HomeMy WebLinkAboutReso 2003-600A
RESOLUTION NO. 2003- (~n() A
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 THE MIAMI HERAW
PUBLISHING COMPANY, FOR RETAIL ADVERTISING SERVICES;
PROVIDING THE MAYOR THE AUTHORITY TO EXECUTE SAID
AGREEMENT; PROVIDING THE CITY CLERK AND THE CITY
MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY
TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Herald is a major daily newspaper in South Florida that also
publishes the Neighbors section twice a week; and
WHEREAS, since the City's incorporation, we have complied with various State public
noticing requirements by placing legal notices as ads in either the Miami Herald, Neighbors or
Metro sections, and for the required Spanish language election notices, in El Nuevo Herald; and
WHEREAS, entering into a retail, annual volume contract rate to advertise in the Miami
Herald would allow the City to achieve a rate discount; and
WHEREAS, the City believes that the Miami Herald will provide the City with a
publishing medium to legally comply with statutory obligations to inform our residents and
property owners regarding certain City Commission public hearings, and other related matters
regarding 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 Retail Advertising Agreement with The Miami
Herald Publishing Company for publishing certain legal public notices at a discounted retail,
annual volume contract rate attached hereto as Exhibit "A", be and the same, is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
agreement.
Section 3. Authorization of City Clerk and City Manager. The City Clerk and the City
Manager are 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 18th day of September, 2003.
R2003- Advertising Agmt wrrhe Miami Herald
1
.. oJ .J
I
ATIEST:- ~v~
.~. ,:,>\ i'\~ A-.:: I] ,
" ~ ~. ~
, Jan~ A. IDnes;Acting City Clerk
Moved by: y\U YV\~\)V' ?=Ae \c.u~
Seconded by: ~ f/VWIl ~ I Ohh IF s: I' ~ "
Vote: S -{)
Mayor Samson
Vice Mayor Ede1cup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffman
vI(Yes)
-v(Yes)
*(Yes)
_(Yes)
--&L(Y es)
R2003- Advertising Agmt wrrhe Miami Herald
_(No)
_(No)
_(No)
_(No)
_(No)
2
09/15/2003 14:51
3058188203
THE MIAMI HERALD
PAGE 02
, "
. The Miami Herald Publishing Company
(rererreci to as "MUPC")
A Division of ICnIght- Ridder, IDe.
One Herald Plaza, Miami, Florida 33132-1693
RETAIL ADVERTISING AGREEl\1ENT
Advertiser:
Company: C 1~~ ~vn~~ lsl~~ &.tvJ, Address: '10'0 c.oU:nS A-lJe.t\IJe. S+-e. ~
City/StatelZip: S<IP\nN1 (-;I.e.o;; &~ J ~L. 331'0
Term of Agreement. 1st Run Date: 151 day of _, 200_ !!! Date ~UDtil: Contract End Date: q/ Z I 10 'f
RETAIL ADVER.TISING IN THE MIAMI HERALD AND THE BR.OWARD EDmONS or THE MIAMI HERALD.
BULK LINEAGE (AUTOMATIC ANNUAL RENEWALS)
Retail Bulk advertising in d1c MIAMI HERALD with a minimum of inches annually.
Retail Bulk Advertising in EL NUEVO HERALD with a minimum of inches annually.
lletail Bulk Advertising in the MIAMI HER.ALOIBL NUEVO HERALD COMBO with a minimum of i~h~$ annually.
Retail Bulk Advertising in BROW ARD LOCAL NEWS with Il minimum of _ inehes annually.
FREQUENCY (NOT SELF-RENEWING)
_HERALD TV BOOK Publish advertising _ times within a rnaximum of weeks.
----X..-NmGHBORS Publish adv=UlIing ~ times within a maximum of S ~ weeks.
-HOMETOWN HERALD Publish advertising _ times within a maximum of weeks.
~ ADVERTISING Publi&h advertising _ times within a maximum of weeks.
_STREBTIMIAMI Publish advertising _ timc8 within a maximum of weeD.
DOMINGO SOCIALJVIE.RNES Publish advenising _ ti.me8 within a maximwn of weeD.
_INTERNATIONAL lIDmON Publish advertising _ Dtne$ withIn a maximum of weeks.
_ WBHKENDIVIERNBS Publish advertising _ times within a maximum of weeks
_ 0'mER Publiab advertising times within a maximum of weeks.
Payment Terms. All invoices (including applicable sales taltes) are due on the 20th of the month fonowing insertion(s)and if not paid by
the 30th day of the month following the date of inscrtion(s) will be late (except fot accounts designated by MHPC as weekly which are
due within 7 days of the invoice date). Late amounts will bear interest at the max.imum rate allowed by law. Advertiser shall pay aU
applicable tues. If any invoice is not timely paid, then MHPC reserves the right to suspend its performance at any time and/or cancel this
Agreement without notice. In the event of such a cancellation.. all charges for advertising since the 1st Run Date will be re-invoiced to
reflect the Corrected Rate. as described herein. All dispute..~ of any 1ci.nd must be reported in writing to MHPC no later than 30 days from
the date the invoice containing such disputed item or such item will be deemed correct and conclusively a~ted by AdvertisCf.
Advertiser waives any claim after said 30-day period. Submission of a wriuen dispute nodcc by Advertiser shall not relieve Advertiser of
hs obligation to timely pay all. undisputed amounts. Credits, refunds OT paymen~ must be used or claimed. within 2 years from the date of
such credit, reti.mcS or payment or shall be deemed to have been earned and correctly applied or paid. Unless agreed in writing. multiple
discounts shaD not apply for the same advertising purchase. MHPC is not obligated In extend credi.t to AdvertiSer unless in writing. It
Advertiser breaches this Agreement, Advertiser agrees to pay aU of MHPC's c:ollection agency fees and expenses, investigation, court and
litigation eltpCnses along with attorney fees equal to the greater of: (i) 25% of the amount owed, or (ii) the amount awarded by the court.
Sunday circulation and advertising rates will apply to the following holidays: New Year's Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
~b:::'DS~~~~;;~~:==~~8:A:=~ ':~d:;~~~m~~:.~::~~~;~~~
MIlFG., Advertiser represents, warrants and guarantees that any ad. copy so submitted to MHPC is accurate, truthful aud in compliance
with all copyright laws and an other applicable laws and regulatioo$.
Walver of Jury Trial. In any action to e aree or interpfet this Agreement, Advertiser and MHPC waive a trial by jury.
Additional Terms and COD ~ . ns. Th' Agreement is subject to: (i) the Advertising Terms and Conditions attached hereto; the
applicable MHPC rate carel' ~, (ill) '$ publicatioo deadlines, policies and procec1ures. all as amended by MHPC from time to
time. Rates may be ame .b., . _' UPC?n 30 days' written notice to Advertiser.
Agreed and Accepted i ia.'mi. " to be. ffective as of the I II Run Date set forth above.
Advertiser:' '.:' ", . - 'iJ/tr---' THE~MI RALD PUBLISIDNG COMPANY
By: r' . ~
(Must By:
Advertising Manager
APP 0 FORM
Title: )(
LEGAL SUFFICIENCY
/('rT~S",,~
MHPC Internal Use Op/"
Acc::ount No: ()~ 1 i (O)
Agency:
Rev 2-19-02
~
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~-
- -_.__._~--- ~- -~.-
3058188203 . THE MIAMI HERALD ~ . ~ AoJ :AGE 03
ADVERTISING TERMS AND CONDITIONS II) I +iI'lL \ 'f.. 4J...-.
, .
Contract'Terms. Advertiser must consume and pay for the minimum. space indicatcci berein within Ol1C year from the 1" R.un Date (the "Minimum'
Amount"). Part-run lineage will be credited to full-run contract achievement at a ratio or 25 %. El Nuevo Herald is credited on a 10Cl'1rt level for Real Estlte,
and 259& level for Bmployment). If Advertiser fails to satisfy the Minimum Commitment, Advertiser shall not be entitled to the rates or discounts set forth
herein and will be retroactively biUed for an advertising during !he Term at the appliable !ben CIJJ1'eDt standard published rate card rate (the "Corrected.-
Rate", previously referred to as "SaOR'IRATE"). Advertiser will pay MHPC any such Corrected-Rate balance immedta1Cly. Advertiser agrees to pay Ibis
Corrected-Rate in addition to all ~mouDlS paid or payable by Advertiser under litis Agreemenl PaYl1'leot of any Corr=ted-Rate does Dot count tOward the
Minimum Commitment.
Earned RatinglAcrccment Review. AdvertiseR will be billed at the earned rate for advertising pul'Cbased. Eame4 Rate means the lineage or inch level
reached by Advertiser at the conclusiOn of me then expiring term of the Agreement. If an aclVertiscr Satisfies the lineage, revenue or frequency IC'itl required
of their contract BIld qualifies Cor a lower earned rate. they will b~ billed the Jower earned rate beginning rbe next billing ~od. No advertiser will receive
an automatic rebate on past i1dver.tising purchases solely by qualifying for a lower earned rate during !he contract temL Bulk Lineage agreements are
automatically renewed for sulXCSSive 12 month periods at If1c Earned Level unless (i) Ad.vertiser failed to meet the lineageJrtequency requirements in any 12
month period or. (ii) either party gives written notice of cancellation 31 least 30 days prior to the anniversaI)' date of the Agreement.. MHPC reserves the
right to review the volume of advertising placed OD a quanerJy basis and cancel this lXIntract at its sole discretion, if sdverti9ing placed falls _ % or more
below the quarterly average of lineage or revenue needed to fulflll tbc twelve.month cxmtr'ad amount. 'Failure of MHPC to l'CYicw the volume of advenisins
or cancel cbc contract for any tcasOn shall not be deemed a waiver of the right to c:ancel in \be fulUt'C or to impose any applicable rare adjustments.
Ownersbip or Ads. MH:PC rctaiIIJ all rights of ownership in and to all advcrtiscmcnts designed or created by MHPC. Adveniser grants MHPC a non-
exclusive license to publish all ~ready advertisemenlS provided by Advertiser (Dr provided on Adveniser's behalf) to MHPC. MHPC is not obliged
to return ads or ad materials EO Advertiser and MHPC is not responsible for any d2mage or loss to any ads. copy, dmvings, an or any other rnaL1erials
provided by Advertiser. .
Copyript.'l. Advertiser hereby grants a non-ex:clusive license to MHPC for all copyrigh!5 and ownership rights in any advenisemenc of Advertiser
submitted Cor insertiOD in any publication ofMHPC, including the right, to' publish, reproduce, display, adapt. ttansmit. or produce deriV21ive works in any
medium, including any digital electrolric medium Advefli!er authorizes MHPC to bring suit in MHPCs discretion aoc:1 at MHPC's expense for any
, unauthorized use., reprocIaction, display, distribution. or petfol"mSllCC of adverdsemeDt as it appears ill the Newspapers or for its UIJaIltbcrized alteration.
AcceptanceIReJedloll or AdTel1isiDg. MHPC reserves the right to revise. aller or ~ect my advertisement (or any reason wbatsoc:ve:r, or to omit ads
without uotice. MHPC may cancel. any ad. at its sole disaetion, even if pre'Yicusly acc:cpCcd fur plIblication. AdYenising copy not timely submitted by
Advertiser win be excluded. Special position for advertising is not gummfl:CCl but may be available for a premium and if agreed to in writing.
. Pub6cation Errors and Omissious. MHPC is IIOt liable for any omission of all or any portion of any ad, nor is MliPC responsible for oniers, cancellations
or co~ons given by telephone, facsimile or telegraph. MHPC is also DOt liable for any error in a published ad I11Ilcss an advertising proof is requested in
writing, Advertiser clearly marks any error in the advertiSing proof for corrections, and MHPC is notified of the cnor in sufficient time before publication.
in which case Advertiser's sole remedy is an appropriate credit to the extent of the mor up to lbe CQSt of the :first insertion of the ermr (if there is more than
one incorrect insertion, credit sball be allowed only for tbe first incorrect insenion).
MHPC's Rights :Bqardiog Ma:baalc:al Specificalions. The Newspaper reserves tbe right to- Iller any adveJtising DWerial due to press/production
reqUirements. This reservation of right includes the Newspaper's right to reduce the si7~ of any 8dvcrtiscment as long as the advertiSeuJe1l.t maintains the
same proportion of the entire page. Advertising will be billed. bascti on the space reservedlordered.
Unavoidable Nonperformance. MHPC is not liable for failure to publish ads or distribute its publications because of flood, fire, riots. strikes. tmnrists,
StOmlS. aholtlgcs of material, orders of gov~ failure of transponar:ion. acts of God or other causes beyond MHPC's control In such an event, this
Agreement will be extended for a period equal to tbc time during which such pcrfo1mance was not possible.
MiscclJmeous. Plonck law shall govern the enfotccment and interpretation of this Agreement, without regacd to any conflict of 1a\V priDcipJes. 1:'he panics
agree to submit to rhc exclusive jurisdictiOll of a cour.t of competent jurisdiction located in Miami-Dade County, Florida. This Agreement may be e.xeCllted
-in ooe or more counmparts, each of which shall COOSt1UltC an original md aU of which sbal1 cons1itlltc one and the same document A legible facsimile
copy of this Agreement when tUlly ~ccuted shall be considered an original capy of Ibis Ag1eement Advertiser rqnsents and warrantS to MHPC that; (i)
no additional con.~s, approvals or corpontc actions are fteces58l}' for Advertiser ID eIlter into this Agreement; (ii) eltecutioD of this Agreement by
Advertiser will not cause a breach or defwlt in any or:ber agreement to which Advertiser is a party; and, (iil) Advertiser is not insolvent. In the event of a
fiIiDg by or against Advertiser of. petition. under tIJe Bankruptcy Code, in its sole disaetiou, MHPC may Q> discontinue Advertiser's advertising; (ii)
dcmatId advance payment; or, (ill) temJinate all sgreCJDeDts with Adv=tiscr. This Agreement and. any exhibilS ar:tached hereto contain the entire
understanding between the putie$ and. supersede any prior writteo or oral mders[aDdings, as well agreements, between them regarding the subject matter.
This AgreemenlshaU not be modified ~t in writiug signed. by the: parties. 'Ibis Agr:eeJllet\t sl1all be bindiog l1pOIl and inure to !be benefit of the parties
.herero and their respective pennitfJed S\1CC:Cssor and assigns. The Agreement may not be assigned (by operation or law or ~ise) by AdveJiiscr. In the
event Ibat any provision mnt:lined in this Agreemen.t or Ihc application thereto ro any ci.rcum$tance is for any reason held to be invaijd or uneDfotceable,
such PNvision shall be: ineffective to the minimum extent of such invalidity or unenfon:eabiltl)' and the remainder of this Agreement wUl remalD valid and
enforceable according to il! tc:mJs.
LlMlTATION OF UABD..ITY. IN' nlE EVENT OF ANY ALLEGED BItBACH BY MHPC OF THE AORE.EMENT OR ANY OTHER. CLAIMS BY
ADVERTISER. OR ANY O'I'HER PART'(, MHPC SHALL IN NO EVENT BE LIABLE FOIt SPECIAL OR CONSeQUENTIAL DAMAGES. 'UNDER
NO CIRCUMSTANCES SRALL MHPC BE UABLB FOR DAMAGES IN EXCESS OF 1HB LESSER OF AN AMOllNT WHICH (I) EXCEEDS OF
THE COST OF THE ADVEB.TISEMENTj OR, (tt) nIB AMOUNT ACl1.TALLY PAID BY ADVERTISER TO MHPC. MHPC's fA YMENT Of SUCH
AMOUNT SHAlL BE ADVBRTlSBR'S EXCLUSIVE REMEDY AND AGRBBD UPON UQUlDATE.D DAMAGES. MHPC HER.eBY nlSC1.AJMS
ANYWARRAN'l1ES NOT SPECIFICALLY SET FORm JNTHIS AGREEMENT AND ADVER.TISER WAIVES ALLonmR REPRESENTATIONS
AND WARRANl'IES, EXPRESS, lMPLIBD, STAroTOR,Y OR ARISING BY COURSE Of DBALlNG OR PERFORMANCE, CUSTOM. USAGE IN
lHB TRADE OR OTImRWIS:E.
1219/15/212103
14:51
kev 7.9.02
Sos+Hr rs[F City Commission
City of Sunny Isles Beach David Samson,Mayor
° �r ' . 17070 Collins Avenue, Suite 250 Norman S.Edelcup,Vire Mayor
�+ ,,c Gerry Goodman,Commissioner
;'. +' ^ Sunny Isles Beach,Florida 33160
SAI) Danny Iglesias,Commissioner
�`-� ;: Lila Kauffman,Commissioner
• t ' 1305) 947-0606 City Hall Christopher J.Russo,City Manager,oma . 1305) 947-2150 Building Department Lynn M.Danohelsser,City Attorney
4 y OF su uero'' (305) 949-3113 Fax Jane A.Hines,Acting City Clerk
MEMORANDUM
To: The Honorable Mayor and CityCommission
From: Jane A. Hine r
Acting City Clerk
Date: September 18, 2003
Re: Resolution Approving an Agreement with The Miami Herald for Advertising
Services
RECOMMENDATION:
It is reconnnended that the City Commission adopt the attached Resolution approving an
agreement with The Miami Herald for advertising services.
REASONS:
The current contract with The Miami Herald expires on September 22, 2003. There are legal
obligations that require us to occasionally use The Miami Herald or Neighbors section for legal
public noticing. Additionally when Special City Commission Meetings are scheduled, we do not
have much flexibility to use other publications and still meet the noticing deadlines.
Given the fact that several times a year we will be required to use The Miami Herald, by signing
an annual volume contract rate Agreement we can achieve some discount in the advertising rates.
Agenda Item q IA
Date 9- 11- 03