PRODUCE/DELIVER VOL.2 NO.2 OF THE CITY OF CLEARWATER MAGAZINE
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CONTRACT FOR SERVICES
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This AGREEMENT made thisM day of ..telxuarj ,199.9-, by and
between the City of Clearwater, Florida (City), P. O. Box 4748, Clearwater Florida
33758, and Loomis Graphics, Inc., d/b/a Pinellas Press (Press), a Florida corporation.
WHEREAS, City issued Request for Bid No. 151-98 for production and delivery
of the City of Clearwater Magazine (See Exhibit "An); and
WHEREAS, City selected Press according to Press' response to Request for
Bid No. 151-98; and
WHEREAS, Press failed to deliver Volume 2, No. 1 of the City of Clearwater
Magazine in a timely manner under the specifications of Bid No. 151-98.
WHEREAS, Press did not meet the quality expectations of City of Clearwater's
Public Communications and Marketing Department.
WHEREAS, City agrees to have Press produce and deliver Volume 2, No.2 of
the City of Clearwater Magazine under the terms of this Contract with the option for two
more issues at the sole discretion of City.
NOW THEREFORE, the City and Press do hereby incorporate all terms and
conditions of Exhibit "A" and mutually agree as follows:
1. SCOPE OF PROJECT. Press agrees to provide production and delivery
of Volume 2, No.2 of the City of Clearwater Magazine under the terms and conditions
described in Exhibit "An. Press' failure to deliver Volume 2, No.2 of the City of
Clearwater Magazine to the City's satisfaction shall render this Contract void without
any further obligation by City. City shall have the option at its sole discretion and
subject to its project manager's approval to require Press to produce and deliver
Volume 2, No. 3 and No. 4 of the City of Clearwater Magazine under the terms and
conditions of this Agreement.
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2. TIME OF PERFORMANCE. Production and delivery of 55,000 copies
of the City of Clearwater Magazine Volume 2, No. 2 not later than one month from the
date of acceptance of the final art disk from the city. Option for Volume 2, NO.3 and
NO.4 as agreed to by both parties.
3. REPORTS. Press agrees to provide to City reports on the Project upon
request by the City. City also reserves the right to press check printing in progress.
4. COMPENSATION. The City will pay Press a sum not to exceed
$28.679.00, inclusive of all reasonable and necessary direct expenses for Volume 2,
No.2. Compensation for Volume 2, NO.3 and NO.4 as agreed to by both parties. The
City may, from time to time, require changes in the scope of the project of Press to be
performed hereunder. Such changes, including any increase or decrease in the
amount of Press' compensation and changes in the terms of this Agreement which are
mutually agreed upon by and between City and Press, shall be effective when
approved by the City Project Manager.
5. METHOD OF PAYMENT. Press shall bill City for services, and City
agrees to pay after approval of the City Project Manager under the terms of the Florida
Prompt Payment Act F.S. 218.70.
6. CONTACTS FOR RESPONSIBILITY. Barbie Berra will be designated as
Project Director for this project by Press to manage and supervise the performance of
this Agreement on behalf of Press. Associated with the Project Director will be staff
members whose experience and qualifications are appropriate for this Project. The
City will be represented by Michael J. Roberto or his designee for all matters relating to
this Agreement.
7 . TERMINATION OF CONTRACT. The City at its sole discretion may
terminate this contract by giving Press five (5) days written notice of its election to do so
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and by specifying the effective date of such termination following the completion of
Volume 2, NO.2. Press shall be paid only for those items accepted and approved by
the City Project Manager. Further, if Press shall fail to fulfill any of its obligations
hereunder, this contract shall be in default, the City may terminate the contract without
any further obligation to Press.
8. NON-DISCRIMINA TIQN. There shall be no discrimination against any
employee who is employed in the work covered by this Agreement, or against
applicants for such employment, because of race, religion, color, sex, or national origin.
This provision shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate
of payor other forms of compensation; and selection for training, including
apprenticeship.
9. INTERESTS OF PARTIES. Press covenants that its officers,
employees and shareholders have no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this Agreement.
10. INDEMNIFICATION AND INSURANCE. Press agrees to protect, defend,
indemnify and hold the City and its officers, employees and agents free and harmless from
and against any and all losses, penalties, damages, settlements, costs, charges,
professional fees or other expenses or liabilities of every kind and character arising out of or
due to any negligent act or omission of Press or its employees in connection with or arising
directly or indirectly out of this Agreement and/or the performance hereof.
11. PROPRIETARY MATERIALS. Press shall transfer, assign and make
available to City or its representatives all propertY and materials in Press' possession
belonging to or paid by the City.
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12. ATTORNEYS FEES. In the event that either partY seeks to enforce this
Agreement through attorneys at law, then the parties agree that the prevailing party shall be
awarded attorney fees and costs, and that jurisdiction for such an action shall be in a court
of competent jurisdiction in Pinellas County, Florida.
13. This Agreement represents the entire Agreement between the parties and
supersedes all prior agreements or representations except as stated herein.
IN WITNESS WHEREOF, the City and Press have executed this Agreement on
the date first above written.
CITY OF CLEARWATER, FLORIDA
BY~
Countersigned:
Rita Garvey
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
Attest:
~.
ohn Carassas
Assistant City Attorney
~
ia E. Goudeau'-
Jerk
~ - . .. -
LOOMIS GRAPHICS, INC.
d/b/a Pinellas Press
By:
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s:/IegaVagreementslloomisdbapinellaspress
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Bid 151..98 Specifications
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TltlelDescriptlon:
City of Clearwater MagazlDe - 44 paae _ hig.
resolution Illagwe with an 8 page 4CP <<nter foldou~ strip
glued info ttuter of magazlae.
Size:
8 Ya I 11" (finished siu page size)
Prepress:
DTP Disc supplied by file Ci1y
Paper:
20 outside pages OR 6011 &loss text, coated botll sides, Inside
24 pages on 50# oft"set. 8 page eeater foldoat on 60N gloss
text, t!oated both sides. (slu oU page fold out Is 16 ~ " x 21"
folded to" 3," 110 %".
Press Specifications:
Outside pages prIDts 4CP throughout, laslde 24 pages blad,
copy throughout.
Bindery & Finishing:
Saddltstttched and n-lnuned. Ceater toldout glued In middle
01 DlagazlDe.
Prootto be sfgacd off by City of Oearwater agent prior to prodqctlon.
DTP disc owaed by tbe CIty of Clearwater and may Rot be copied, priated or reproduced
otber (baa for this quotatioll. Disc will b. slllpped with
completed Job back to the Clty of Oearwater.
Pack" Dfstribution:
Carton patked. Local Tampll Bay delivery to be Included ill
quote
Quantity:
Appro.dmately 55,000 Magazines quarterly. F"lCst Issue to be
colUpleted and deliveced to the City or Clurwater DO later
tho Deeetober 9, 1991. Quantity mar vary. Sbollld not
exceed 55,000 .ales! authorized by C"1ty of Oearwater agent.
Over runs:
The Oty of Clearwater wW not pay tor any over-runs.
Questions shOuld be subrnltfed to: at)' of Clearwater, Barbara Metzger, (717) 462-6913
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DeHvery schedule lor each issue will be provided to successful bidder.
Thank you for particlpatloa io tile City of Cltanvater'. procurement process.
Payment terms: Net 30
EXHIBIT nAn
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TOTR.. P.02