26-84 RDA
RESOLUTION NO. 26-84
A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY AUTHORIZING THE AGENCY CHAIRMAN AND THE
AGENCY EXECUTIVE SECRETARY TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH STEWART
NEWMAN AND ASSOCIATES, INC. FOR PUBLIC
RELATIONS AND PROMOTIONAL SERVICES.
WHEREAS,
the
Miami
Beach
Redevelopment
Agency,
pursuant to South pointe Public Relations Service Bid No. 67-84,
authorized the Administration to negotiate a contract with
Stuart Newman and Associates, Inc. for public relations and
promotional services relating to the Sou the pointe area; and
WHEREAS the contract has been reviewed by the Miami
Beach Redevelopment Agency and the Executive Director has
recommended its execution; and
WHEREAS, the General Counsel has approved the contract
as to form,
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI BEACH
REDEVELOPMENT AGENCY that the Agency Chairman and the Agency
Secretary are hereby authorized to execute the Professional
Services Agreement with Stuart Newman and Associates, Inc.
PASSED
and
ADOPTED
this
19th
day
of
September
, 1984.
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ATTEST:
4
EXECUTIVE SECRETARY
APPROVED AS TO FORM:
~~~
GENERAL COUNSEL
MLB/jhd
9284A
PROFESSIONAL SERVICES AGREEMENT
THIS
,Jnlit.v-L,v
I
AGREEMENT,
entered
into
this
"It?
,,;{ i', day
of
,
1984
by and
between the
MIAMI
BEACH
REDEVELOPMENT AGENCY, a public body corporate and pOlitic,
organized and existing pursuant to the Community Redevelopment Act
of
1969,
Chapter
163,
Part
III,
Florida
Statutes
(19 81)
(hereinafter referred to as "AGENCY") and STUART NEWMAN AND
ASSOCIATES, INC., (hereinafter referred to as "NEWMAN") for the
rendition of professional services for the purpose of publicizing
and promoting the development of that area of South Miami Beach
known as South Pointe, hereby agree as follows:
WITNESSETH:
1. Services to be rendered by NEWMAN - That NEWMAN,
for and in consideration of
the covenants and condi tions
hereinafter set forth and other good and valuable consideration,
hereby agrees to exercise its best professional efforts and
expertise and to assume all public relations duties to promote and
publicize South pointe. Such efforts shall include, but shall not
be limited to the following:
a. Media Coverage - NEWMAN shall obtain coverage in
print, broadcast and electronic media focusing favorable attention
on the development of South Pointe.
b. Media Kit - NEWMAN shall prepare a Media Kit to be
submitted to the AGENCY no later than November 20, 1984.
c. Banking and Real Estate Investment Publicity
NEWMAN shall actively publicize and promote South pointe among
banking and real estate investors and shall seek coverage in trade
journals serving such investors.
d.
Developer
Investor Promotional Package - NEWMAN
shall prepare a developer-investor promotional package to be
submitted to the AGENCY no later than November 20, 1984.
e. Audio-Visual Presentation NEWMAN shall create,
organize and manage an audio-visual presentation to be submi tted
to the AGENCY no later than November 10, 1984.
f. Quarterly Newsletter NEWMAN shall produce a
quarterly newsletter every three months (commencing on the date of
signing of this contract) to apprise the media, trade journals and
potential banking and real estate investors of the progress of the
South pointe development.
g. Research - All research necessary to perform the
above-stated requirements is to be performed by NEWMAN.
2. All work to be performed in-house With the
exception of the actual production of audio-visual mater ials and
printing of literature for distribution, all services required
under this AGREEMENT are to be performed by NEWMAN in-house. No
subcontractors may be retained by NEWMAN in performance of
required services unless same shall first be approved in wr i ting
by the AGENCY.
3. Stuart Newman to be Account Supervisor It is
further agreed that STUART NEWMAN shall personally serve as
Account Supervisor of all work performed under this agreement.
4. $2,000 base for monthly expenses - In performing
its duties under this AGREEMENT NEWMAN may expend for the AGENCY'S
account and wi thout pr ior approval up to $2,000 monthly and in
accordance with the following billing schedule.
Account Supervisor $75 per hour
Account Executive 50 per hour
Photo, video editor 50 per hour
Creative Director 60 per hour
Layout, mechanical 45 per hour
Copywriter, editor 55 per hour
Secretarial, clerical 35 per hour
Expenditures for any single month may not exceed $2,000
without prior written approval from the AGENCY.
5. Out-of-pocket expenses - In addi tion to the above-
stated expenses, the AGENCY shall reimburse NEWMAN for out-of-
-2-
pocket expenses in connection wi th certain projects according to
the following schedule:
Audio Visual Production
up to $15,000
Developer - Investor Promotional Package
up to
6,000
produced for distribution
Media Related Expenditures
up to
2,000
Quarterly Newsletters
up to
6,000
Overall Postage
up to
5,000
Any reimbursements in excess of the above schedule
require prior written AGENCY approval.
6.
Out-of-county travel expenses
No out-of-county
travel expenses shall be incurred wi thout pr ior wr i tten AGENCY
approval.
7. All materials to be AGENCY property - It is further
agreed that all mater ials produced by NEWMAN dur ing the term of
this AGREEMENT and which relate to the publicizing or promotion of
South pointe shall be the exclusive property of the AGENCY.
8. Term of Agreement - The term of this PROFESSIONAL
SERVICES AGREEMENT shall be for one (1) year commencing on the
2ft/, day of #4Jfr'-.
,1.t:J;~A./'J , 1985, unless terminated or renewed as provided for
in paragraph 9 of this AGREEMENT.
, 1984, and ending on the
a1-tt.
day of
9. Termination; Renewal - The AGENCY shall have the
right to cancel and terminate this AGREEMENT after six (6) months
from the date of signing and upon the giving of 15 days written
notice to NEWMAN.
The AGENCY shall have the right, upon the
giving of thirty (30) days written notice to NEWMAN to renew this
AGREEMENT for an additional term of one (I) year.
10. Assiqnment prohibi ted - NEWMAN shall not, directly
or indirectly, in any manner, assign, pledge or otherwise transfer
its rights or duties under this AGREEMENT.
II. Time is of the Essence - It is agreed that time is
of the essence in the performance of all duties required in this
AGREEMENT.
Any requests for extensions of time on the due dates
for projects as set forth in this AGREEMENT must be obtained in
-3-
writing no later than five (5) days prior to the due date.
Failure to perform services on the required date shall constitute
a breach of this AGREEMENT.
12. Amendments - This AGREEMENT may only be modified or
amended by a written AMENDMENT signed by both the AGENCY and
NEWMAN.
13. Entire Agreement This AGREEMENT contains the
entire agreement between the AGENCY and NEWMAN and super~edes all
prior negotiations, representations and agreements, written or
or al.
14. Applicable law; venue This AGREEMENT shall be
governed and construed according to the laws of Florida. Venue in
any legal proceeding arising by virtue of this Agreement shall be
in Dade County, Florida.
15. Attorney's Fees - NEWMAN agrees to pay the Ci ty' s
attorney fees in the event that the AGENCY becomes a party to a
suit arising by virtue of NEWMAN'S performance of this AGREEMENT,
including, without limitation, costs of appeals.
16. Notices - All notices given under this AGREEMENT
shall be given in wri ting, properly addressed and mailed to the
following:
AS TO THE AGENCY Director, Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Stuart Newman and Associates, Inc.
735 N.E. 125th Street
North Miami, Florida 33161
17. Successors and Assigns The AGENCY and NEWMAN
respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and
to the parties, successors, assigns and legal representatives of
such other party with respect to all covenants of this Agreement.
18. Severabili ty - If any provision of this AGREEMENT
shall be held by a court of competent jurisdiction to be invalid
AS TO NEWMAN
-4-
or unenforceable, the remainder of this AGREEMENT, or the
application of such provision other than those as to which it is
invalid or unenforceable, shall not be affected thereby; and each
provision of this AGREEMENT shall be valid and enforceable to the
fullest extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be signed in their corporate names by their duly
authorized officers, their corporate seals to be affixed the day
and year first written above.
MIAMI BEACH REDEVELOPMENT AGENCY
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By./ ._'-....(..'1
Chairman
ATTEST:
~~A'A-~ -;))1, ~~/
Executive Secretary
STUART NEWMAN AND ASSOCIATES, INC.
BY~P~
President
Witnesses:
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fORM APPHOVED
LEGAL DEPT.
By..::"rl.~ (ftV1A1!j!T
Date"__H(l..::__'i_~~_
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8304B
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RESOLUTION NO. 26-84
A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY AUTHORIZING THE AGENCY CHAIRMAN AND THE
AGENCY EXECUTIVE SECRETARY TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH STEWART
NEWMAN AND ASSOCIATES, INC. FOR PUBLIC
RELATIONS AND PROMOTIONAL SERVICES.
WHEREAS,
the Miami
Beach
Redevelopment
Agency,
pursuant to South pointe Public Relations Service Bid No. 67-84,
authorized the Administration to negotiate a contract with
Stuart Newman and Associates, Inc. for public relations and
promotional services relating to the Sou the pointe area; and
WHEREAS the contract has been reviewed by the Miami
Beach Redevelopment Agency and the Executive Director has
recommended its execution; and
WHEREAS, the General Counsel has approved the contract
as to form,
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI BEJ~CH
REDEVELOPMENT AGENCY that the Agency Chairman and the Agency
Secretary are hereby authorized to execute the Professional
Services Agreement with Stuart Newman and Associates, Inc.
PASSED
and
ADOPTED
this
19th
day
of
September
, 1984.
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c- _
~
---
ATTEST:
~~~_ A,~~
EXECUTIVE SECRETARY
APPROVED AS TO FORM:
~/I.~
GENERAL COUNSEL
MLB/jhd
9284A