HomeMy WebLinkAboutReso 2007-1133
RESOLUTION NO. 2007- Jl33
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, RATIFYING THE APPROVAL OF AN
AGREEMENT WITH THE MIAMI HERALD MEDIA COMPANY, FOR
RET AIL ADVERTISING SERVICES; 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 of which we have a current retail advertising
contract; 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, staff entered into a retail, annual volume contract rate to advertise in the
Miami Herald, Metro section which allowed the City to achieve a rate discount for the recent
Atlantic Isle Special Assessment notices; 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 I. Ratify the Approval of Agreement. The City Commission hereby ratifies the
approval of the Retail Advertising Agreement with the Miami Herald Media Company for
publishing certain legal public notices at a discounted retail, annual volume contract rate,
attached hereto as Exhibit "A".
Section 2. Authorization of City Clerk and City Manager. The City Clerk and the City
Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution.
Section 3.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED on this 19th day of July 2007.
R2007- Ratity Advertising Agmt Miami Herald.Doc
Page I of2
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/ . ATTEST: .
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"':". Jane A. Hines, CM,G, City Clerk
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Vote: S-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
v (Yes)
~Yes)
~Yes)
(Yes)
E(Yes)
R2007- Ratify Advertising Agmt Miami Herald.Doc
Moved by:
Seconded by:
_(No)
_(No)
_(No)
_(No)
_(No)
Page 2 of2
-)\0 MfV'1O~ IHA-Lu:
CoW\N\. \,' I oruCCA.e 'IG L<i:.Si ItS
The Miami Herald Media Company
(referred to as "MHMC")
One Herald Plaza, Miami, Florida 33] 32-] 693
RETAIL ADVERTISING AGREEMENT
Advertiser:City of Sunny Isles Beach #058794105
Company:
Address: 18070 Collins Avenue
City/State/Zip: Sunny Isles Beach, FL 33160
1st Run Date: 1st day of _, 200_ or Date _6/l/07_until: Contract End Date:
Term of Agreement.
5/31/08
RETAIL ADVERTISING IN THE MIAMI HERALD AND THE BROWARD EDITIONS OF THE MIAMI HERALD.
BULK LINEAGE (AUTOMATIC ANNUAL RENEWALS)
_XX_Retail Bulk advertising in the MIAMI HERALD with a minimum of _75_inches annually.
Retail Bulk Advertising in EL NUEVO HERALD with a minimum of inches annually.
Retail Bulk Advertising in the MIAMI HERALD/EL NUEVO HERALD COMBO with a minimum of inches annually,
FREQUENCY (NOT SELF-RENEWING)
HERALD TV WEEK
_NEIGHBORS
HOMETOWN HERALD
BROW ARD LOCAL
PREPRINT ADVERTISING
_DOMINGO SOCIAL/VIERNES
INTERNATIONAL EDITION
WEEKEND
Publish advertising _ times within a maximum of weeks.
Publish advertising _ times within a maximum of weeks.
Publish advertising _ times within a maximum of weeks.
Publish advertising _ times within a maximum of weeks.
Publish advertising _ times within a maximum of weeks.
Publish advertising _ times within a maximum of weeks.
Publish advertising _ times within a maximum of weeks.
Publish advertising _ times within a maximum of weeks.
Publish advertising _ times within a maximum of weeks
OTHER Publish advertising times within a maximum of weeks,
Payment Terms. All invoices (including applicable sales taxes) are due on the 20th of the month following insertion(s)and ifnot paid by
the 30th day of the month following the date of insertion(s) will be late (except for accounts designated by MHMC as weekly which are
due within 7 days of the invoice date), Late amounts will bear interest at the maximum rate allowed by law. Advertiser shall pay all
applicable taxes. If any invoice is not timely paid, then MHMC 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] st Run Date will be re-invoiced
to reflect the Corrected Rate, as described herein. All disputes of any kind must be reported in writing to MHMC no later than 30 days
from the date the invoice containing such disputed item or such item will be deemed correct and conclusively accepted by Advertiser.
Advertiser waives any claim after said 30-day period. Submission of a written dispute notice by Advertiser shall not relieve Advertiser of
its obligation to timely pay all undisputed amounts, Credits, refunds or payments must be used or claimed within 2 years from the date of
such credit, refund or payment or shall be deemed to have been earned and correctly applied or paid. Unless agreed in writing, multiple
discounts shall not apply for the same advertising purchase, MHMC is not obligated to extend credit to Advertiser unless in writing. If
Advertiser breaches this Agreement, Advertiser agrees to pay all ofMHMC's collection agency fees and expenses, investigation, court
and litigation expenses 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,
Obligations of Advertiser. Advertiser agrees to indemnify MHMC for any and all costs, claims, damages, and/or liability claimed
against or incurred by MHMC as a result ofMHMC's publication of any ad copy submitted by Advertiser (or submitted on behalf of
Advertiser) to MHMC. Advertiser represents, warrants and guarantees that any ad copy so submitted to MHMC is accurate, truthful and
in compliance with all copyright laws and all other applicab]e laws and regulations,
Waiver of Jury Trial. ]n any action to enforce or interpret this Agreement, Advertiser and MHMC waive a trial'by jury.
Additional Terms and Conditions. This Agreement is subject to: (i) the Advertising Tenns and Conditions attached hereto; the
applicable MHMC rate card; and, (iii) MHMC's publication deadlines, policies and procedures, all as amended by MHMC from time to
time. Rates may be amended by MHMC upon 30 days' written notic~ to Advertiser,
Agreed and Accepted in Miami, F]orida, to be effective as of the] 51 Run Date set forth above.
A legible facsimile copy of this Agreement w en fully executed shall be considered an original copy of this Agreement.
Ady. i ,/ If ~ THE MIAMI HERALD MEDIA COMPANY
By: 0 V!t~
( e signed by Principal afFirm)
Print Name:
Norman S. Edelcup
Renewal E:ll
MHMC Internal Use Only:
Account No:
Agency:
Rev 6-26-06
By:
Advertising Manager
Sales Rep Name:
New Account E:ll
Exhibit "A"
SIB
ADVERTISING TERMS AND CONDITIONS
Contract Terms. Advertiser must consume and pay for the minimum space indicated herein within one year from the 151 Run Date (the "Minimum
Amount"). Part-run lineage will be credited to full-run contract achievement at a ratio of25%. EI Nuevo Herald is credited on a 100% level for Real Estate,
and 25% level for Employment). 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 billed for all advertising during the Term at the applicable then current standard published rate card rate (the "Corrected-
Rate", previously referred to as "SHORTRA TE"). Advertiser will pay MHMC any such Corrected-Rate balance immediately, Advertiser agrees to pay this
Corrected-Rate in addition to all amounts paid or payable by Advertiser under this Agreement. Payment of any Corrected-Rate does not count toward the
Minimum Commitment.
Earned Rating/Agreement Review. Advertisers will be billed at the earned rate for advertising purchased. Earned Rate means the lineage or inch level
reached by Advertiser at the conclusion of the then expiring term of the Agreement. If an advertiser satisfies the lineage, revenue or frequency level required
of their contract and qualifies for a lower earned rate, they will be billed the lower earned rate beginning the next billing period, No advertiser will receive
an automatic rebate on past advertising purchases solely by qualifying for a lower earned rate during the contract term. Bulk Lineage agreements are
automatically renewed for successive 12 month periods at the Earned Level unless (i) Advertiser failed to meet the lineage/frequency requirements in any 12
month period or, (ii) either party gives written notice of cancellation at least 30 days prior to the anniversary date of the Agreement. MHMC reserves the
right to review the volume of advertising placed on a quarterly basis and cancel this contract at its sole discretion, if advertising placed falls _% or more
below the quarterly average of lineage or revenue needed to fulfill the twelve-month contract amount. Failure of MHMC to review the volume of
advertising or cancel the contract for any reason shall not be deemed a waiver of the right to cancel in the future or to impose any applicable rate
adjustments.
Ownership of Ads. MHMC retains all rights of ownership in and to all advertisements designed or created by MHMC. Advertiser grants MHMC a non-
exclusive license to publish all camera-ready advertisements provided by Advertiser (or provided on Advertiser's behalf) to MHMC. MHMC is not obliged
to return ads or ad materials to Advertiser and MHMC is not responsible for any damage or loss to any ads, copy, drawings, art or any other materials
provided by Advertiser.
Copyrights. Advertiser hereby grants a non-exclusive license to MHMC for all copyrights and ownership rights in any advertisement of Advertiser
submitted for insertion in any publication of MHMC, including the right to publish, reproduce, display, adapt, transmit, or produce derivative works in any
medium, including any digital electronic medium. Advertiser authorizes MHMC to bring suit in MHMC's discretion and at MHMC's expense for any
unauthorized use, reproduction, display, distribution, or performance of advertisement as it appears in the Newspapers or for its unauthorized alteration.
AcceptancelRejection of Advertising. MHMC reserves the right to revise, alter or reject any advertisement for any reason whatsoever, or to omit ads
without notice. MHMC may cancel any ad at its sole discretion, even if previously accepted for publication. Advertising copy not timely submitted by
Advertiser will be excluded. Special position for advertising is not guaranteed but may be available for a premium and if agreed to in writing.
Publication Errors and Omissions. MHMC is not liable for any omission of all or any portion of any ad, nor is MHMC responsible for orders,
cancellations or corrections given by telephone, facsimile or telegraph, MHMC is also not liable for any error in a published ad unless an advertising proof
is requested in writing, Advertiser clearly marks any error in the advertising proof for corrections, and MHMC is notified of the error in sufficient time
before publication, in which case Advertiser's sole remedy is an appropriate credit to the extent of the error up to the cost of the first insertion of the error (if
there is more than one incorrect insertion, credit shall be allowed only for the first incorrect insertion).
MHMC's Rights Regarding Mechanical Specifications. The Newspaper reserves the right to alter any advertising material due to press/production
requirements, This reservation of right includes the Newspaper's right to reduce the size of any advertisement as long as the advertisement maintains the
same proportion ofthe entire page. Advertising will be billed based on the space reserved/ordered,
Unavoidable Nonperformance. MHMC is not liable for failure to publish ads or distribute its publications because of flood, fire, riots, strikes, terrorists,
storms, shortages of material, orders of government, failure of transportation, acts of God or other causes beyond MHMC's control. In such an event, this
Agreement will be extended for a period equal to the time during which such performance was not possible.
Miscellaneous. Florida law shall govern the enforcement and interpretation of this Agreement, without regard to any conflict of law principles, The parties
agree to submit to the exclusive jurisdiction of a court of competent jurisdiction located in Miami-Dade County, Florida, This Agreement may be executed
in one or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same document. A legible facsimile
copy of this Agreement when fully executed shall be considered an original copy of this Agreement. Advertiser represents and warrants to MHMC that: (i)
no additional consents, approvals or corporate actions are necessary for Advertiser to enter into this Agreement; (ii) execution of this Agreement by
Advertiser will not cause a breach or default in any other agreement to which Advertiser is a party; and, (iii) Advertiser is not insolvent. In the event of a
filing by or against Advertiser of a petition under the Bankruptcy Code, in its sole discretion, MHMC may (i) discontinue Advertiser's advertising; (ii)
demand advance payment; or, (iii) terminate all agreements with Advertiser. This Agreement and any exhibits attached hereto contain the entire
understanding between the parties and supersede any prior written or oral understandings, as well agreements, between them regarding the subject matter.
This Agreement shall not be modified except in writing signed by the parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective permitted successor and assigns. The Agreement may not be assigned (by operation of law or otherwise) by Advertiser. In the
event that any provision contained in this Agreement or the application thereto to any circumstance is for any reason held to be invalid or unenforceable,
such provision shall be ineffective to the minimum extent of such invalidity or unenforceability and the remainder of this Agreement will remain valid and
enforceable according to its terms,
LIMITATION OF LIABILITY. IN THE EVENT OF ANY ALLEGED BREACH BY MHMC OF THE AGREEMENT OR ANY OTHER CLAIMS BY
ADVERTISER OR ANY OTHER PARTY, MHMC SHALL IN NO EVENT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES. UNDER
NO CIRCUMSTANCES SHALL MHMC BE LIABLE FOR DAMAGES IN EXCESS OF THE LESSER OF AN AMOUNT WHICH (I) EXCEEDS OF
THE COST OF THE ADVERTISEMENT; OR, (II) THE AMOUNT ACTUALLY PAID BY ADVERTISER TO MHMC. MHMC's PAYMENT OF
SUCH AMOUNT SHALL BE ADVERTISER'S EXCLUSIVE REMEDY AND AGREED UPON LIQUIDATED DAMAGES. MHMC HEREBY
DISCLAIMS ANY WARRANTIES NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT AND ADVERTISER WAIVES ALL OTHER
REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALING OR PERFORMANCE,
CUSTOM, USAGE IN THE TRADE OR OTHER WISE, ~
Initial
Rev 6-26-06
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
h.A....."'" AA~ ~
HANS OTIINO'f, CITY ATTORNEY
SIB
~ ..
OF SU....
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5 107 Fax
City Commission
Norman S. Edeleup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
File
~.w~
Priscilla Walker, CMC, Deputy City Clerk
July 23,2007
Approval of Advertising Agreement with Miami Herald
At its regular meeting of July 19, 2007, the City Commission adopted Resolution No. 2007-
1133, which approved an advertising agreement with Miami Herald. Three (3) original
agreements were sent to the Miami Herald for signature, but to date, have not been returned;
however, the agreement remains in effect.
Thank you.
/pw
Miami Herald Advertising Agrmt Memo
TO:
VIA:
FROM:
DATE:
Re:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Roslyn Brezin, Commissioner
(305) 947-0606 City Hall
(305) 949-3 113 Fax
(305) 947-2150 Building Department
(305) 947-5 107 Fax
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC City Clerk
MEMORANDUM
The Honorable City Commission
A. John Szerlag, City Manager
~~.~
Jane A. Hines, CMC, City Clerk
July 19,2007
A Resolution Ratifying the Approval of an Agreement with the Miami Herald
for Advertising Services
RECOMMENDATION:
It is recommended that the City Commission adopt the attached Resolution ratifying the approval
of an agreement with the Miami Herald for advertising services.
REASONS:
Recently, the City had a statutory requirement to place legal notices in the main section of a
newspaper of general circulation. Staff determined that this meant the notices had to be placed
in the Metro section of the Miami Herald.
The City has an agreement with the Miami Herald for discounted advertising rates for the
Neighbors section, and this has been a cost-saving measure for the City. As such, staff
recommends the City enter into an agreement with the Miami Herald for discounted advertising
rates for the Metro section, effective June 1, 2007 to May 31, 2008. The discounted rate is
$150.00 per column inch versus the $207.50 regular rate. A copy of the Agreement is attached
hereto as Exhibit "A" to the Resolution.
The total amount of this agreement will be based on the number of ads placed throughout the
year, which we anticipate will be in a total amount not to exceed $20,000 for our regular
advertising needs. Further, certain notice advertisements, such as Zoning notices and Special
Assessment notices, will be charged directly to the affected party (i.e., City departments,
projects, developers, etc.).
Funding is available in the City Clerk's Advertising Account #10-0516-5480.
Cover Memo Ratity Miami Herald Ad Agmt.Doc