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HomeMy WebLinkAboutR-79-03743 RESOLUTION NO. 7 , 7 4 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ROBERT L. SIMMONS AND DYNACOM CORPORATION FOR THE PRODUCTION OF A CITY OF MIAMI CONVENTION AND VISITORS GUIDE. ,- WHEREAS, the City of Miami is in the proces so constructing a convention and conference center,ventionand ' - a center . n and Visitors Guideis iaslsnoeetdoedprotovlo.adtueegn- arketin.g , . potential WHEREAS, the City information S Co°nfivs•etnhainetleooncfolnMtli.eamsland attractions,f.tinatned,rmos000mfep ment theWHEm on Miami • will benefit to the WHE and providing information for visitors wn . ns THE 11 over the c ccointvyenftroint° a BE IT --'"ION °F NOW, THEREFORE, No RESOLVED By THE COMMISSION CITY 0 city Manager is he cor,poratioto F MIAMI, FLORIDA: an agreementSection .rebY authorizedexecute the publicationlof t with Robert L. SimmonsiDynaascomn for con with the terms Thehe Convention and Visitors Guide, in. substantial ons and . conditions set forth 1 f°rInance 22 may n the 1979. attached agreement. day of PASSED AND ADOPTED this RAL 02' G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: ita- C ITEM NO ROBERT F. CLARK, ASSISTANT CITY ATTORNEY MAURICE A. FERRE MAURICE A. FERRE, MAYOR "DOCUNIEi.11 INDEX .43 I CITY COMMISSION MEETING OF MAY 2 2,1979 mums 40 9 - 3 7 ••••••••••••• OOOOOOOO ••••••• Ar‘ • - V:.1',4 0 F; A NI 0 IJ ;11 Mr. Joseph Grassi May 10, 1979 21t,C City Manager ! \;/ eT Agreement and Resoluti.on ' • •J Convention and Visitors Guide Lew Price, Direc or Department of To1.15ism Promotion Attached is a copy of the Agreement and Resolution authorizing the City• Manager to enter into an agreement, with Robert L. Sirnmc?ns, President of Sirncom, Inc., for the production of a City of Miami Convention and Visitors Guide. AGREEMENT FOR PUBLICATION OF CITY OF MIAMI DEPARTMENT OF TOURISM PROMOTION VISITOR AND CONVENTION GUIDE THIS AGREEMENT is entered into this day of. ,,by and between the City of Miami, hereinafter referred to as "City" and Simcom, Inc., an.Illinois Corporation ,doing business as Dynacom; hereinafter referred to as "Publisher". W I T N'E SSE T'H WHEREAS, Publisher desires to publish a Convention and Visitors Guide, hereinafterreferred to as "Guide" in the, Miami area, providing information=on accommodations, restaurants, services,. attractions, special events, and other matters of interest to visitors to Miami. WHEREAS, the City desires to aid. Publisher in the preparation. and publication of said Guide in an effort to publicize and, promote City facilities. NOW, THEREFORE, `in consideration of the mutual promises herein- after contained, the partie do agree that:, (1) Publisher at its own expense shall prepare in good and workmanlike manner, using high quality materials, a Visitors and Convention Guide, providing information on accommodations, restaurants, services, attractions and special events that would be of interest to visitors to. Miami. The Guide shall consist of an 8!" by 11", magaiine format publication, printed by the four-color process, containing advertising and editorial material in a ratio of approximately 50 per cent to 50 per cent. Any deviation from this proportion shall be in favor of editorial material. -2- (2) Paper stock will be 70# enamel white. (3) Publisher shall prepare and deliver the Guide to any location in Miami designated by the City, freight prepaid. Delivery shall. be made in September, 1979. (4) Publisher agrees to print Guide in the. Miami area. (5) The Department at its sole discretion will have total approva of all contents including layout and design and will also have the right to reject any advertisement, with or without cause. (6) Publisher agrees to publish and deliver no less than Twenty- five Thousand (25,000) copies of the Guide. Delivery of 25,000 copies shall be in September 1979. ( ) Publisher agrees to"pay the City 10 per cent of gross sales of Guide. (a) The City agrees toexert its efforts to encourage advertising sales in the Guide by preparing a letter on City letterhead, to go to a selected list agreed upon between the City and the Publisher. (9) The Publisher will prepare all editorial material for the Guide with the counsel of the City. A. Although the City will have some photographs available, Dynacom will also take photographs of the Miami area. The City may use the printed text and publications which it normally': prints. (10) The City will handle ':distribution of the Guide, in any manner it sees fit, distributing Guides at trade and travel shows, and as a c" for various directories sales tool for various travel agents and association executives. t -3- Dynacom will handle the mailing and pay the postage on 10 o0o copies>to: ''American Society of Travel Agents"Million-Dollar"Producers American. Society of Travel. Agents Tour Packagers and Whole - Balers (500), Society of American Travel Writers (600), American Society of Association Executives (2,300), National >Tour 'Brokers Association (130),'.National "'Association of Exposition Managers (500), Professional Convention Management Association (500), Congress "of Tourist Associations of America (770), agents attending domestic Discover America Travel Organization Pow -Wows (1,200). (11) Neither this Agreement nor the relations between the parties hereto constitute a partnership or a joint venture. Publisher is not an employee of the City and will not have any right to bind the, City to any agreement. Publisher is an independent contractor who has the sole right and authority to employ and discharge employees, to appoint independent contractors or agents, and with no right in the Department. to employ or discharge any employee or any agent of Publisher's em- ployees or independent contractors. Publisher shall pay, and be solely responsible for, all of its operating costs thereof shall be paid for by Department. (12) The publisherwill provide a bound -in reader response card and expenses, = and .nopart to be mailed to a reader service company which provides each advertiser with a print-out, of all inquiries received. The service is free to the advertisers and the City. (13) All tax and other returns required by city, local, state, or federal laws or regulations with respect to the business of Publisher and all payments due thereon,. and all fees or other payments due in -4- but not limited to. income. connection therewith including generally, + other tax withholdiflgs, social security* unemploymentcompensation, disability coverage, and other, taxes shall be made, filed and paid by Publisher.. (14) This Agreement shall become effectiveon the date, thereof. and shall continue in effect until terminated ashereinafter provided. This Agreement shall remain in full force and effect through December, 1980,;and shall maintain high qualityworkmanship, with the exception of a period of ten (10) days following receipt by the Cityof the first edition of the Guide during which Department or Publisher may cancel thiscontract by written notice without cause. The City shall be the sole judge of good quality workmanship. Notice, wherever provided for in and within the Agreement, shall be sufficient if given in writing and sent by registered mail or by certified mail, return receipt requested, to the parties at their respective addresses. Should Publisher be- come insolvent or bankrupt or fail to keepor fully perform any of the terms of the Agreement, the City may immediately terminate this Agree- ment by written notice sent to Publisher by mail or telegraph.. (15) This Agreement shall be binding! upon Publisher, its repre- sentatives, successors, and assigns and upon the City, its successors, and assigns. No right or interest of Publisher set, forth; herein,or arising hereunder shall be subject to voluntary or involuntary,: alienation, assignment, or transfer except as expressly provided herein. _.._. _he City hereby agrees that provided Publisher has not, breached any provision of this Agreement, so long as this Agreement -5- the City will not authorize, or any renewal thereof is in effect, support`, or otherwise assist in the sponsorship or publication of any type of informational publication like or similar to the Guide described herein,except as heretofore practiced by the City. (17) Publisher agrees to indemnify, save, and hold the City harmless from any claim or litigation, and the cost of defending same," arising under or relating to performance of this contract. (18) Any questions or matters arising `""under .this Agreement as to validity, construction, performance, or otherwise, shall be deter mined in accordance with the laws of the "State of Florida.;. (19) Any dispute arising between the parties shall be settled by arbitration in Miami before the American .Arbitration .Association .Pur- suant °to its commercial rules then obtaining. (20) Publisher agrees not to, publish similar Guide in South Florida during terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands .an seals the day and year first above written. ATTEST: CITY CLERK CITY OF MIAMI, A. Florida-; Municipal; Corporation,''' B CITY MANAGER SIMCOM, INCORPORATED By. APPROVE, AS. TO FORM & CORRECTNESS:. Robert L. Simmons, President CITY ATTORNEY SEAL i' ckl,, � 1st ; . « )J 11$e. ±`Y OFFICERS President HON. VICTOR WILDE Councilman, Hialeah First Vice President HON, ROBERT M. BRAKE Commissioner, Coral Gables Second Vice President HON. PAUL SCHOOL Commissioner, North Bay Village Third Vice President HON. ROBERT TAYLOR Councilman, Natth Miami Beach Secretary HON. ROSE GORDON Commissioner, Miami Treasurer HON. HOWARD M. NEU Councilman. North Miami BOARD OF DIRECTORS HON. HERBERT R. DAVIS Councilman. Bal Harbour HON. JOSEPH J. GARDNER Councilman, Bay Harbor Islands HON. WALTER B. PETERSON Commissioner, Biscayne Park HON. WILLIAM KERDYK Commissioner, Coral Gables HON. WILLIAM OLIVER Commissioner, Dade County HON. PHYLLIS MILLER Chairman, Dade County School Board HON. MYRA LOWRY Vice Mayor, El Portal HON. THOMAS W. KARRICK Mayor, Florida City HON. RICHARD J.POTVIN Mayor, Golden Beach HON. JOHN B. WEAVER Councilman, Hialeah VACANCY Hialeah Gardens - HON. RUTH L. CAMPBELL Councilwoman, Homestead HON. WILLIAM G. FORRESTER Councilman, Medley MON. LEONARD HABER, Ph.D. Mayor, Miami Beach HON. ELSPETH JENSEN Councilwoman, Miami Shores HON. JACK DEWHURST Councilman, Miami Springs HON. MITCHELL POTTER Commissioner North Bay Village HON. ART WILDE Councilman, North Miami HON. HARRY COHEN • Councilman, North Miaml Beach HON. C, WILLIAM HARTMAN; JR Commissioner, Opa•Locka HON. BETTY ANDREWS LANTZ • Commissioner, South Miami • HON, ELI LURIE Vice Mayor, Surtside HON. ISIDORO CUEVAS Councilman, Sweetwater HON. JAMES H. HITAFFER Mayor, Virginia Gardens HON KENNETH BRAIDMAN Councilman, West Miami PAST PRESIDENTS HON EDWARD J BURKE Mayor. Biscayne Park HON CHARLES S GLENN Councilman, Homestead HON LOUIS HAAS, M-D Assistant Mayor, Bay Harbor islands HON WILLIAM RAY HODGES Council President, Hialeah HON J L PLUMMER, JR. Vice Mayor; Miami HON. MARTIN YELEN. Councilman, West Miami 1 MM MM i MM III • Eaacutive DUactor RUSS MARCHNER Consultant JACK R. RICE, JR. The bade County League of Cities, Inc. t t 401 / EAST FIRST AVENUE, HIALEAH, FLORIDA 33010 (305) U7.6363 MEMORANDUM ' ;:� �r Dade Municipalities/County/School Board Russ'Marchner, Executive Director APPOINTMENT TO LEAGUE BOARD I'' In accordance with the By -Laws of the Dade County League of Cities, Inc., Section 2., Article V, (quoted below), you are respectfully requested to appoint your municipality's/county's/school board's representative to serve on the Dade League Board from the annual meeting of June 1979 to the annual meeting of June 1980. We also request that you appoint,an alternate from your elected officials or appointed administrative. officials to attend Board meetings should the rep- resentative be unable to do so. Please send the name of your representative and alternate (in writing) to the Dade League office by 5 p. m., Monday, April 30, 1979. "Section 2. Each member municipality shall designate one of its elected officers or appointed administrative officers to serve as a Director of the League for a period of one year commencing at the date of the annual meeting in June of each year to the annual meeting in June of the following year or until a successor is designated and qualified; and each member municipality shall notify the League on or before April 30th of each year the name and position of the person to serve as League Director for such municipality/county/school board for the year commencing at the next annual meeting of the League."