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R7O-Enter Into Agmt w- Seth H Bramson Author A Book In Honor Of Citys CentenniCOMMISSION ITEM SUMMARY Gondensed Title: A Resolution Authorizing The City Manager To Enter lnto An Agreement With Seth H. Bramson ln An Amount Not To Exceed Twenty-Five Thousand Dollars ($25,000) To AuthorA Book ln Honor Of The City's Centennial Anniversary, Write A Monthly Centennial Monograph, Assist ln The Creation Of Historical Exhibitions: And Further Seth H. Bramson As The Citv's Centennial Historian. Maximize Miami Beach as a Brand Destination Supporting Data (Surveys, Environmental Scan, etc.): NiA Item Summary/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 1 946 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 lnternational University in Miami, where he teaches all of the University's Florida and South Florida history courses, as well as the historyofAmericanrailroads. Hehaswritten Sunshine, SfoneCrabsandCheesecake: TheStoryof Miami Beach and lmages 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 Centennialyear 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 and/or for any other use at the discretion of the Financial lnformation: Source of Funds: --r oBH ql_ Amount Account 1 $25,000 Resort Tax Contingency -FY 2013114. Total $25,000 Financial lmpact Summary: Max Sklar, Tourism, Culture and Economic Development Director AGETTTDA fiEn R10MIAMIBEACHDArE 6-ll- lq832 E MIAMIBEACH (ity of Miomi Beoch, I200 Convention Cenler Drive, Miomi Beoch, Florido 33I 39, www. m iom ibeochfl.gov COMMISSION MEMORANDUM TO:Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: June 11,2014 SUBJECT: A RESOLUTION OF THE MAYORIAND 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-F|VE THOUSAND DOLLARS ($25,000) (coMPENSATTON), FROM WHTCH COMPENSATTON AUTHOR WlLL DONATE THE TOTAL SUM OF SEVEN THOUSAND DOLLARS ($7,OOO) BACK TO THE ctTY (DONAT|ON), TO AUTHOR A BOOK tN HONOR OF THE CtTy'S CENTENNIAL ANNIVERSARY, WRITE A MONTHLY CENTENNIAL MONOGRAPH, AND ASSIST !N THE CREATION OF HISTORICAL EXHIBITIONS; AND FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE SETH H. BMMSON AS THE CITY'S CENTENNIAL HISTORIAN, AT NO ADDITIONAL COST TO THE CITY. REGOMMENDATION Adopt the Resolution. FUNDING $25,000 is available in the Resort Tax Contlngency - FY 2013114. 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 theAd-Hoc Committee. TheAd Hoc Committeewill 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 CityAdministration 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. the City c/mission l-j<- 833 City Commission Meeting Centennial Historian June 11, 2014 Page 2 of 2 Historian Seth H. Bramson has llved in the Miami area since 1946 and is nationally known as the foremost authority on the hlstory 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 lnternational 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 Sunsh ine, Stone Crabs and Cheesecake: The Story of Miami Beach and lmages 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 fl:"ffi1l storian, at no additional cost to the city T:\AGENDAU0l4Uune\TCED\Reso Approving Agreement wtih Seth Bramson MEMO,doc 834 Exhibit "l" 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 l70l 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 prepzrre 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 caried 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 Oblisations. The Author shall perform the following Services: (a) Submit the title for the book for approval by the Mayor and City Manager; and 835 4. (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' ofthe 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. 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. ComDensation. (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 5. 836 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, 52,334.00 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 payrnent of the uncontested amount and withhold payment on the contested amounts until they are resolved by agreement between the parties. 6. Copvrisht. 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 copltight 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. Indenendent Contractor. Except as expressly provided for in this Agreement, Author is 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 Citv 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 ofthe 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%) ofthe contract price. 837 12. Governins 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 hled in relation to this Agreement, including Appellate proceedings, the unsuccessful party in the action shall pay to the successful paty all sums that either party may be called upon to pay, including the successful party's attorney's fees and costs. 14. Partial InvalidiW. 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 remdining provisions shall be deemed to be in full force and effect, ifthey have been executed by both parties subsequent to the expungement ofthe 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 pafly 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 WHEREOX', the parties hereto have executed this Agreement in triplicate on the day and year written above. WITNESS: SETH II. BRAMSON (Print name) Seth H. Bramson, Author CITY OF MIAMI BEACHATTEST: Jimmy Morales, City Manager APPROVED AS TO FORM AND LEGAL SUF'F'ICIENCY Raul Aguila, City Attorney By: By:By: 838 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE C]TY MANAGER TO ENTER INTO AN AGREEMENT WITH SETH H. BRAMSON (AUTHOR) IN AN AMOUNT NOT TO EXCEED TWENTY.FIVE THOUSAND DOLLARS ($25,000) (coMPENSATTON), FROM WHrCH COMPENSATTON AUTHOR WILL DONATE THE TOTAL SUM OF SEVEN THOUSAND DOLLARS ($7,OOO; BACK TO THE CrrY (DONATTON), TO AUTHOR A BOOK rN 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 GOST 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 Sunshlne, Stone Crabs and Cheesecake: The Story of Miami Beach and lmages 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 lnternational 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 ($25,000) and Mr. Bramson will donate Seven Thousand Dollars ($Z,OOO; 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 839 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 fu(her designating Seth H. Bramson as the City's Centennial Historian. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND GITY 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 ($7,000) 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 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: PHILIP LEVINE MAYOR RAFAEL GRANADO CITY CLERK T:\AGENDA\20 14\June\TCED\Reso Approving Agreement wtih Seth Bramson RESO.doc APPROVED P\S TO FORM & LANGUAGE & FOR EXECUIION 1l r.\l Ita- Dote 840 THIS PAGE INTENTIONALLY LEFT BLANK 841