HomeMy WebLinkAboutReso 2012-1887
RESOLUTION NO. 2012 - Jets1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE
ALLOCATION OF FUNDING TO CONTINUE THE AGREEMENT
WITH DEVELOPMENT COUNSELLORS INTERNATIONAL (DCI)
FOR PUBLIC RELATIONS S.:RVICES, ATTACHED HERETO AS
EXHIBIT "A", IN AN AMOUNT NOT TO EXCEEDFORTY-TWO
THOUSAND EIGHT HUNDRED DOLLARS, ($42,800.00);
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach Commission was desirous of continuing its
marketing and promoting Sunny Isles Beach domestically and internationally; and
WHEREAS, the City issued and advertised Requcst for Proposals (RFP) No. 11-02-02, for
Public Relations Services, for which two (2) responses were received; and
WHEREAS, on April 21. 2011 via Resolution No. 2011-1700 the City Commission
approved an Agreemcnt with Development Counsellors International (DCI) for a two-year term to
promote the City as a prcmier destination to the tourism industry both domestically and
internationally; and
WHEREAS, the City being satisfied with DCI with the first year of service, and DCI has
expressed its ability and desire to provide these services for another year; and
WHEREAS, the City wishes to allocate funding to continue the second year of the
Agreement with Development Counsellors International (DCI) to provide public relations services,
in an amount not to exceed Forty-Two Thousand Eight Hundred Dollars ($42,800.00), attached
hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Apllroval to Allocatc Funding and Continue Agreement. The City Commission
hereby approves allocating funds to continue the second year of the Agreement with Development
Counsellors Intcrnational (DCI) for Public Relations Services, in an amount not to exceed Forty-
Two Thousand Eight Hundred Dollars ($42,800.00), attached hereto as Exhibit "A".
Section 2. Authorization of Citv Manager. The City Manager is hereby authorized to do all
things necessary to cffcctuate this Resolution.
R2012- Del Public RelfltiOllS Srvs Renew Agmf
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Section 3.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 19th day of April 2012.
ATTEST:
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Jane A. Hines, CMC, City Clcrk
Vote: 6.-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aclion
Commissioner Gatto
Commissioner Scholl
V(Ycs)
~(Yes)
t..-1Y es)
~Yes)
~Yes)
R20 12. DCI Public Relatiolls Srvs Rene\\' Agrnt
Moved by: 6>~ A<r untJ
Seconded by: fJ>w.I\I'I';....~ ~()
_(No)
(No)
(No)
(No)
(No)
Pnge 2 01'2
CITY OF SUNNY ISLES BEACH AND
DEVELOPMENT COUNSELLORS INTERNATIONAL
AGREEMENT CONTRACT NO. CI011-041
THIS AGREEMENT, entered into this '2-\ ~ day of A-? ~\ v 2011, by and
betwecn the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and
DEVELOPMENT COUNSELLORS INTERNATIONAL, a company authorized to do
business in the State of Florida (hereinafter referred to as "Consultant"), whose Federal I.D. # is
RECITALS
WHEREAS, the City is in need of a consultant to provide public relations serviccs for
the City of Sunny Isles Beach ("Serviccs"); and
WHEREAS, Consultant has expressed the ability and desire to provide these Services
subject to the terms and conditions contained in RFP No. 11-02-02, which is expressly
incorporated herein by reference and made a part hereof; and
WHEREAS, the City wishes to employ Consultant to provide public relations pursuant
to the specifications outlined in RFP No. 11-02-02 ("Services"); and
WHEREAS, Consultant was selected by the City as the lowest responsible, responsive
bidder in response to RFP No. 11-02-02; and
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services in a total amount not to exceed Forty Two Thousand Eight Hundred Dollars
($42,800.00) for each year during the initial two ycar term of this Agreement.
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
names, the parties agree as follows:
TERMS
I. RECITALS: The recitals set forth above are hereby incorporated into this Agreement
and made a part hereof.
2. SERVICES: The Consultant agrees to perform those services described in RFP No. 11-
02-02, and Consultant's response thereto, which are both expressly incorporated herein by
reference and made a part hereof. All obligations and Services undertaken pursuant to this
Agreement shall be performed diligcntly and completely in accordance with professional
standards of conduct and performancc. All work shall be performed to the satisfaction of the
City and within the times specified by the City.
3. COMPENSATION. Consultant agrees to provide the services in an amount not to
exceed Forty Two Thousand Eight Hundred Dollars ($42,800.00) each year for the initial two
year contract tenn. Such payments shall be the total compensation for all work performed under
this Agreement, including but not limited to all labor, materials and supplies, incidental
expenses, subcontractor's professional fces and subcontractor's expenses, reimbursable
ClOt 1-041 DCI Public Relations Agreement
Exhibit "A"
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expenses, and equipment expenses. Prior to completion of each exercised contract term,
including the optional renewal terms, the City may consider an adjustment to price based on
changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W):
Miami - Fort Lauderdale, FL.
Consultant shall submit invoices on a monthly basis within ten (10) days following the end of
each calendar month. City shall pay Consultant only for Services actually performed. The
Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expcnse or cost is incurred by
Consultant with the prior written approval of the City. If thc City disputes any charges on the
invoices, it may make payment of the uneontested amounts and withhold payment on the
contested amounts until thcy are resolved by agreement with Consultant.
4. TERM: Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall commence upon the date the Agrcement is
signed by both parties and shall end two (2) years thereafter, with three (3) optional one (I) year
renewal terms, unless terminated earlier by the City during the initial term or any optional
renewal term.
5. TERMINATION:
A. Termination for Cause. If, through any cause within the reasonable control the
'Consultant 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 Consultant of its violation of the particular terms
of the agreement and grant Consultant ten (10) days to cure such default. If the default
remains uncured after ten (10) days the City may terminatc this agreement.
(i). In the event of termination, all finished and unfinished documents, data
and other work product prepared by Consultant (and sub consultant(s)) shall be delivered
to the City and the City shall compensate the Consultant for all serviees satisfactorily
performed prior to the date of termination, as provided in Paragraph 3 herein.
(ii). Notwithstanding the foregoing, the Consultant shall not be relieved of
liability to the City for damages sustained by it by virtue of a breaeh of the agreement by
Consultant and the City may reasonably withhold payments to Consultant for the
purposes of set-off until such time as the cxact amount of damages due the City from the
Consultant is detennined.
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 Consultant. The terms of
Paragraph A(i) and (ii) above shall be applicable hereunder.
C1011-041 DCI Public Relations Agreement
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C. Termination for Insolvencv. The City also reserves the right to terminate the
remaining services to be performed in the event the Consultant is placed either in voluntary or
involuntary bankruptcy or makcs any assignmcnt for the benefit of creditors.
6. RIGHTS IN DATA AND PUBLICATIONS: Unless otherwise provided by a written
amendment to this Agreement, data which originates from work from this Agrecment shall be
"works for hire" as defined by the U.S. Copyright Act of 1976, as amended, and shall be owned
by the City. Pursuant to U.S.c. S 201, the City will be deemed the author of the data and will
own all copyrights in the data. "Data" shall mcan all work product to be provided by the
Consultant under this Agreement and shall include, but not be limited to, draft and final reports,
documents, pamphlets, advertisements, books, magazines, survcys studies, computer programs,
films, tapes and/or sound reproductions. Consultant shall obtain the City's written approval prior
to the publication of any results of studics and/or services performed or to be performed for any
purpose other than for City use. Consultant shall be solely responsible for obtaining releases for
the performance, display, recreation, or usc of copyrighted materials.
7. CONTRACT ADMINISTRATION AND MANAGEMENT:
A. Susan Simpson, Cultural and Human Services Director for thc City shall have
primary responsibility for administering and approving serviccs to be performed by the
Consultant, and shall coordinate all communications between the Consultant and the City.
B. Consultant shall furnish the City with monthly reports pertaining to the work and
Services undertaken pursuant to this Agreement. Consultant will make available to the City all
work related accounts, records and documents for inspection, auditing, or cvaluation during
normal business hours in order to assess performance, compliance and/or quality assurance under
this Agreement.
C. Consultant shall comply with all applicable federal, state and local laws,
ordinances, rules and regulations.
D. Consultant shall not assign, subcontract, delegate, or transfer any obligation,
interest or claim to or under this Agreement or for any of the compensation due hereunder
without the prior written consent of the City.
8. OWNERSHIP OF DOCUMENTS: Thc parties agree that all documentation and work
product produced pursuant to this Agrcement shall bccome the exclusive property of the City and
shall be provided to the City upon request.
9. INDEPENDENT CONSULTANT RELATIONSHIP:
A. It is understood and agreed that nothing contained in this Agreement shall bc
deemed to create a partnership, joint vcnture, other association, or an employer/employee
relationship between the Consultant and the City.
Ctoll-041 DCI Public Relations Agreement
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B. Consultant is and shall be at all times during the term of this Agreement an
independent contractor, and not an employee of the City.
C. Consultant acknowledgcs that it is responsible for thc payment of all charges and
taxes applicable to the Services pcrformed under this Agreement and the Consultant agrees to
comply with all applicable laws regarding the reporting of income, maintenance of insurance and
records, and all other requircments and obligations imposed as a result of the Consultant's status
as an independent contractor.
D. Consultant shall provide at its sole expenses all materials, office space, and other
necessities to perform its duties under this Agrecment, unless otherwise specified in writing.
E. This Agreement shall be for the sole benefit of the parties hereto, and nothing
contained herein shall create a contractual rclationship with, or create a cause of action in favor
of, a third party against either party hereto.
10. COMPLIANCE WITH LAW: Consultant shall comply with all laws, regulations and
ordinances of any federal, state, or local governmcntal authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material
permits, licenses, approvals and consents ncccssary for the lawful conduct of the activities
contemplated under this Agreement.
Specifically, Consultant shall comply with all applicable conflict of interest prOVISIOns as
provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles
Beach (Section 62- 1 6 entitled "Ethics in Public Contracting"). As provided in Section 62- 1 6,
Code of the City of Sunny Isles Beach, the City Commission may tenninate this Contract for
violation of the above-referenced ethical standards.
11. INDEMNIFICATION AND WAIVER OF LIABILITY:
A. The Consultant agrees, to the fullest extent permitted by law, to defend,
indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and
employees from and against claims, damages, losses and expenses (including but not limited to
attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or
resulting from any acts, elTors, mistakes or omissions of Consultant, or any of its officers,
employees, servants, agents or subcontractors, in the performancc of Consultant's obligations
under this Agreement.
B. The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in conncction with any
claim, damage, loss or cxpense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible propelty including loss of use resulting
therefrom, caused by any acts, errors, mistakes or omissions related to Consultant's
performance of its obligations under this Agreement including those of its officers, employees,
servants, agents or subcontractors, or any other person for whose acts, errors, mistakes or
omissions the Consultant may be legally liable.
CIOI t.04t DCI Public Relations Agreement
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C. The parties agree that ONE HUNDRED DOLLARS ($100.00) represents specific
consideration to the Consultant for the indemnification provisions set forth in this Agreement.
The Consultant hereby acknowledges receipt of ONE HUNDRED DOLLARS ($100.00) and
other good and valuable consideration from the City in exchange for giving the City the
indemnification provided herein.
D. These indemnification provisions shall survive the termination of this Agreement.
12. NON-DISCRIMINATION: Consultant agrees to takc all steps necessary to comply
with all federal, state, and City laws and policies regarding non-discrimination and cqual
employment opportunities.
13. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit
of the City and to any and all of its successors and assigns, whether by mergcr, consolidation,
transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this
Agreement is personal to the Consultant and it may not, either directly or indirectly, assign its
rights or delegate its obligations to City hereunder without first obtaining the City's consent in
writing. Any such attemptcd assignment or delegation shall be deemed of no legal force and
effect whatsoever.
14. NOTICES: All notices and other communications required or permittcd 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 prcpaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addrcssed to such party as follows:
If to the City: Jorge Vera With a copy to:
Acting City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins A venue City of Sunny Isles Beach
Fourth Floor 18070 Collins A venue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-170 I Sunny Isles Beach, Florida
33160
Tel: (305) 792-1702
If to the Consultant: Andrew Levine, President
Development Counsellors International
215 Park A venue South lOth Floor
New York, NY 10003
Tel: (212) 725-0707
15. GOVERNING LAW: The validity of this Agreement and thc interpretation and
performance of all of its terms shall be construed and enforced in accordance with the laws of the
State of Florida, without regard to principles of conflict of laws thereof. The location of any
C1011-041 DCI Public Relations Agrccmeut
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legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-
Dade County, Florida.
16. ARBITRATION: It is the intention ofthc 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 rendcred by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall bc 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.
17. CONFLICTING PROVISIONS: The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other documcnt.
18. MISCELLANEOUS:
A. In the event any prOV1SlOn of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreemcnt
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had becn severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporancous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and
signed by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
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CIOII-04t DCI Public Relations Agreement
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first written above.
WITNESSES:
DEVELOPMENT COUNSELLORS
INTERNATIONAL ("Del")
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WITNESSES:
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Jane A. Hines, CMC, City Clerk
ClOt 1.041 DCI Public Relations Agreement
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TO:
FROM:
DATE:
RE:
Page I 01'2
City of Sunny Isles Beach
18070 Collins Avcnnc
Sunny Islcs Bcach, Florida 33160
(305) 947-0606 City 11.11
(305) 949-3113 F.x
MEMORANDUM
The Honorable Mayor and City Commission
Susan Simpson, Cultural and Human Services Director
4/19/20 12
Agreement with Development Counsellors International (DCI) for Public
Relations Services
RECOMMENDATION:
It is recommended that the City Commission approve the attached resolution to allocate
funding in the amount not to exceed $42,800 (Forty Two Thousand, Eight Hundred
Dollars) to continue the agreement with Dcvelopment Counsellors International (DCI)
for Public Relations Services.
REASONS:
In April 201 1, the City entered into a two year agreement with DCI for Public Relations
Services to promote the City as a premier destination to the tourism industry both
domestically and internationally. The City was more than satisfied with the first year of
service provided by DCI with 7 on-site national and international press tours and 8 media
visits as well as several media placements in video, print and online.
At this time City staff recommends that the Commission allocate the funds to continue
the second year of this agreement.
ADDITIONAL INFORMATION:
DCI works c10sesly with Sunny Isles Beach hotels and the Sunny Isles Beach Tourism
and Marketing Council to pitch only stories that align with the upscale and sophisticated
image that is synonomous with florida's riviera.
FUNDING SOURCE:
Agenda Item lOA.
http://sibagenda.sibfl.net/agenda/Preview.aspx'?ltemID=765&MeetingID' Date _~
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Page 2 of2
Funding for this item is budgeted for and availablc in General Fund Account number
10.572.5578.
ATTACHMENTS:
.
Resolution
http://sibagenda.sibfl.net/agenda/Preview.aspx?lteml D=7 65&MeetinglD=0&MeetingDate... 4/12/2012