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Home My WebLink AboutReso 2013-2116T 1 RESOLUTION NO. 2013- Z lit, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND YOUR HOMETOWN NEWSPAPERS, INC. D/B/A COMMUNITY NEWSPAPERS, FOR PUBLISHING SERVICES IN AN AMOUNT NOT TO EXCEED THIRTY-SIX THOUSAND DOLLARS ($36,000.00); PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Your Hometown Newspapers. Inc. d/b/a Community Newspapers (formerly known as Miller Publishing, Inc.) publishes a newspaper tailored to the needs of the residents of the City of Sunny Isles Beach and has provided the City with advertisement space in its newspaper since the incorporation of the City; and WHEREAS, on September 19, 2002, via Resolution 2002-474, the City Commission approved an Agreement with Miller Publishing, Inc. d/b/a Community Newspapers to provide the City with a maximum of eight (8) pages in its twice monthly publication at a cost of Seven Hundred Fifty Dollars ($750.00) per issue; and WHEREAS, on February 23, 2011, via Resolution No. 2011-1685. the City Commission amended its Agreement with Miller Publishing to include the expansion of the newspaper from eight (8) pages to ten (10) pages, in an amount of One Thousand Two Hundred Fifty Dollars ($1,250.00) per issue, twice per month/ twenty four (24) issues per year, bringing the total yearly amount not to exceed Thirty Thousand Dollars ($30,000.00); and WHEREAS, the City wishes to enter into a new publishing agreement with Your Hometown Newspapers, Inc. to publish articles, bulletins and other related matters, for a revised amount of One Thousand Five Hundred Dollars ($1,500.00) per issue, twice per month/twenty four (24) issues per year, for a total yearly amount not to exceed Thirty-Six Thousand Dollars ($36,000.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves the Agreement with Your Hometown Newspapers, Inc. d/b/a Community Newspapers. for publishing City services, in an amount not to exceed Thirty-Six Thousand Dollars ($36,000.00). Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. R2013- Agreement with Your Hometown Newspaper, Inc. 1 PASSED AND ADOPTED this 19th day of September 2013. orman S. Edelcu•, Mayor ATTEST: 111111 ... I • Jane A. Hines, City Clerk, MMC APPROVED AS TO FORM AND LEGA UFFICIENCY:ill Mita HairOt . Ti, Cite Attorney Moved by: Watt,r ArcljoK) Seconded by: p LJ I,r� Vote: S—O Mayor Edelcup ✓ (Yes) (No) Vice Mayor Aelion ✓(Yes) (No) Commissioner Gatto ✓(Yes) (No) Commissioner Levin ✓(Nes) (No) Commissioner Scholl (Yes) (No) R2013- Agreement with Your Hometown Newspaper, Inc. 0.4y,,,,,I.., AGREEMENT BETWEEN THE CITY OF SUNNY ISLES ti (it g'..,i..�\;■ -a,: BEACH AND YOUR HOMETOWN NEWSPAPERS, INC. '� =00 D/B/A COMMUNITY NEWSPAPERS 4`��'" �� CONTRACT NO. C1213-063 Crrr or,oM THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this tq"1 day of September, 2013, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and YOUR HOMETOWN NEWSPAPERS, INC., d/b/a/COMMUNITY NEWSPAPERS, a corporation authorized to do business in the State of Florida(hereinafter referred to as"Contractor")whose Federal I.D.# is ('.5--- g }?i/ RECITALS WHEREAS, the City has a long standing relationship with the Contractor to publish a newspaper tailored to the needs of the residents of the City of Sunny Isles Beach and provide the City with advertisement space in its newspaper; and WHEREAS,on September 19, 2002, via Resolution No.2002-474,the City Commission approved an Agreement with Miller Publishing, Inc. d/b/a Community Newspapers to provide the City with a maximum of eight (8) pages in its twice monthly publication at a cost of Seven Hundred Fifty Dollars($750.00)per issue; and WHEREAS, on February 23, 2011,via Resolution No. 2011-1685, the City Commission amended its Agreement with Miller Publishing to include the expansion of the newspaper from eight (8) pages to ten (10) pages, in an amount of One Thousand Two Hundred Fifty Dollars ($1,250.00) per issue, twice per month/twenty four (24) issues per year, bringing the total yearly amount not to exceed Thirty Thousand Dollars ($30,000.00); and WHEREAS,the City wishes to enter into a new publishing agreement with Contractor to publish articles, bulletins and other related matters, for a revised amount of One Thousand Five Hundred Dollars ($1,500.00) per issue, with ten (10) pages dedicated to news about the City, twice per month/twenty four (24) issues per year, under the following revised business terms and conditions. NOW THEREFORE, as part of the consideration for this agreement, the City and Contractor agree to the following terms. 1. RECITALS. The above recitals are incorporated herein as if fully set forth. 2. SCOPE OF SERVICES. The Contractor shall publish the community newspaper to include ten (10) pages dedicated to the City, in the amount of One Thousand Five Hundred Dollars ($1,500.00) per issue, twice per month/twenty four (24) issues per year. Contractor is permitted to place small front page advertisement on the bottom left side of the front page, and advertisement on one second page. Page three shall be exclusively dedicated to the City. Contractor-shall-further be required to publish and circulate Eight Thousand-8-;000 copies of each r)/( Q 1 SB newspaper publication, as more particularly described in Exhibit "A", a copy of which is attached hereto and incorporated herein by reference. The Publisher shall place the name of the "Cit of Sunn Isles Beach" above the .hrase "Communit News'a.ers" in the title section of the first page of the newspaper. 3. COMPENSATION,. As the entire compensation under this Agreement for the Services, and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Contractor One Thousand Five Hundred Dollars ($1,500.00) per issue, twice per month/twenty four (24) issues per year, for a total yearly amount not to exceed Thirty Six Thousand Dollars ($36,000.00). If additional newspaper copies are required by the City, Contractor shall charge the City Two Hundred Dollars ($200.00) per One Thousand (1,000) copies of the community newspaper beyond the initially required 8,000 copies that are included in the cost of One Thousand Five Hundred Dollars ($1,500.00)per issue. 4. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 5. INDEMNIFICATION. City shall not be liable for the literary contents of Contractor's newspaper, except for the literary work or materials that are specifically contributed by the City or its agents. Contractor shall indemnify the City from all claims due to the negligence of Contractor's employees, principals, and agents, the City agrees to indemnity Contractor for any claim arising out of pages of unedited materials submitted by the City. 6. EDITORIAL RIGHTS. It is understood and agreed that Contractor shall not have the right to revise or change the content of articles, bulletins, and other materials provided by the City without written consent by the City. Contractor, however, shall have the right to make minor revisions, if necessary,to correct typographical errors. 7. RELATION TO PARTIES. It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent Contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 8. 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 withn„t the.nrinr exnressed. and written consent of the other party. 9. TERM. The term of this Agreement shall commence on October 1, 2013, and shall end one year thereafter. The term shall automatically renew for successive one (1) year renewal terms commencing every October 1St, unless terminated earlier pursuant to Section 10 below. The compensation set forth in Section 3 above shall remain the same during any renewal period unless modified by the parties in an amendment to this Agreement. 10. TERMINATION. Either party shall have the right to terminate this Agreement with or without cause upon thirty (30) days written notice to the other party. 2 C1213-063 YOUR HOMETOWN NEWSPAPERS,INC.d/b/a COMMUNITY NEWSPAPERS 11. 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. In the event legal proceedings are commenced to enforce the terms of this agreement, venue shall be in Miami- Dade County, Florida. 12. ATTORNEY'S FEES. Contractor agrees to pay the City's attorney fees and costs in the event legal action is required by City to enforce any provision of this Agreement. 13. 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. 14. 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. 15. MODIFICATION. Any modification of this Agreement or additional obligations assumed by either party in connection with Agreement shall be binding only if in writing and signed by each party or an authorized representative of each party. 16. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service),addressed to such party as follows: If to the City: Christopher J. Russo Hans Ottinot City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160. Ph. 305-792-1701 Ph: 305-792-1702 If to the Contractor: Michael Miller Executive Editor Your Hometown Newspapers, Inc., d/b/a Community Newspapers 6796 S.W. 62 Ave. South Miami, FL 33143 3 C1213-063 YOUR HOMETOWN NEWSPAPERS,INC. d/b/a COMMUNITY NEWSPAPERS 17. CONFLICTING PROVISIONS: The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: YOUR HOMETOWN NEWSPAPERS, INC. d/b/a COMMUNITY NEWSPAPERS ____..C2' �= ird------ BY: �'//L_ Si a e Michael Miller Print Name ATTEST: CITY OF SUNNY ISLES BEACH B ‘, 14,,,, BY:air/71 -`-' Jane Hines, MMC, City Clerk Christopher J. Russo,City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY AlBY: � // H s O Prot'rity Attorney 4 C1213-063 YOUR HOMETOWN NEWSPAPERS,INC.d/b/a COMMUNITY NEWSPAPERS Aut:anima£•U& . Page 5 of 7 Sunny Isles Beach Condos Distribution List as of September 6, 2013 Building Name Address Signatures Isles 201 —180th Drive Added 3/27/07 Caribbean Breeze 250—180th Drive Le Pelican 18260 North Bay Road Marina Bah Club 18100 North Ba' Road Atrium 18001 North Bay Road Added 3/27/07 Le Montcalm 18000 North Bay Road Eden Roc Condo 17900 North Bay Road Bayhouse 17878 North Bay Road Added 3/27/07 Le Laurier Condo 17800 North Bay Road Frontenac 17801 North Bay Road Le Maisoneuve 17700 North Bay Road Bay County Club 17700 North Bad!Road Fairview House 17600 North Bay Road Fairview House 17500 North Bay Road Marian Towers 17505 North Bay Road Winston Towers #200 251-174 Street Winston Towers#500 301-174 Street Winston Towers#700 290—174 Street Winston Towers#100 250—174 Street Winston Towers#300 230—174 Street Winston Towers#600 210—174 Street Winston Towers#400 231 —174 Street Le Cartier 201 178th Dr. Added 3/27/07 Marbella 200 178th Street Added 3/27/07 Avila North (Bldg.#1) 17620 Atlantic Blvd. Can't get in Avila North(Bldg.#2) 17560 Atlantic Blvd. King David 17555 Atlantic Blvd. Added 4/16/07 Salem House(Bldg 1) 251 172 Street Salem House (Bldg 2) 253 172 Street Added 3/27/07 Avila South(Bldg.#1) 200—172 Street Avila South(Bldg.#2) 210—172 Street Porto Bellagio 17100 North Bay Road Plaza of the Americas 17011 North Bay Road Added 3/17/07 17021 North Bay Road Intracoastal Yacht Club 16900 North Bay Road Intracoastal Yacht Club 16950 North Bay Road Agenda Item No 10S EXHIBIT Page 1 of 3 XHIBIT "A„ 233 yrk Page 6 of 7 Sunny Isles Beach Condos Distribution List as of September 6,2013 Building Name I Address Signatures Intracoastal Yacht Club 17000 North Bay Road Vista View(A) 17094 Collins Ave Vista View(office) 17098 Collins Ave Vista View(D) 17096 Collins Ave Vista View(C) 17092 Collins Ave Vista View(B) 17090 Collins Ave RK Center, 16900 Collins Ave CVS Emerald Restaurant Oceania 4 16400 Collins Avenue Oceania 5 16440 Collins Avenue Poinciana 160 Street&Collins Guardhouse Marina del Mar(Century Towers) 100 Kingspoint Drive Coastal Towers 400 Kingspoint Drive Kingspoint Imperial 220 Kingspoint Drive Added 3/17/07 Arlen House 500 500.Bay View Drive Arlen House 300 300 Bay View Drive _Arlen House 100 100 Bay View Drive Collins odd order(south to north) east side of Collins Tropicana Condominiums 15645 Collins Ave Trump 2 15901 Collins Ave Trump 1 16001 Collins Ave Oceania 1 16421 Collins Ave (bldg 2) 16425 Collins Ave Oceania 2 16445 Collins Ave Oceania 3 16485 Collins Ave Newport Beachside Resort 16701 Collins Ave Sands Point Ocean 16711 Collins Ave Jade Beach 17001 Collins Ave. Jade Ocean 17121 Collins Ave. Ocean 4 17201 Collins Ave Added 3/27/07 Florida Ocean Club 17275 Collins Ave Sole 17315 Collins Ave Ocean Point Double Tree 17375 Collins Ave Monaco Resort 17501 Collins Ave Pinnacle 17555 Collins Ave Acqualina 17875 Collins Ave Golden Strand 17901 Collins Ave Trump International Sonesta 18001 Collins Ave Beach Resort Trump Palace 18101 Collins Ave Agenda Item No.I OS U:\Administrative Services\Alayne's Folder\Newspaper\Delivery by Community News Page 2 s143 en, n h ta"I uI l I GI I l I I u u.u v. • Page 7 of 7 Sunny Isles Beach Condos Distribution List as of September 6, 2013 Building Name Address Signatures Blue Grass Beach 18325 Collins Ave Sahara Beach Club 18335 Collins Ave Thunderbird Hotel 18401 Collins Ave Tumberry Club 18501 Collins Ave Added 3/17/07 Golden Nugget Hotel 18555 Collins Ave Millennium 18671 Collins Ave Le Meridien 18683 Collins Ave Ocean Three 18911 Collins Ave Sea Shore Club 18975 Collins Ave Ocean Two 19111 Collins Ave Ramada Plaza Resort(Marco 19201 Collins Ave Polo) Ocean One 19333 Collins Ave Across from Ocean One West side of Collins Ave. Ocean View 19390 Collins Ave Ocean View 19380 Collins Ave Ocean View 19370 Collins Ave Agenda Item No MS U:\Administrative Services\Alayne's Folder\Newspaper\Delivery by Community News Page 3 0353 i os" tg4F City Commission s City of Sunny Isles Beach Norman S.Ede lcup,Mayor .,° IVA 18070 Collins Avenue, Suite 250 Isaac Aelion, [ice Mayor n Jeanette Gatto, Commissioner • = Sunny Isles Beach, Florida 33160 Jennifer Levin,Commissioner (305)947-0606 City Hall George"Bud"Scholl,Commissioner * Y (305)949-3113 Fax ' '9 P Christopher J.Russo City Manager ti s� �o �P (305)947-2150 Building Department p n l * F u ��5 (305)947-5107 Fax Hans Ottinot,City Attorney ci r of sus P Jane A.Hines,MMC,City Cierk MEMORANDUM TO: Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: September 19, 2013 RE: Approving Agreement with Your Hometown Newspapers, Inc. D/B/A Community Newspapers for Publishing Services RECOMMENDATION This Resolution is presented for your consideration. REASONS Since Your Hometown Newspapers, Inc. d/b/a Community Newspapers publishes a newspaper tailored to the needs of the residents of Sunny Isles Beach, the City wishes to enter into an advertising agreement with Your Hometown Newspapers, Inc. to publish articles, bulletins, and other related material. The City will use this publication to inform the residents of services provided by the City. ADDITIONAL INFORMATION: Your Hometown Newspapers, Inc. agrees to publish 24 issues per year, and the City agrees to pay $1500.00 per issue ($36,000.00 per year). Agenda'Item 1 O S Date Ct ' i R - i 3