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HomeMy WebLinkAboutReso 2002-474 RESOLUTION NO. 2002-..!:f 1 Y A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND MILLER PUBLISmNG, INC. D/B/A COMMUNITY NEWSPAPERS, FOR ADVERTISING SERVICES AT A COST OF SEVEN HUNDRED FIFTY DOLLARS ($750.00) PER ISSUE; PROVIDING THE MAYOR THE AUTHORITY TO EXECUTE SAID AGREEMENT; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miller Publishing, Inc. d/b/a Community Newspapers 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, the City of Sunny Isles Beach is desirous of entering into an agreement with Miller Publishing, Inc. d/b/a Community Newspapers, in the amount of $750.00 per issue, to publish articles, bulletins, City Commission Meeting agendas, and other related matters; and WHEREAS, the City believes that Community Newspapers will provide the City with a medium to inform residents of services provided by the City. 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 Agreement with Miller Publishing, Inc. d/b/a Community Newspapers for advertising City Services, in the amount of $750.00 per issue, attached hereto as Exhibit "A", be and the same, is hereby approved. 2Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said agreement. .Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. .!Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 19th day of September, 2002.~ rr- R2002- Advertising Agmt wlMiller Publishing 1 ATTEST:," , l , \..1" t # ,/ .: ci2~d~~u~ . . j , Richard Brbwn-MoriIla, City Clerk " ' . . , J1 , . p\ . . Approved As to Form and Legal Sufficiency: Vote: 5-0 Mayor Samson Vice Mayor Iglesias Commissioner Edelcup Commissioner Goodman Commissioner Kauffman i' -. Moved by: ~_~~M1V\ 0=1)G~mA-I\.J Seconded by: (~>~~~ F~~LC_Uf> ~(Yes) ~(Yes) ~(Yes) ~(Yes) ---J.L-(Y es) R2002- Advertising Agmt wIMiller Publishing _(No) _(NO) _(NO) _(No) _(NO) 2 ') CITY OF SUNNY ISLES BEACH ADVERTISING AGREEMENT TIDS AGREEMENT, entered into this ~ day of .b&~ 2002, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to uCity'') and MILLER PUBLISHING, INC. D/B/A COMMUNITY NEWSPAPERS (hereinafter referred to as "Contractor"). . WHEREAS, Contractor publishes a newspaper tailored to the needs of the residents of the City of Sunny Isles Beach; and WHEREAS, Contractor has provided the City with advertisement space in its newspaper since the incorporation of the City; and WHEREAS, the City wishes to enter into an advertisement agreement with Contractor to publish .articles, bulletins, and other related matters; and WHEREAS, the City believes that Contractor will provide the City with a medium to inform residents of services provided by the City. ') NOW THEREFORE, as part of the consideration for this agreement the City and Community Newspapers hereby declare the following: I. Recitals. The above recitals are incorporated herein as if fully set forth. 2. Services. Contractor agrees to provide the City with a maximum of eight (8) pages in its twice-monthly publication to publish articles, bulletins, notices, and other related matters. Additional pages may be purchased by the City for an additional fee. 3. Publication Dates. Contractor agrees to publish twenty-four (24) issues of the newspaper within a one (1) year time period. Contractor shall not decrease the nwnber of issues published without the written consent of the City. 4. Comoensation. As the entire compensation under this Agreement and during the tenns of this Agreement, in whatever capacity rendered, the City shall pay Contractor a per issue payment of Seven Hundred Fifty Dollars ($750.00) for the services provided herein. Payment of said compensation shall be made upon receipt of proper invoice from Contractor. 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. ) Page 1 00 6 8 Ad Agreement-Miller Publishing. Inc. ') 5. Indemnification. Contractor shall indemnify the City from any and all claims due to the negligence of Contractor's employees, principals, and agents. The City agrees to indemnify Contractor for any claim arising out of pages of unedited materials submitted by the City. 6. Editorial Rie:hts. 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. Assie:nment. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, finn, corporation, or other entity without the prior, expressed, and written consent of the other party. 8. Term. The term of this Agreement shall be one (1) year and shall automatically renew for additional one-year tenns, unless either party provides notice of non-renewal to the other party upon sixty (60) days notice. Notwithstanding the foregoing, the City shall have the right to cancel this Agreement upon sixty (60) days notice. 9. Governinl! 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. 10. AttorneY!' Fees. If any action is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either party may ') be called upon to pay, a reasonable sum for the successful party's attorneys' fees and costs. 11. Partiallnvaliditv. 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. 12. Entire Ae:reement. 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. 13. 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. (Signature page is next page) ) Page 2 of 3 6 9 Ad Aarccmcnt-Millcr Publishing. Inc. ') IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESSES: MILLER PUBLISHING, INC. d/b/a COMMUNITY NEWSPAPERS: BY:~V Michael Miller Executive Editor Miller Publishing Inc. 6796 S.W. 62 Ave. South Miami, FL 33143 ) ATTEST;,,':' "" ,:'; l,. '. ~..' :~/.iA~~~ ........J~,.}-' ~, ~""... .BY'~~~~ Richcuii Brown1'''NIorilla, City Clerk BY: David Samson, Mayor ,.,..... .;.~.. ';" ( ~. .A - '. ,,' APPROVED AS TO FORM AND LEGAL SUF CIENCY B City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ) Page 3 oD 70 Ad Agreement-Miller Publishing. Inc.