2014-28639 Reso RESOLUTION NO., 2014-28639
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH SETH H. BRAMSON (AUTHOR) IN AN
AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS
($25,000) (COMPENSATION), FROM WHICH COMPENSATION AUTHOR
WILL DONATE THE TOTAL SUM OF SEVEN THOUSAND DOLLARS
($7,000) BACK TO THE CITY (DONATION), TO AUTHOR A BOOK IN
HONOR OF THE CITY'S CENTENNIAL ANNIVERSARY, WRITE A
MONTHLY CENTENNIAL MONOGRAPH, AND ASSIST IN THE CREATION
OF HISTORICAL EXHIBITIONS; AND FURTHER AUTHORIZING THE CITY
MANAGER TO DESIGNATE SETH H. BRAMSON AS THE CITY'S
CENTENNIAL HISTORIAN, AT NO ADDITIONAL COST TO THE CITY.
WHEREAS, the City of Miami Beach Centennial will occur on March 26, 2015; and
WHEREAS, the City has identified the need to work with a professional historian to
implement programs that raise awareness of the City's history to ensure that the Centennial
reaches a vast and broad audience; and
WHEREAS, Historian Seth H. Bramson has lived in the Miami area since 1946 and is
nationally known as the foremost authority on the history of transportation to, from, and within
Florida and his collection of Miami memorabilia and Floridiana is the largest such collection in
private hands in America; and
WHEREAS, he is Company Historian of the Florida East Coast Railway and the author
of Speedway to Sunshine, the history of that famous line, as well as 16 other books, all relating
to South Florida local and Florida transportation history, as well as Sunshine, Stone Crabs and
Cheesecake: The Story of Miami Beach and Images of America - Miami Beach, among
numerous other books; and
WHEREAS, and he is a faculty member at both Barry University in Miami Shores and
Florida International University in Miami, where he teaches all of the University's Florida and
South Florida history courses, as well as the history of American railroads; and
WHEREAS, Mr. Bramson has agreed to write a book which will capture the City's history
and provide a medium to inform residents and the general public about the City's rich and
distinctive culture and to express the uniqueness of the City as it approaches its Centennial
year; and
WHEREAS, Mr. Bramson will make available his collection of historical and
contemporary photographic images and artifacts relating to the City of Miami Beach and he will
also assist in preparing exhibits featuring Miami Beach's history that can be circulated
throughout our community and displayed at various events and public facilities; and
WHEREAS, the City has negotiated compensation to Mr. Bramson in the amount of
Twenty-Five Thousand Dollars ($25,000) and Mr. Bramson will donate Seven Thousand Dollars
($7,000) back to the City for the Police Department, the Fire Department, Parks and Recreation
Department and/or for any other use at the discretion of the'City Manager; and
WHEREAS, Mr. Bramson has agreed to serve as the City's Centennial Historian
and lecture throughout the Centennial year to raise awareness of local history at no additional
cost to the City; and
WHEREAS, the Administration recommends adopting a resolution authorizing the City
Manager to enter into an agreement with Seth H. Bramson in an amount not to exceed Twenty-
Five Thousand Dollars ($25,000) to author a book in honor of the City's.Centennial Anniversary,
write a monthly centennial monograph, assist in the creation of historical exhibitions; and further
designating Seth H. Bramson as the City's Centennial Historian.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the City
Manager to enter into an agreement with Seth H. Bramson (Author), in an amount not to exceed
Twenty-Five Thousand Dollars ($25,000) (Compensation), from which Compensation Author will
donate Seven Thousand Dollars ($7,00.0) back to the City (Donation), to author a book in honor
of the City's Centennial Anniversary, write a monthly centennial monograph, and assist in the
creation of historical exhibitions; and further authorize the City Manager to designate Seth H.
Branson as the City's Centennial Historian, at no additional cost to the .City.
PASSED and ADOPTED this 11th day of-June, 2014.
ATTEST:
i%
VINE
YOR
f
RIAFAEL GRANADO
CITY CLERK
T:\AGENDA\2014\June\TCED\Reso Approving Agreement wtih Seth Bramson RESO.doc
APPROVED AS TO
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EXECUTION
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The City-Manager To Enter Into An Agreement With Seth H. Bramson In An
Amount Not To Exceed Twenty-Five Thousand Dollars($25,000)To Author Book In Honor Of The City's
Centennial Anniversary, Write A Monthly Centennial Monograph, Assist In The Creation Of Historical
Exhibitions; And Further Designating Seth H. Bramson As The City's Centennial Historian.
Key Intended Outcome Supported:
Maximize Miami Beach as a Brand Destination
Supporting Data (Surveys, Environmental Scan,etc.): N/A
Item Summa /Recommendation:
The City's Centennial will occur on March 26,2015. The City Administration continues planning efforts and
has been focusing on several historical initiatives. The City has identified the need to work with a
professional historian to implement programs that raise awareness of the City's history to ensure that the
Centennial reaches a vast and broad audience.
Historian Seth H. Bramson has lived in the Miami area since 1946 and is nationally known as the foremost
authority on the history of transportation to, from, and within Florida. He is Company Historian of the
Florida East Coast Railway and the author of Speedway to Sunshine, the history of that famous line, as
well as 16 other books,all relating to South Florida local and Florida transportation history. Mr. Bramson's
collection of Miami memorabilia and Floridiana is the largest such collection in private hands in America.
He is a faculty member at both Barry University in Miami Shores.and Florida International University in
Miami, where he teaches all of the University's Florida.and South Florida history courses, as well as the
history of American railroads. .He has written Sunshine, Stone Crabs and Cheesecake:The Story of Miami
Beach and Images of America-Miami Beach among numerous other credits.
Mr. Bramson will write a book which will capture the City's history and provide a medium to inform
residents and the general public about the City's rich and distinctive culture and to express the uniqueness
of the city as it approaches its Centennial year. He will make available his collection of historical and
contemporary photographic images and artifacts relating to the City'of Miami Beach. He will also assist in
preparing exhibits featuring Miami.Beach's history that can be circulated throughout our community and
displayed at various events and public facilities.
He has also agreed to serve as the City's Centennial Historian and lecture throughout the Centennial year
to raise awareness of local history. This information can all be made available to local schools to provide
students with an opportunity to receive'hands-on educational experience while learning about local history.
Finally, a component of Mr. Bramson's work could help populate the City's website with the City's rich
history.
The City has negotiated compensation to Mr. Bramson in the amount of Twenty-Five Thousand Dollars
($25,000). As part of this agreement Mr. Bramson specifically requests that Seven Thousand Dollars
($7,000) be donated back to the City, for the..Police. Department, the Fire Department, Parks and
Recreation Department and/or forany other use at the discretion of the City Manager.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 $25,000 Resort Tax Contingency—FY 2013/14.
OBPI Total $25,000
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Max Sklar, Tourism, Culture and Economic Development Director
Sign-Offs:
Department Director Assists C& Manager City Manager
c v' -/,' l�Q X S�C.�ir i
T:\AGLNDA\20WJune\TCED\Reso Approving Ag rnent wti eth Bramson SUMM.doc
AGENDA ITEM R1 0
MIAMIB.EACH
SATE G I
/\AIAAAI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members the City C mission
FROM: Jimmy L. Morales, City Manager
DATE: June 11, 2014
SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,-FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH SETH H. BRAMSON (AUTHOR)IN AN AMOUNT
NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000)
(COMPENSATION), FROM WHICH COMPENSATION AUTHOR WILL DONATE
THE TOTAL SUM OF SEVEN THOUSAND DOLLARS ($7,000) BACK TO THE
CITY (DONATION), TO AUTHOR A BOOK IN HONOR OF THE CITY'S
CENTENNIAL ANNIVERSARY, WRITE A MONTHLY CENTENNIAL
MONOGRAPH, AND ASSIST IN THE CREATION OF HISTORICAL
EXHIBITIONS; AND FURTHER AUTHORIZING THE CITY MANAGER TO
DESIGNATE SETH H. BRAMSON AS THE CITY'S CENTENNIAL HISTORIAN,
AT NO ADDITIONAL COST TO THE CITY.
RECOMMENDATION
Adopt the Resolution.
FUNDING
$25,000 is available in the Resort Tax Contingency— FY 2013/14.
BACKGROUND
The City's Centennial will occur on March 26, 2015. On June 5,2013,the City Commission adopted
Resolution No. 2013-28235 accepting the recommendation of the NCAC to establish an Ad Hoc
Committee for this purpose. On-July 17, 2013, the City Commission also adopted Resolution No.
2013-28269 formally establishing the Ad-Hoc Committee. The Ad Hoc Committee will be composed
of seven (7) members who are direct appointments by the Mayor and City Commissioners with
terms of membership to begin on July 31, 2013 and expiring on May 31, 2015 (subject to earlier or
later sunset by the City Commission).
The Ad-Hoc Committee now meets regularly and is working to finalize recommendations for the City
Commission's consideration. However, the City Administration continues planning efforts and has
been focusing on several historical initiatives. The City has identified the need to work with a
professional historian to implement programs that raise awareness of the City's history to ensure
that the Centennial reaches a vast and broad audience.
City Commission Meeting
Centennial Historian
June 11, 2014
Page 2 of 2
Historian Seth H. Bramson has lived in the Miami area since 1946 and is nationally known as the
foremost authority on the history of transportation to, from, and within Florida. He is Company
Historian of the Florida East Coast Railway and the author of Speedway to Sunshine,the history of
that famous line, as well as 16 other books, all relating to South Florida local and Florida
transportation history.
Mr. Bramson's collection of Miami memorabilia and Floridiana is the largest such collection in private
hands in America. He is a faculty member at both Barry University in Miami Shores and Florida
International University in Miami, where he teaches all of the University's Florida and South Florida
history courses, as well as the history of American railroads.
He has written Sunshine, Stone Crabs and Cheesecake: The Story of Miami Beach and Images of
America - Miami Beach among numerous other credits.
Mr. Bramson has agreed to write a book which will capture the City's.history and provide a medium
to inform residents and the general public about the City's rich and distinctive culture and to express
the uniqueness of the city as it approaches its Centennial year. He will make available his collection
of historical and contemporary photographic images and artifacts relating to the City of Miami
Beach. He will also assist in preparing exhibits featuring Miami Beach's history that can be
circulated throughout our community and displayed at various events and public facilities.
He has also agreed to serve as the City's Centennial Historian and lecture throughout the
Centennial year to raise awareness of local history. This information can all be made available to
local schools to provide students with an opportunity to receive hands-on educational experience
while learning about local history. Finally, a component of Mr. Bramson's work could help populate
the City's website with the City's rich history.
The City has negotiated compensation to Mr. Bramson in the amount of Twenty-Five Thousand
Dollars ($25,000). As part of this agreement Mr. Bramson specifically requests that Seven
Thousand Dollars ($7,000) be donated back to the City for the Police Department, the Fire
Department, Parks and Recreation Department and/or for any other use at the discretion of the City
Manager. The Administration recommends that the City enter into a contract with the Author, in
substantially the form of the one attached hereto as Exhibit 1".
CONCLUSION
The Administration recommends adopting a resolution authorizing the City Manager to enter into an
agreement with Seth H. Bramson (Author) in an amount not to exceed Twenty-Five Thousand
Dollars ($25,000) (Compensation), from which Compensation author will donate the total sum of
Seven Thousand Dollars($7,000) back to the City(Donation),to author a book in honor of the City's
Centennial Anniversary, write a monthly centennial monograph, assist in the creation of historical
exhibitions; and further authorizing the City Manager to designate Seth H. Bramson as the City's
Cente I Historian, at no additional cost to the City.
JLM/KG S
T:\AGENDA\2014\June\TCED\Reso Approving Agreement wtih Seth Bramson MEMO.doc
Exhibit "1"
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
SETH H. BRAMSON CONTRACT NO.
THIS AGREEMENT, is entered into this day of 2014, by and between
the CITY OF MIAMI BEACH, a Florida municipal corporation, located at 1701 Convention
Center Drive, Miami Beach, Florida 33139 (hereinafter referred to as "City") and SETH H.
BRAMSON, an individual, residing at 330 N.E. 96th Street, Miami Shores, Florida 33138
(hereinafter referred to as "Author").
WHEREAS, the City desires to retain a writer to create a book which will capture the
City's history and provide a medium to inform residents and the general public about the City's
rich and distinctive culture and to express the uniqueness of the city as it approaches its
Centennial year, and,
WHEREAS, the Author is a renowned writer of 22 previous books and close to 200
articles, and has a.collection of historical and contemporary photographic images and artifacts
relating to the City of Miami Beach and its predecessors, and,has expressed the desire and ability
to produce a book which will be titled (title to be decided upon) (hereinafter referred as the
"Book"); and
WHEREAS, the Author will work with the City administration to prepare and finalize a
publication schedule for the Publisher, in order to deliver a final draft of the Book to the City
administration and the Publisher on or before December 15, 2014, and
WHEREAS, the City will decide upon a Publisher at the earliest date possible,
NOW THEREFORE, as part of the consideration for this Agreement the City and the
Author hereby declare and agree to the following:
1. Recitals. The above recitals are incorporated herein as if fully set forth.
2. Term. The term of this Agreement is for the specific purpose of writing a Book entitled
(title to be decided upon) and shall terminate upon completion of the Book's release and
signings, unless terminated sooner in writing by the parties pursuant to paragraph 11, noting,
however that the author's services as City Historian will be carried out at no charge to the city
following the final payment to him upon delivery of the book to the city for as long as the author
remains in good health and can perform the services requested of him, including, but not limited
to, speeches and talks on Miami Beach and its history, assistance in preparation of exhibits
relating to the City's history and advice and input on matters relating to and regarding the City's
history.
3. Author's Obligations. The Author shall perform the following Services:
(a) Submit the title for the book for approval by the Mayor and City Manager; and
(b) Provide the City, for its review and comments, a copy of the final draft of the
Book, inclusive of all illustrations, prior to submittal to the publisher; and
(c) Use photographs from Author's personal collection of vintage and contemporary
photographs and images and other artifacts,as well as those submitted by the City
and other interested parties; and
(d) Provide a completed draft of the Book to the Publisher by December 15, 2014.. The
Author shall coordinate and solicit comments from the City and other interested
parties regarding the selection of the photographs to be submitted to the Publisher;
and
(e) Assist the City in preparing an inaugural press release relating to the "kick-off' of the
City's Centennial celebration; and,
(€) Assist the City in organizing public Book release(s) and signing(s) at mutually agreed
to locations. City shall coordinate the scheduling of the Book release and signing events with the
Author. The Author shall make himself available but will not be compensated for his
appearance(s) at said events held within the City or at events following the publication of the
Book.
4. City's Obligations.
(a) Coordinate with the Author the delivery of photographs to Publisher.
(b) Pay for the cost of shipping and handling of the Book to one or more locations of
the City's election.
(c) Pay for the cost of reproducing all photographs selected by the Author, the City or
other interested parties to be submitted to the Publisher.
(d) The cover stock and the type of pages to be used by the publisher in the Book will
be determined by the Mayor and City Manager.
5. Compensation.
(a) As the entire compensation (compensation) under this Agreement and during the
terms of this Agreement, in whatever capacity rendered, the City shall pay Author a
total fee of Twenty-Five Thousand Dollars ($25,000), of which Eighteen Thousand
Dollars ($18,000) will be paid to the Author in three (3) increments as follows: Six
Thousand Dollars ($6,000) as a retainer fee upon execution of the contract (Initial
Payment); Six Thousand Dollars ($6,000) upon the Author's delivery of the final
draft of the Book to the Publisher (Second Payment), and Six Thousand Dollars
($6,000) upon the delivery of the published Books to the City (Third Payment). As
part of this agreement the Author specifically requests that the balance(s) of his
compensation be considered as a donation to the City of Miami Beach, and disbursed
as follows: . From the Initial Payment, $2,333.00 is to be donated to the Police
Department and/or the Fire Department, at the discretion of the City Manager; From
the Second Payment, $2,333.00 is to be donated to the Recreation Department; From
the Third Payment, $2,334.00 is to be donated to the Office of the City Manager to be
used by him and at his discretion for the benefit of the City. (The net amount paid to
Author with each increment will be $6,000, totaling $18,000.00 net to Author) The
Author requests that, with each donation, the City provide a letter thanking him for
said donation.
(b) Payment of said compensation shall be made upon receipt of proper invoice from
the Author. 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.
6. Copyright,Patent, Trademark.
(a) Author agrees that all work performed under this Agreement shall comply with all
applicable patent, trademark and copyright laws, rules, regulations and codes.
The Author further agrees that the book will not utilize any protected patent,
trademark or copyright unless Author has obtained proper permission and all
releases and other necessary documents.
(b) If the Author uses any protected material, process or procedure, the Author shall
disclose such patent, trademark or copyright in the Book.
7. Independent Contractor. Except as expressly provided for in this Agreement, Author is
p p p YP
not authorized to act as the City's Agent hereunder and shall have no authority, expressed or
implied, to act for or bind the City hereunder, either in Author's relations with sub-Consultants,
or in any other manner whatsoever.
8. Use of City Seal. Author shall not use the name or official seal of the City in any
promotional material without the prior written consent of the City.
9. 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.
10. Indemnification. Author shall indemnify the City from all claims due to the negligence
of Author, Author's employees, principals, and/or agents, including, without limitation,
copyright, patent or trademark infringement claims.
11. Termination. Each Party shall have the right to cancel this Agreement, at any time
during the term hereof, upon thirty (30) days written notice to the other. Payment will be made
only for actual services performed, not to exceed fifty percent(50%) of the contract price.
12. 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.
13. Attorneys' Fees. If any action is filed in relation to this Agreement, including Appellate
proceedings, the unsuccessful party in the action shall pay to the successful party all sums that
either party may be called upon to pay, including the successful party's attorney's fees and costs.
14. 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.
15. 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, party except to the extent incorporated in this
Agreement.
16. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the
day and year written above.
WITNESS: SETH H.BRAMSON
By:
Seth H. Bramson,Author
(Print name)
ATTEST: CITY OF MIAMI BEACH
By: By:
Jimmy Morales, City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Raul Aguila, City Attorney