HomeMy WebLinkAboutReso 2008-1337
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RESOLUTION NO. 2008- J 331
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A PUBLISHING
AGREEMENT WITH STERN/BLOOM MEDIA TO PRODUCE TWO
(2) EDITIONS OF THE SUNNY ISLES BEACH CITY GUIDE, IN AN
AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND
DOLLARS ($25,000.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUA TE THE TERMS OF THE
AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach is desirous of printing a guide for residents and
tourists of City services and upcoming events; and
WHEREAS, the Sunny Isles Beach 2009 City Guide is primarily tailored to serve the needs
of the City of Sunny Isles Beach residents and tourists; and
WHEREAS, Stern/Bloom Media has expressed the ability to provide the City with a
medium to inform residents and tourists of available City services and upcoming events; and
WHEREAS, the City wishes to enter into an agreement with Stern/Bloom Media to provide
non-exclusive advertising services, including but not limited to the publication of articles, bulletins,
and other City-related matters; and
WHEREAS, the City Commission wishes to enter into an agreement with Stern/Bloom
Media to publish the City Guide in March 2009 and in September 2009, in an amount of Twelve
Thousand Five Hundred Dollars ($12,500.00) per issue for a total amount not to exceed Twenty-Five
Thousand Dollars ($25,000.00).
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 Stern/Bloom Media to provide non-
exclusive advertising services, including but not limited to the publication of articles, bulletins, and
other City-related matters, for a total amount of Twenty-Five Thousand Dollars ($25,000.00),
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.
R2008- Stem-Bloom Media Agml Sib 2009 City Guide
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PASSED AND ADOPTED this 16th day of October 2008.
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ATTEST:
d. 'A-~
Jane A. Hines, CMC, City Clerk
Seconded by:
VI Co lY\4Q::r\:l~
CoYV\~o~ ~~2..ltJ
Moved by:
Vote: Y-b~\
Mayor Edelcup 0'Yes)
Vice Mayor Thaler V(Yes)
Commissioner Brezin ~Y es)
Commissioner Goodman _(Yes)
Commissioner Scholl ~(Y es)
_(No)
_(No)
_(No)
_(No)
_(No)
R2008- Stern-Bloom Media Agmt Sib 2009 City Guide
Page 2 of2
CITY OF SUNNY ISLES BEACH
ADVERTISING AGREEMENT WITH
STERN BLOOM MEDIA
CONTRACT NO. C0809-002
l~ ' /
THIS AGREEMENT, entered into this 10 ':day of OC/Ubt'r( 2008, by and
between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and
STERN BLOOM MEDIA, a Florida Corporation hereinafter referred to as
"Contractor") whose Federall.D. # is 65-- O~ 1 H 96
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 tailored to the needs of the residents of the
City, including the publication of two (2) issues with related articles and bulletins
concerning the City; and
WHEREAS, the Contractor's scope of services will include editorial content,
graphic design, marketing efforts, advertising sales, pre-production and production, as
more fully set forth in the attached Exhibit "A", attached hereto and made a part hereof;
and
WHEREAS, the City desires to enter into an Agreement with Contractor to
provide the Services in a total amount not to exceed Twenty-Five Thousand Dollars
($25,000.00).
NOW THEREFORE, as part of the consideration for this agreement, the City
and Contractor agree to the following terms.
I. Recitals. The above recitals are incorporated herein as if fully set forth.
2. Services. The Contractor shall perform the publication services as more
particularly described in Attachment Exhibit "A", with publication dates of March 2009
and September 2009.
3. Compensation. As the entire compensation under this Agreement and during the
terms of this Agreement, in whatever capacity rendered, the City shall pay Contractor an
amount not to exceed Twenty-Five Thousand Dollars ($25,000.00) dollars for the
performance of the stated Services. Payment of said compensation shall be made upon
receipt of proper invoice 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.
C0809-002 Stern Bloom Media Agreement for City Guide
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4. 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.
5. Indemnification. Contractor agrees to indemnify, defend and hold harmless the
City including its officials, agents and/or employees from and against any and all claims
arising from injury or death to persons or damage to property resulting in whole or in part
from the acts, errors, omissions, or negligent acts of Contractor and/or its employees,
principals or agents, including any advertisements or materials which readers can acquire
through the advertisements in the publication issues. This indemnity clause shall survive
termination of this Agreement.
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, 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 Agreement is for two (2) issues. The term of this Agreement will
commence on the effecti ve date of this agreement and shall end on the publication date of
the last issue.
10. Termination.
A. If, 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.
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C0809-002 Stern Bloom Media Agreement for City Guide
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(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
given written notice which shall become effective ten (10) days following receipt by
Contractor. The terms of Paragraphs 10 A(i) and (ii) above shall be applicable hereunder.
C. Termination for Insolvencv. 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.
11. Governine 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.
12. Arbitration. It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy shall be settled by
arbitration in accordance with the procedures, rules and regulations of the American
Arbitration Association. The decision rendered by the Arbitrator shall be final and
binding upon the parties and judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade
County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall
be paid by the non-prevailing party or, if neither party prevails on the whole, each party
shall be responsible for a portion of the costs of arbitration and their respective attorneys'
fees as may be determined by the court on confirmation.
13. 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.
14. Entire Aereement. 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 party except to the extent incorporated
in this Agreement.
15. 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.
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C0809-002 Stern Bloom Media Agreement for City Guide
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16. 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.
17. 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.
18. Public Records. All documents produced by or on behalf of the City in
connection with this Agreement are subject to Florida's Public Records Law. Such
documents shall be made available to the City upon its request
19. 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
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida
33160
Ph: 305-792-1701
With a copy to:
Hans Ottinot
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida
33160.
Ph: 305-792-1702
If to the Contractor: David Bloom
Associate Publisher
425 NW 10th Terrace
Hallandale Beach, FL 33009
Ph: 305-932-2400
Cell: 786-395-6263
20. Conflicting Provisions: The terms and conditions in this Agreement supersede
any other conflicting provisions that are contained in any other document, including but
not limited to any attachments hereto.
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C0809-002 Stem Bloom Media Agreement for City Guide
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate on the day and year first written above.
WI~
~'--1. ((' O\QJ t-1
Print Name
STE~
BY"
David Bloom, Associate Publisher
WITNESSES:
Print Name
B~ Ii-~
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL Sw IENCY
ATTEST:
C0809-002 Stem Bloom Media Agreement for City Guide
5
To:
Via:
From:
Date:
Re:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler" Vice Mayor
Roslyn Brezin Commissioner
Gerry Goodman Commissioner
George "Bud" Scholl, Commissioner
(305) 947-0606 City Hall
(305) 792-1 565 Fax
(305) 947-2150 Building Department
A. John Szerlag, City Manager
Hans Ottinot, City Allorney
Jane A. Hines, City Clerk
MEMORANDUM
Honorable Mayor and City Commission
A. John Szerlag, City Manager
Doug Haag, Assistant City Manager, Finance Division
Alyce Hanson, Administrative Services Director
October 16, 2008
Resolution Approving an Agreement for Two Editions of the SIB City Guide
RECOMMENDATION:
It is recommended that the City Commission adopt the attached Resolution approving an
agreement with Stern/Bloom Media to produce for FY 08/09 two issues of the Sunny Isles Beach
edition of the City Guide.
BACKGROUND:
The City Commission wishes to continue branding Sunny Isles Beach, 'florida's riviera,' as an
upscale community and present information geared towards the audience in the City.
With much success, the 1 st ever Sunny Isles Beach City Guide was published in March 2008 and
25,000 copies distributed throughout the City, including hotels, residences and businesses. It is
feasible to expand the number of city guides from one to two per year and offset the $25,000 cost
by reallocating expenditures as follows:
T e of Cost
Printing
n
n
Publication
Cultural & Human Services Catalogue of
Pro rams and Events 2 issues $4,500 ea.)
SIB Ma azine (2 issues $3,000 ea.)
Histor Hall Brochure
Hurricane Brochure
SIB information Brochure
Yearl Cost
$9,000
6,000
3,500
3,500
3,000
$25,000.00
*TOT AL
Information that has previously been printed in the separate brochures (as listed above) will now
be included in the city guides. Funding is provided for in the Adopted Budget FY 08/09 through
the Administrative Services Department Account No.1 0-519-5314.
Funding available:
Approval:
UL6-
IO-(~-O~
Agenda Item No.:
finance Department
Commission Meeting Date:
City Commission
Norman S, Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
George "Bud" Scholl
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
December 18, 2008
David Bloom
Associate Publisher
Stem Bloom Media
425 NW 10th Terrace
Hallandale Beach, FL 33009
Re: Sunny Isles Beach City Guide Publication Agreement
Dear Mr. Bloom:
At its regular meeting of October 16, 2008, the City Commission adopted
Resolution No. 2008-1337, which approved an Advertising Agreement with
Stem Bloom Media. Enclosed are a fully-executed agreement and a copy of the
approving legislation for your files.
Thank you.
Very truly yours,
~?0Li'_Ce, lL~L-
Priscilla Walker, CMC
Deputy City Clerk/Office Manager
Enclosures
Stem-Hloom City C;uiJe Publication :\greement Trans J.tr