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<br />- <br /> <br />Ci(I' oj SIII/I/Y Isles Beach <br /> <br />18070 Collins ^ venue, Sunny Isles l3each, Florida 33 I 60 <br />(305) 947-0606 phone (305) 949-31 13 Fax <br /> <br />3. COlllllcnsation. As the entire compensation under this Agreement and during the terms <br />of this Agreement, in whatever capacity rendered, the City shall pay Contractor Three Thousand <br />Dollars ($3,000.00) per edition and a total amount not to exceed Twelve Thousand Dollars <br />($12,000.00) for four editions as outlined in paragraph 2 above. Payment of said compensation <br />shall be made upon receipt of proper invoicc from Contractor. If the City disputes any charges on <br />the invoices, it may make payment of the uncontested amount and withhold payment on the <br />contested amounts until they are resolved by agreement between the parties. <br /> <br />4. Availabilitv of Funds. The City's performance and obligation to pay under this Agreement <br />is contingent upon an annual appropriation for its purpose by the City Commission. <br /> <br />5. Indelllnification, City shall not be liable for the literary contcnts of Contractor's <br />magazine, except for the literary work or materials that are specifically contributed by the City or <br />its agents. Contractor shall indemnify the City from all claims due to the negligence of <br />Contractor's employees, principals, and agents, the City agrees to indemnity Contractor for any <br />claim arising out of pages of unedited materials submitted by the City. <br /> <br />6. Editorial Rights. It is understood and agreed that Contractor shall not have the right to <br />revise or change the content of articles, bullctins, and other materials provided by the City <br />without written consent by the City. Contractor, however, shall have the right to make minor <br />revisions, if necessary, to correct typographical errors. <br /> <br />7. Relation to Partics, It is understood and agreed that nolhing contained in this Agreement <br />shall be deemed to create a partnership, joint venture, other association, or an employer/employee <br />relationship between the Contractor and the City. Contractor shall be in the rclation of an <br />independent contractor and is to have entire charge, control and supervision of the work to be <br />performed hereundcr. <br /> <br />8. Assignmcnt. The rights of each party under this Agreement are personal to that party and <br />may not be assigned or transferred to any other person, linn, corporation, or other entity without <br />the prior, expressed, and written consent of the other party. <br /> <br />9. Tcnll, This is a month-to-month agreement. If the agreement is terminated, City shall <br />pay Contractor for services rendered. However, in the event of a dispute, City shall have the <br />right to withhold payment until resolution of the dispute. <br /> <br />10. Govcrning Law, It is agreed that this Agreement shall be governed by and construed and <br />enforced in accordance with the laws of the State of Florida. In the event legal proceedings are <br />commenced to enforce the terms of this agreement, venue shall be in Miami-Dade County, <br />Florida. <br /> <br />C0607-031 Advertising Agreement with Sergio Diment <br /> <br />2 <br /> <br />SIB <br />