HomeMy WebLinkAboutReso 2006-937
RESOLUTION NO. 2006- ~ 37
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH SERGIO DIMENT TO PROVIDE ADVERTISING SERVICES
TO COVER THE CITY'S 9TH ANNIVERSARY CELEBRATION AND
OTHER CITY RELATED EVENTS, IN THE AMOUNT NOT TO
EXCEED OF TWEL VE THOUSAND DOLLARS ($12,000.00),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
MA YOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Sergio Diment, a local publisher, owns and operate the Diamond Advertising
Services, which publishes a magazine named "Sunny Isles Magazine;" and
WHEREAS, this magazine is primarily tailored to serve the needs of the City of Sunny Isles
Beach residents, and in the past, Sergio Diment has provided the City with single-cover advertising
services in its magazine on a need basis; and
WHEREAS, Sergio Diment has expressed the ability to provide the City with a medium to
inform residents of available City services and upcoming events; and
WHEREAS, the City Commission wishes to enter into an agreement with Sergio Diment to
provide non-exclusive advertising services, including but not limited to the publication of four (4)
cover page City-related stories, beginning with the City's 9th Anniversary Celebration in the July
2006 edition.
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 Sergio Diment to provide non-exclusive
adve11ising services, including but not limited to the publication of articles, bulletins, and other City-
related matters, for a total amount of Twelve Thousand Dollars ($12,000.00), 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 the terms of the Resolution.
Section 4
Effective Date. This Resolution will become effective upon adoption.
Approving Agmt with Sergio Diment
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PASSED AND ADOPTED this 15th day of June, 2006.
ATTEST:
, ,
~'A~
Jane A. Hihe!s, Ci\,1C, City Clerk
. . .~.
APPROVED AS TO FORM
AND L AL SUFFICIENCY:
Moved by: COMY't'\\ ~S, DItJ<e~ Goat\YY\~
Seconded by: ~ ltV\ \ ~<;'l Ol\J<Vn.. I Co L.. <t: ~ J J'\-S
Vote: 5-0
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
V(Yes)
I/'(Yes)
~Y es)
~Yes)
~(Yes)
(No)
(No)
(No)
(No)
(No)
Approving Agmt with Sergio Dement
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CITY OF SUNNY ISLES BEACH
ADVERTISING AGREEMENT WITH SERGIO DIMENT
CONTRACT NO. 0506-60
THIS AGREEMENT, entered into this I ~day of ,-) U I\J ~ 2006, by and between
the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and SERGIO
DIMENT, owner of Diamond Advertising Services, whose address is 17021 N. Bay Road,
Sunny Isles Beach, FL 33160 (hereinafter refen'ed to as "Contractor") (collectively refen'ed to as
"P arti es").
WHEREAS, Contractor currently publishes a magazine named "Sunny Isles Magazine"
which is primarily tailored to serve the needs of the City of Sunny Isles Beach residents; and
WHEREAS, in the past, Contractor has provided the City with single-cover advertising
services in its magazine on a need basis; and
WHEREAS, Contractor has expressed the ability to provide the City with a medium to
inform residents of available City services and upcoming events; and
WHEREAS, the City wishes to enter into an agreement with Contractor to provide non-
exclusive advertising services, including but not limited to the publication of articles, bulletins,
and other City-related matters.
NOW THEREFORE, as part of the consideration for this agreement, the City and
Sergio Diment agree to the following terms:
1. Recitals. The above recitals are incorporated herein as if fully set forth.
2. Renaming of the Mal!azine. Contractor agrees to rename the Sunny Isles Magazine to
"Sunny Isles Beach Magazine." This new name shall take effect with the July 2006 edition and
Contractor shall thereafter circulate this magazine bearing only the new name, Sunny Isles Beach
Magazine.
3. Services. Contractor shall perform the following services:
a. At least one (1) cover page and featured story with related photographs in the
July 2006 edition of the Sunny Isles Beach Magazine, displaying the City's
9th Anniversary Celebration throughout a minimum of six (6) consecutive
pages, in addition to the cover page.
b. At least three (3) additional cover pages and related stories profiling City
related events with a minimum of six (6) consecutive pages, in addition to the
cover page. Contractor shall coordinate with Alyce Hanson, Director of City
Administrative Services, for the selection and approval of three (3) editions.
City may purchase additional cover pages at a mutually agreed cost.
Sergio Dirnent. SIB Magazine
City of Sunny Isles Beach
] 8070 Collins A venue, Sunny Isles Beach, Florida 33] 60
(305) 947-0606 phone (305) 949-3] 13 Fax
c. The Contractor shall distribute no less than 8,000 copIes of each edition
featuring the City.
4. Compensation. As the entire compensation under this Agreement and during the telms
of this Agreement, in whatever capacity rendered, the City shall pay Contractor Three Thousand
Dollars ($3000.00) per edition and a total amount not to exceed Twelve Thousand Dollars
($12000.00) for four editions as outlined in paragraph 3 above. Payment of said compensation
shall be made upon recei pt of proper invoice from Contractor. I f the Ci ty 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.
S. Indemnification. City shall not be liable for the literary contents of Contractor's
magazine, except for the literary work or materials that are specifically contributed by the City or
its agents. Contractor shall indemnify the City from all claims due to the negligence of
Contractor's employees, principals, and agents, the City agrees to indemnity Contractor for any
claim arising out of pages of unedited materials submitted by the City.
6. 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, Contractor shall have the right to make
minor revisions, if necessary, to correct typographical errors.
7. 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.
8. 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.
9. Term. This is a month-to-month agreement. If the agreement is terminated, City shall
pay Contractor for services rendered. However, in the event of a dispute, City shall have the
right to withhold payment until resolution of the dispute.
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.
C0506.60 Sergio Dilllent, SIB Magazine
2
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33 160
(305) 947-0606 phone (305) 949-3 I] 3 Fax
11. Attornevs' Fees. If any action is filed in relation to this Agreement, the unsuccessful
party in the action shall pay to the successful party, in addition to all sums that either party may
be called upon to pay, a reasonable sum for the successful party's attorney's fees and costs.
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 par1y 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
same or similar services.
16. Use of City Seal or Name. Contractor shall not use the name or official seal of the City
in any promotional material without the prior written consent of the City.
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: A. John Szerlag Hans Ottinot
City Manager City Attorney
City of Sunny Isles Beach City of Sunny Isles Beach
] 8070 Collins A venue 18070 Collins A venue
Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160.
Ph: 305-792-1701 Ph: 305-792-1702
C0506-60 Sergio Dilllent. SIB Magazine
3
-
-
City of SunllY Isles Beach
] 8070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
I f to the Contractor: Sergio Diment
17021 N. Bay Road
Sunny Isles Beach, FL 33160
Ph: 305-949-5693
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicated on
the day and year written above.
WITNESS:
SERGIO DIMENT
~
By:
Sergio-Dimel{t,E 'ecutive Editor
~~~
M<;Q..: tlR. W~..print name)
ATTEST:
CITY OF SUNNY ISLES BEACH
(
, "
By~~..A~
, 'Jane A. Hines, 'CMC, City Clerk
, I
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APPROVED AS TO FORM AND
LEGAL, FFI I NCY
City of SunllY Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 (phone)
(305) 949-3113 (fax)
C0506-60 Sergio Dil11cllt. SIB Magazine 4
City Commission
Norman S. Edelcup
Mayor
Roslyn Brezin
Vice Mayor
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
Lewis J Thaler
Commissioner
A. John Szerlag
City Manager
Hans Ottinol
City Attorney
Jane A Hines
City Clerk
August 1, 2006
Sergio Diment
17021 N. Bay Road
Sunny Isles Beach, FL 33160
Re:
Advertising Services Agreement with Sergio Diment
Dear Mr. Diment:
At its regular meeting of June 15,2006, the City Commission adopted Resolution No.
2006-937, which approved an Advertising Services Agreement with Sergio Diment.
Enclosed are an executed, original agreement and a copy of the approving resolution for
your files.
Thank you.
~y truly yours,
~v DC20- uJ~
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: A. John Szerlag City Manager (w/o attachments)
Hans Ottinot, City Attorney (w/o attachments)
Alyce Hanson, Administrative Services Director
Shaun Gelvez, Contracts Administrator
Office of the City Clerk (305) 792- J 703 Phone (305) 949-3] 13 Fax
Advertising Services Agrmt W Sergio Diment Exec Agrmt Trans Ltr
City Commission
Norman S. Edelcup
Mayor
Roslyn Brezin
Vice Mayor
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
Lewis J. Thaler
Commissioner
A. John Szerlag
City Manager
Hans Ottino!
City Attorney
Jane A. Hines
City Clerk
June 22, 2006
Sergio Diment
17021 N. Bay Road
Sunny Isles Beach, FL 33160
Re:
Advertising Services Agreement with Sergio Diment
Dear Mr. Diment:
At its regular meeting of June 15,2006, the City Commission adopted Resolution No.
2006-937, which approved an Advertising Services Agreement with Sergio Diment.
Enclosed are the two (2) original agreements for execution by you and two witnesses.
Upon completion, please return both originals to my attention. We will then finalize
processing of the agreements and return an original, executed agreement and a copy of
the approving resolution to you.
Thank you.
Very truly yours,
~uJ
Priscilla Walker ~
Deputy City Clerk
Enclosures
cc; A. John Szerlag City Manager (w/o attachments)
Hans Ottinot, City Attorney (w/o attachments)
Jorge L. Vera, Assistant City Manager (w/o attachments)
Shaun Gelvez, Contracts Administrator (w/o attachments)
Office of the City Clerk (305) 792-1703 Phone (305) 949-3] ] 3 Fax
Advertising Services Agrmt Trans For Sig To Sergio Diment Ltr
TO:
Via:
From:
Date:
Subject:
City of Sunny Isles Beach Police Department
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-4440 Phone (305) 947-4680 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman. Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
(305) 947-0606 City Hall
(305) 947-2150 Building Department
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
The Honorable City Commission
A. John Szerlag, City Manager
AIyce Hanson, Director of Administrative Services (j}v
June 15,2006
Agreement with Mr. Sergio Diment
BACKGROUND
The City has in the past engaged Mr. Sergio Diment to feature the City as the cover story in the
Sunny Isles Magazine. For fiscal year 2004-2005 the City paid $3,000 for one cover story. For fiscaI
year 2005...2006 the City has paid $9,000 for 3 issues. Mr. Diment publishes six issues of the Sunny
Isles Magazine per year and distributes 8,000 copies of this magazine throughout Sunny Isles Beach,
Aventura and Bal Harbour.
RECOMMENDATION
It is recommended that the City Commission approve the attached resolution to engage Mr. Sergio
Diment to feature the City's 9th Anniversary Celebration in the July 2006 edition of the Sunny Isles
Magazine for $3,000; and that the City enter into a contractual agreement with Mr. Sergio Diment to
feature the City in a cover story for three (3) editions in fiscal year 2006-2007 at a cost of $3,000 per
issue or a total of $9,000 per year.
It is also recommended that the name of the magazine be changed from 'Sunny IsIes Magazine' to
'Sunny Isles Beach Magazine,' and that copy of City information be presented in both the Spanish
and EngIish languages.
Funding is available in the Administrative Services Department budget.
Attachments: 1
April-May 06
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