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Home My WebLink AboutReso 2007-1059 RESOLUTION NO. 2007- .JJL5.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLOIUDA, APPROVING AN AGREEMENT WITH SERGIO DIMENT TO PROVIDE ADVERTISING SERVICES TO COVER THE CITY'S 10TH ANNIVERSARY CELEBRATION AND OTHER CITY RELATED EVENTS, IN TI-IE AMOUNT NOT TO EXCEED TWELVE THOUSAND DOLLARS ($12,000,00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR 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 operates the Diamond Advertising Services, which publishes a magazine named "Smmy Isles Beach Magazine" and is primarily tailored to serve the needs of the City of Sunny Isles Beach residents; and WHEREAS, the City Commission approved an agreement via Resolution No. 2006-937 with Sergio Diment to provide non-exclusive advertising services, including but not limited to the publication offour (4) cover page City-related stories; 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 the City being satisfied with the publications; and WHEREAS, the City Commission wishes to enter into an agreement with Sergio Diment in the amount not to exceed Twelve Thousand Dollars ($12,000.00) to provide non-exclusive advertising services, including but not limited to the publication offour (4) cover page City-related stories, beginning with the City's 10th Anniversaty Celebration in the July 2007 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 advertising services, including but not limited to the publication of at1icles, bulletins, and other City- related matters, in the amount not to exceed Twelve Thousand Dollars ($12,000.00), attached hereto as Exhibit "A", be, and the same, is hereby approved. Section 2. Authoritv 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. R2007- Agmt With Sergio Dement.Doc Page 1 of2 PASSED AND ADOPTED this 15th day of March, 2007. ATTEST: ''11U1~/ ~~4~ . Jane A. Hines, CMC, City Clerk Seconded by: Co~ B~~-z,tJ CAl~:GoL~~}~ Moved by: Vote: '5- 6 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias ~Yes) !.d'Y es) i2(y es) 0Yes) --.E(y es) _(No) _(No) _(No) _(No) _(No) R2Q07- Agml With Sergio Dement.Doc Page 2 of2 Q/"."""\ ~~: ".;:;::,:::::::", CITY OF SUNNY ISLI~S BEACH ADVERTISING AGREEMENT WITH SERGIO DIMENT CONTRACT NO, C0607-032 TIllS AGREEMENT, entered into this li~ay of Mo..(o,.h 2007, 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 referred to as "Contractor") (collectively referred to as "Parties"). WHEREAS, Contractor eurrently publishes a magazine named "Sunny Isles Beach 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, Contraetor 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 serviees, 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. Services, Contractor shall publish quarterly issues of the Sunny Isles Beach Magazine and perform the following services: a, At least one (1) eaveI' page and featured story with related photographs in the Jul~ 2007 edition of the Sunny Isles Beaeh Magazine, displaying the City's 101' 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 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. c, The Contractor shall distribute no less than 8,000 copies of each edition featuring the City. C0607-032 Advertising Agreement with Sergio Dimcnt SIB - Ci(I' oj SIII/I/Y Isles Beach 18070 Collins ^ venue, Sunny Isles l3each, Florida 33 I 60 (305) 947-0606 phone (305) 949-31 13 Fax 3. COlllllcnsation. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Contractor Three Thousand Dollars ($3,000.00) per edition and a total amount not to exceed Twelve Thousand Dollars ($12,000.00) for four editions as outlined in paragraph 2 above. Payment of said compensation shall be made upon receipt of proper invoicc from Contractor. 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. 4. Availabilitv 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. 5. Indelllnification, City shall not be liable for the literary contcnts 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, bullctins, and other materials provided by the City without written consent by the City. Contractor, however, shall have the right to make minor revisions, if necessary, to correct typographical errors. 7. Relation to Partics, It is understood and agreed that nolhing 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 rclation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereundcr. 8. Assignmcnt. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, linn, corporation, or other entity without the prior, expressed, and written consent of the other party. 9. Tcnll, 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. Govcrning 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. C0607-031 Advertising Agreement with Sergio Diment 2 SIB . Ci(J' of SIIIIII)' Isles Beaell i8070 Collins Avenue, Sunny Isies Beach, Florida 33i60 (305) 947-0606 phone (305) 949-3] 13 Fax II. Attorneys' 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 pat1y 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 A!!rcemcnt. 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 pat1y 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-Exclusivc Ri!!hts, 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. Usc of City Scal 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. Owncrship of Doeumcnts and EQuinmcnt. 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. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 18. Notiecs, All notices and other communications required 01' 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 eopy 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: C0607-031 Advertising Agreement with Sergio Oiment 3 S\\) Ci(l' of SIIIII/)' Isles Belich 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 ] 3 Fax If to the City: A. John Szerlag Hans Oltinot City Manager City Attorney City of Sunny Islcs Beach City of Sunny Isles Bcach 18070 Collins A venuc 18070 Collins ^ venue Sunny Isles Beach, Florida 33160 Sunny Isles Bcach, Florida 33160. Ph: 305-792-1701 Ph: 305-792-1702 I f to the Contractor: Sergio Diment 1702 I N. Bay Road Sunny Isles Beach, FL 33160 Ph: 305-949-5693 IN WITNESS WHEREOF, the parties hercto have executed this Agreement in triplicate on the day and year written above. WITNESS: j &:M\.-oJO~~ /:;:Z ~rJ0fJU& Wti'/;V"&L / L._ v/( SERGIO DlMENT Dy ~~ Sergio Diment, E 'ecutive Editor // / ,,:IM"''''' (fEL-VI3'? (Print name) ATTEST: CITY OF SUNNY ISLES BEACH By:~~~L Jane A. Hines, CMC, City Clerk " By: ,?;'l'/flj ~ No' nan S. Edelcup, Mayor APPROVED AS TO FORM AND LEGA FIC < NCY C0607-031 Advertising Agreement with Sergio Dimcnt 4 SIB City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner A. John Szerlog City Manager Hans Ottinol City Attorney Jone A Hines City Clerk March 21, 2007 Sergio Diment 17021 North Bay Road Sunny Isles Beach, FL 33160 Re: 10th Anniversary Celebration Advertising Services Agreement Dear Mr. Diment: At its regular meeting of March 15, 2007, the Sunny Isles Beach City Commission adopted Resolution No. 2007-1059, which approved an Advertising Services Agreement with your firm for the City's 10th Anniversary celebration. Enclosed are an original, executed agreement and a copy of the approving resolution for your files. Thank you. Very truly yours, ~~L0~ Priscilla Walker, CMC, Deputy City Clerk Enclosures cc: Alyce Hanson, Administrative Services Director Anice Paul, Administrative Assistant to Finance Director Shaun S. Gelvez, Contracts Coordinator 10th Anniv Advertising Agrmt (Sergio Diment) Trans 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 Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, 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 Douglas Haag, Assistant City Manager, Finance Division Alyce Hanson, Director of Administrative Services {;).;~ March 15, 2007 Agreement with Mr. Sergio Diment, Owner of Diamond Advertising RECOMMENDATION It is recommended that the City Commission approve the attached resolution to enter into a contractual agreement with Mr. Sergio Diment for four (4) editions of the Sunny Isles Beach Magazine featuring the City in four editions as follows: 1. June-July 2007, City's 10th Year Anniversary Celebration 2. October-November 2007, Booogie by the Beach 3. December 2007-January 2008, Park Lighting Ceremony 4. March-April 2008, Egg Scramble The cover stories listed above are not exclusive, i.e. an edition may include other City information. It is also recommended that in each edition some of the City information be presented in both the Spanish and English languages. The City will pay $3,000 for each of the four (4) editions, making the total of this agreement $12,000. Before publishing Mr. Diment must submit City material to the Administrative Services Director for approval. BACKGROUND The City's current agreement with Mr. Sergio Diment will expire after the publication of one more edition of the Sunny Isles Beach Magazine. As recommended by the City Commission, Mr. Diment changed the name of his magazine from Sunny Isles Magazine to Sunny Isles Beach Magazine. Mr. Diment publishes six issues of the Sunny Isles Magazine per year and distributes 8,000 copies of this magazine throughout Sunny Isles Beach, A ventura and Bal Harbour. ADDITIONAL INFORMATION The Administrative Services Department has funding for the June-July 2007 edition in 519-10-5. Funding for the other three issues will come from the fiscal year 2007-2008 budget. Attachments: 1