibit "A" hereto.
3.2 Method of Payment
Payment shall be made within thirty (30) days of submission of invoices to the ordering ( ity
agencIes.
SECTION 4
GENERAL PROVISIONS
4.1 Responsibility of Contractor
With respect to the performance of the Services, Contractor shall exercise that degree of. sk Jl,
care, effieiency and diligence normally exercised by recognized professionals with respect 0 he
performance of comparable Services. In its performance of the Services, Contractor shall cc m] dy
with all applicable laws and ordinances, including but not limited to, applicable regulations of' he
City, County, State, Federal Government, ADA, EEO Regulations and Guidelines.
4.2 Public Entity Crimes
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida
Statute on Publie Entity Crimes shall be filed with the Proeurement Division.
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4.3 Duration and Extent of Aereement
The term of this Agreement shall be for a period of one (1) year from the date of execlltil In
of this Agreement. Additionally, there shall be two one-year renewal options, at the sole discrdiun
of the City.
4.4 TERMINATION
4.4.1 Termination for Cause
If Contractor shall fail to fulfill in a timely manner, or otherwise violate, any of tIle
covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have tl.e
right to terminate this Agreement. Prior to exercising its option to terminate for cause, the City;h, 11
notify Contractor of its violation of the particular terms of this Agreement, and shall grant Contractlilr
seven (7) days to cure such default. If such default remains uncured after seven (7) days, the Cit r,
upon three (3) days notice to Art Deco Tropical, may terminate this Agreement.
4.4.2 Termination for Convenience of City
Notwithstanding Section 4.4.1, the City may, for its convenience and without caus:,
terminate this Agreement at any time by giving written notiee to Contractor of such terminal ion,
which shall become effective seven (7) days following receipt by Contractor of the wr: tte n
termination notice.
4.5 Equal Employment Opportunity
In connection with the performance of this Agreement, Contractor shall not discrimi lat.~
against any employee or applicant for employment because of race, color, religion, ancestry, se:..,
national origin, place of birth, marital status, or physical handicap.
4.6 Entirety of Agreement
This writing and all exhibits hereto embody the entire Agreement and understanding betwee 1
the parties hereto, and there are no other agreements and understandings, oral or written wit 1
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reference to the subject matter hereof that are not merged herein and superseded hereby. The
exhibits and the Proposal Documents are hereby incorporated by reference into this Agreement
No alteration, change, or modification of the terms of this Agreement shall be valid unl( ss
amended in writing, signed by both parties hereto, and approved by the City Commission of thE C ty
of Miami Beach.
4.7 Indemnification
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its off ce's,
employees and agents, from and against any and all actions, claims, liabilities, losses, and expens,:s,
including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrolg:ul
death, loss of or damage to property, at law or in equity, which may arise or be alleged to have 2ris.~n
from the negligent acts, errors, omissions or other wrongful conduct ofthe Contractor, its employe,:s,
agents, sub-consultants, or any other person or entity acting under Contractor's contrcll, in
connection with the Contractor's performance of the Services pursuant to this Agreement; and to tl at
extent, the Consultant shall pay all such claims and losses and shall pay all such costs and attome~ s'
fees expended by the City in the defense of such claims and losses, including appeals. The parti.;:s
agree that one percent (1 %) of the total compensation to the Contractor for performance of t Ie
Services under this Agreement is the specific consideration from the City to the Contractor fc'r t Ie
Contractor's Indemnity Agreement.
The Contractor's obligation under this subsection shall not include the obligatic,n to
indemnify the City of Miami Beach and its officers, employees and agents, from and against alY
actions or claims which arise or are alleged to have arisen from negligent acts or omissions or ,)tler
wrongful conduct of the City and its officers, employees and agents. The parties each agree to gi Ie
the other party prompt notice of any claim coming to its knowledge that in any way directly )r
indireetly affeets the other party.
4.8 Limitation of City's Liability
The City desires to enter into this Agreement only if in so doing the City can place a linlit
on its liability for any eause of action for money damages due to an alleged breach by the City 0 f tl is
Agreement, so that its liability for any such breach never exceeds the sum of $5,000. Contnct)r
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hereby expresses its willingness to enter into this Agreement with Contractor's recovery from tIe
City for any damage action for breach of contract to be limited to a maximum amount of$5,000, kss
the amount of all funds actually paid by the City to Contractor pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contrac1)f
hereby agrees that the City shall not be liable to the Contractor for damages in an amount in e):ce~s
of $5,000, which amount shall be reduced by the amount actually paid by the City to the Contr,lct.)r
pursuant to this Agreement, for any action of claim for breach of contract arising out of t le
performance or non-performance of any obligations imposed upon the City by this Agreement.
4.9 Assienment. Transfer or Subcontracting
The Contractor shall not subcontract, assign, or transfer any work under this Agreeme It
without the prior written consent of the City.
4.10 Equal Employment Opportunity
In connection with the performance of this Agreement, the Contractor shall not discrimina e
against any employee or applicant for employment because of race, color, religion, ancestry, se: ,:,
age, national origin, place of birth, marital status, or physical handicap. The Contractor shall ta}. e
affirmative action to ensure that applicants are employed and that employees are treated during the r
employment without regard to their race, color, religion, ancestry, sex, age, national origin, place
of birth, marital status, disability, or sexual orientation. Such action shall include, but not be lirritd
to the following: employment, upgrading, demotion, or termination; recruitment or recruitrael t
advertising; layoff or termination; rates of pay, or other forms of compensation; and selectior. fc r
training, including apprenticeship.
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4.11 Notices
All notices and communications in writing required or permitted hereunder may be deli(eI~d
personally to the representatives of the Contractor and the City listed below or may be mailed )y
registered mail, postage prepaid.
Until changed by notice in writing, all such notices and communications shall be addn:ss .~d
as follows:
TO CONTRACTOR:
Art Deco Tropical
Attn: Mirta Pestana, President
235 Lincoln Road
Suite 320
Miami Beach, Florida 33139
(305) 672-8006
TO CITY:
City of Miami Beach
Attn: City Clerk
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7411
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execuL:d
by their appropriate officials, as of the date first entered above.
)
FOR CITY:
ATTEST:
By: ~~ r~
City Clerk
CITY
CH, FLORIDt\
I
L- "----'
By: (
FOR CONTRACTOR:
/
/
V
ATTEST:
'~~
Secretary
~~i
By:
President
Corporate Seal
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
::j1/ WL ~,
City A'tIomey DaM 9
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EXHIBIT "A"
SCOPE OF SERVICES:
The Contractor shall place public advertisements in its Spanish-language periodical on an as-Lee led
basis, as requested by various City departments. Any department or division which place.; s lch
advertising shall issue a Standing Order or Purchase Order, and any invoices must reference the
correct Standing Order or Purchase Order number in order for prompt payment to be made.
The Contractor will return to the appropriate City department or division "tear sheets" that c'Jmain
the printed version of the advertisement, along with a complete copy of the edition. Payment'vill
be made following publication of the advertisement and submission of an invoice. No other
advertisements will be place without the receipt of the prior month's "tear sheet".
-Deadline to submit ads is Tuesday, 5:00 p.m.; any corrections must be submitted to Contrador
before 5:00 p.m. on Wednesday, to be published in edition of the same week, on Thursday.
-All advertisements from the City will be placed on the same page, or on contiguous pages.
-A headline announcing "News andjob opportunities from the City of Miami Beach" will be rrirted
on the first page of the publication, indicating the page where CMB ads are located. There wilii be
no charge for this feature.
- The Human Resources Department will be charged $36.00 per position advertised, includ ng
translation and logo.
-The following rates will be paid for all other ads:
$300.00 Full Page
$150.00 12 Page
$100.00 1/3 Page
$ 75.00 1/4 Page
$ 60.00 1/6 Page
$ 37.50 1/8 Page
$ 30.00 1/10 Page
- There will be a translation fee of $.08 per word, counting only words of four letters or more:.
- The Contraetor will provide publieity for City projects at no charge - estimated at six half page
articles and six headlines on first page per year, in addition to press releases.
f:\$all\purc\judy\forms\contract. 70
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