HomeMy WebLinkAboutReso 2011-1685
RESOLUTION NO. 2011- \ t.~~5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST
AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SUNNY
ISLES BEACH AND MILLER PUBLISHING, INC. D/B/A COMMUNITY
NEWSPAPERS, FOR ADVERTISING SERVICES, IN A TOTAL
AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS
($30,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE MAYOR TO EXECUTE SAID AMENDMENT TO AGREEMENT;
AUTHORIZING THE CITY MANAGER 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, 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 the cost of Seven
Hundred Fifty Dollars ($750.00) per issue, and has automatically renewed for additional one-year
terms; and
WHEREAS, the City Commission now wishes to amend the Agreement with Miller
Publishing to not distribute or deliver other community newspapers published by Miller
Publishing within the boundaries of the City of Sunny Isles Beach during the term of this
Agreement or any extensions thereof; and
WHEREAS, the City Commission wishes to amend the 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 amount not to exceed to Thirty
Thousand Dollars ($30,000.00), attached hereto as Exhibit "A"; and,
WHEREAS, the City Commission wishes to approve the First Amendment to Agreement
with Miller Publishing, Inc. d/b/a Community Newspapers, to publish articles, bulletins, City
Commission Meeting agendas, and other related matters, in order to 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. Incorporation of Recitals. The recitals set forth III this Resolution are
incorporated herein by reference as if fully set forth herein.
R2011- Advertising Agmt w/Miller Publishing
Section 2. Approval of First Amendment to Agreement. The City Commission hereby
approves the First Amendment to Agreement with Miller Publishing, Inc. d/b/a Community
Newspapers, for advertising City services, in a total amount not to exceed Thirty Thousand
Dollars ($30,000.00), attached hereto as Exhibit "A".
Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said First
Amendment to Agreement.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 23rd day of February 2011.
fATTEST: .
~~
Jane A. Hines, CMC, City Clerk
Seconded by:
l1~~ Scl\DLL
Yl~ m~y ~\\\.-~
Moved by:
Vote: S-b
Mayor Ede1cup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
-kL-(Y es)
-l/(Yes)
-v(Yes)
:;;JY es)
(Yes)
_(No)
_(No)
_(No)
(No)
_(No)
R2011- Advertising Agmt w/Miller Publishing
2
OF SUI'l
FIRST AMENDMENT TO CITY OF SUNNY ISLES BEACH
AND MILLER PUBLISHING, INC. D/B/ACOMMUNITY
NEWSPAPERS AGREEMENT
CONTRACT NO. CI011-015
THIS FIRST AMENDMENT TO THE MILLER PUBLISHING, INC. D/B/A COMMUNITY
NEWSPAPERS AGREEMENT, executed this 2-3.~ay of ~~_, 2011, is made a part of the original
Agreement between the parties, dated November 30, 2002, attached hereto as Attachment "A" and incorporated
herein, approved via Resolution No. 2002-474 between the City of Sunny Isles Beach ("City") and Miller
Publishing, Inc. d/b/a/Community Newspapers ("Contractor"), a business corporation licensed in the State of
Florida, whose Federal Identification # is . The City and Contractor hereby agree as follows:
1. ADDITIONAL SCOPE OF WORK: The City wishes to add to the original Agreement with the
Contractor to include the expansion of the newspaper from eight (8) pages to ten (10) pages ("Services") as more
fully described in Attachment "B", attached hereto and made a part hereof.
2. RESTRICTION ON DISTRIBUTION AND DELIVERY: The Contractor shall not distribute or deliver
other community newspapers published by Contractor within the boundaries of the City during the term of this
Agreement or any extensions thereof. Failure to comply with the restriction therein may result in the cancellation
of this Agreement.
3. COST: The Contractor agrees to charge an amount not to exceed One Thousand Two Hundred Fifty
Dollars ($1,250.00) per issue, twice per month/twenty four (24) issues per year, bringing the total amount not to
exceed Thirty Thousand Dollars ($30,000.00).
4. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms
and conditions of the Original Agreement between the parties, dated November 30, 2002 and approved via
Resolution No. 2002-474, attached hereto as Attachment "A", shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above.
.......
~N~SS~~ _
Slgnat~
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Print Name
MILLER PUBLISHING, INC. d/b/a
COMMUNITY NEWSPAPERS
BY /i_v t~ r
Signature and Title
WITNESSES:
Signature
Print Name
Exhibit "A"
RM AND
Y
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BXJUUII nAn
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CITY OF SUNNY ISLES BEACH
ADVERTISING AGREEMENT
nus AGREEMENT, entered into this ~ day of ~t..-c 2002, by and
between the CITY OF StlNNY ISLES BEACH (hereinafter referred as to nCiti') and
MILLER PUBLISHING, INC. D/B/A COMMUNITY NEWSPAPERS (hereinafter referred
to as "Co~tractor").
.
WHEREAS, Contractor publishes a newspaper tailored to the' needs of the residents of
the City of Sunny IsJes 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 tG enter into an advertisement agreement with Contractor to
publish .articles, buJJetins, 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. Recitab. 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.
J. Publication Date!. Contractor agrees to publish twenty-four (24)' issues of the .
newspaper within a one (1) year time period. Contractor shall not decrease the number of issues
published without the written consent of the City.
4. Compensation. As the entire compensation under this Agreement and during the terms
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 I of)
68
ATTACHMENT "A" r
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Ad "lrCl:mC:'ll-Millc:r Publishin& Inc:.
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5. Indemnification. Contractor shan indemnify the City from any and all claims due to the
negligence of Contnctor's employees, principals, and agents. The City agrees to indeJnni.ly
Contractor for any claim arising out of pages of unedited .materials submitted by the City.
6. Editorial RiEbtJ. It is tmderstood 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. Auinment. The rights of each party under this Agreement are personal to that party .
and ~aYDot be assigned or transferred to any other person, firm, 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 shaH automatically renew
for additional one-year terms, 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. GoverniD2 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. Attornev,,' Feu. 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. 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
~ri~~ .
12. Entire Ae:reement. This Agreement shall constitute the entire agreement between the
parties and any prior understCUlding 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 Dext page)
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69
Ad A.reemCllt.Miller PubliJhinl. I"e.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
dup~icate on the day and year first written above.
WITNESSES:
A ITEST;. .:. ~
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Richarfi Brown-Morilla, City Clerk
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Ad AlI'cc:mc:nl-Millcr Publish in.. Inc.
Page 3 of3
MILLER PUBLISHING, INe. d/b/a
COMMUNITY NEWSPAPERS:
BY: /~ C7
. Michael Miller
Executive Editor
Miller Publishing Inc.
6796 S. W. 62 Ave.
South Miami, FL 33143
BY:
David Samson, Mayor
APPROVED AS TO FOlt'\1 AND
LEGAL SUF CIENCY
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3ll3 Fax
70
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RESOLUTION NO. 2002-.E 1 LJ
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 MILL~R
PUBLISIDNG, INC. D/B/A COMMUNITY NEWSPAPERS, FOR
ADVERTISING SERVICES AT A COST OF SEVEN IRINDRED FIFrY
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 TIDS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Miller Publishing, Inc. d/b/a Commwtity 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 A2l'eement. 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 "Aft, be and the same, is hereby approved.
Section 2. Authorization of Mavor, 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. /!
4~<
David Samson,
R2002. Advertising Agmt wlMiller Publishing
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".~C~d B1f>wn-M~a, City Clerk
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Approved As to Form and
Legal Sufficiency~
C' --
Moved by: ,n~1rtUl/\ 0=..{')O hM~Il.J
Seconded by: Cle-,~~ F.b~LC..U.p
Vote: S -[;
Mayor Samson
Vice Mayor Iglesias
Commissioner Edelcup
Commissioner Goodman
Commissioner Kauffinan
~(Yes)
v (Yes)
~(Yes)
V(Yes)
-tL(Yes)
R2002- Advertising Agmt wlMiller Publishing
(No)
_(NO)
(NO)
_(NO)
_(NO)
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City of Sunny Isles Beach
17070 Collins A venue. Suite 250
Sunny Isles Beach, Florida 33160
(305) 9<t7-0606 City Hall
(305) '.9.] /1] nx
(305) '.7-2/50 Buildin( Department
(305) '.7-S 107 nx
City Co,",".
Dams IhYlrJ Saaoll, ,
NOnDID s. ~taIa., V-I('. J
C P,COIlInIir;
~iIa K~CDmmi.rJ
a_.1IIaD, CIIIIIIIIlitJ
Clarislap~ J. RIUIo' City .1
Lyaa M. Danahe ' ...01
- -. City Am
Richard Browa-MOri/fa, City I
MEMORANDUM
To: Mayor, Vice Mayor, and Commissioners
From: Alyce Hanson, Administrative Services Director ~
Through: Christopher J. Russo, City Manager
Date:
Re:
September 10.2002
Advertising Agreement
RECOMMENDATION:
It is recommended that the City Commission adopt the attached resolution approving an
advertising agreement with Miller Publishing, Inc.
REASONS:
Since Miller Publishing. Inc. publishes a newspaper tailored to the needs of the residents
of Sunny Isles Beach, the City wishes to enter into an advertising agreement with Miller
Publishing. Inc. to publish City articles. bulletins. and other related material. The City
will use this publication to inform the residents of services provided by the City.
ADDITIONAL INFORMATION:
Miller Publishing. Inc. agrees to publish 24 issues per year. and the City agrees to pay
$750 per issue ($18,000 per year). Funding for this advertising is available in the
Administrative Services Department budget.
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or
~:~ciC,,~,~~~-'-W~ COMMUNITY NEWSPAPERS ~~~
6796 SW 62nd Avenue / South Miami, FL 33143 · PO Box 43-1970 / South Miami, Fl33243-1970
(305) 669-7355 / E-MaI: cneditor@gale,net/ www.communilynewspapers.com
February 3, 2011
Mr. Jorge Vera
Acting City Manager
City of Sunny Isles Beach
18070 Collins Ave
Sunny Isles Beach, Florida 33160
Dear Mr. Vera,
It was a pleasure meeting with you, the Mayor and Stephanie early this
week. J hope our conversation will lead to a more effective and better
looking Sunny Isles Beach Sun.
As we discussed, we are pleased to be working with the City and look
forward to the new agreement, whereas Community Newspapers will
publish 10 pages, per issue, 26 times per year for $1,250 per issue.
Should the city desire to publish less than 26 times per year, the price per
issue would remain the same.
If you have any questions, please feel free to call me at 305-669-7030.
;gIY'//
~~~
Co-Publisher
COMMUNITY NEWSPAPERS
Avenlura News. Blscayne Bay Tribune. Coral Gables News. Community Newspaper, Cutler Bal' News. Doral Tribune.
Homestead News, Kendall Gazette, Palmelto Bay News, Pinecrest Tribune. Soulh Miami News, and Sunny Isre Beach Sun,
A TT ACHMENT "B"
S" t J
2/4/2011
1/
City of Sunny Isles Beach
.Finance Department
18070 Collins Avenue
Sunny Isles Beach FL 33160
,
J' SHIP
TO
v~.
COMMUNITY NEWSPAPER
VENDOR
P.O. BOX 431970
SOUTH MIAMI
FL 33243
18.00
MO
COMMUNITY NEWPAPER
10-520.5314B
Per
MTULLOCH
De rtment Head
1. Exempt from locsl, State, and Federallaxes.
2. C.O.D. or coRect shipments will not be acc;epted.
Ptaducedby Mm/nlatrDV8!ler1- lI403IIl5018100
Purchase Order
1/25/11
City of Sunny Isles Beach DATE
18115 North Bay Road 11- 0000258 -1 00
Sunny Isles Beach, FL 33160 No.
Tel: 305,792-1706 Fax: 305.792-1566
Purchase Order No. must appear on aU ,invoices,
, nd.encs sh '
750.00
13500.00
$13500.00
TOTAL
13500.00
Per
or
Mana er
3. Substitutions will not be accepted without prior approval.
4. Normal receiving hours are Monday - Friday, 8:30 a.m. to 5:00 p.m.
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The delivery of the goods and/or services within the time specified is of the essenc:e of this Purchase Order. Buyer
shall have the right to cancel any or all item(s) without obligation if delivery Is not made on or before the time(s)
specified. In the event SeIer fails to make timely shipment. Buyer shall have the right to purchase elsewhere and
unless the delay was caused by unforeseeable circumstances beyond Seller's control, Seller shall reimburse
Buyer for any additional charges incuRed,
All purchases are F.O.B. destination. freight prepaid by Seller unless otherwise stated on the Purchase Order.
Collect shipments will not be accepted. Calculatlona for invoice payment will be calculated from the date Buyer
receives the invoice. All packages MUST BEAR THE BUYER'S PURCHASE ORDER number on the shipping label.
The risk of loss, injury or destruction, regardless of the cause shall be borne by the Seller until delivery of goods
to the specified destination, and Inspection and acceptance of the goods by Buyer. Rejected goods will be returned
to SeIer at SeRer's risk and expense. TiUe of goods shall pass to Buyer upon acceptance.
Seller warrants that the goods, services and/or workmanship fumlshed and/or delivered pursuant to this Purchase
Order shall:
(8) Conform In all respect to the description and specifications contained In this Purchase Order;
(b) Be merchantable and fit for the ordlnary purposes far which such goods are used or intended to be used;
(c) Be new and not secondhand, or good quality and free from defects whether latent or patent In
material or workmanship; all material and wOrkmanship Is warranted for a minimum of one (1) year from date
of acceptance by Buyer unless otherwise stipulated herein;
(d) Be free from any security interests, liens or encumbrances; Seller warrants that It has good and marketable
title to the goods delivered hereunder;
(e) Comply with the requirements of an applicable federal. state and municipal laws and regulations;
(f) Not Infringe upon or violate' any copyrights or patent rights.
No warranty, either express or implied, may be modified, excluded or disclaimed In any way by Seller. All warranties
shall remain In tul force. notwithstancing acceptance and payment to Buyer.
(5) Seller shall indemnify, defend and hold harmless Buyer for all damages, losses and liabilities arising out of (1)
the operations of Seller pursuant to this Purchase Order including but not limited to those caused by or arising
out of a defective condition in the goods, whether patent or latent, provided that such defect existed at the time of
shipment by Seller; (2) infringement of any United States patent, trademark or copyright for or on account of the use
of any produd sold to the Buyer, and/or (3) any negligent act. error or omission by the Seller, or its employees,
agents, subcontractors or assignees in connection with services performed under this Purchase Order. SeHer agrees
to pay all damages, costs and attorney's fees Incurred In the defense of any such claim.
(6) Buyer, adlng through its CIty Manager or designee, reseJVes the right to tenninate this order In whole or in part for
default if (a) Seller fails to perform in accordance with any of the requirements of this order or (b) Seller becomes
Insolvent or Buspends any of Its operations of if any petition is filed or proceeding commenced by or against Seller
under any State or Federal Law relating to bankruptcy, reorganization, receivership or assignment for the benefit of
aeditorB. Any such termination shall be without liability to the Buyer except for completed Items delivered or
accepted by the Buyer. In the event of default by the Seller, Buyer may procure the articles or services covered by
this order from other sources and hold the SeRer responsible for any excess costs occasioned thereby, In addition to
aU other available remedies at law or equity.
(7) Buyer Is exempt from Federal and State Taxes.
(8) Seller shall comply with all applicable federal, state and local laws, rules and regulations, including but not limited to
the Fair Labor Standards Act and Equal Opportunity Provisions of Executive Orders. Seller must comply with the
requirements under Chapter 442, Florida Statutes, that any toxic substance delivered as a part of this order
must be accompanied by a Material Safety Data Sheet (M.S.D.S.).
(9) This Purchase Order shall be governed and construed accordlng to the laws of the state of Florida. All parties to this
Purchase Order shan submit to the jurisdiction of any Florida state or federal court In any action or proceeding arising
out of, or relating to, this order or the perfonnance of work hereunder. Venue of any action to enforce this order or
the performance of work hereunder shall be in Miami Dade County, Florida. If Buyer or Seller shall be required to
enforce the tenns of this order by court proceedings or othetWlse. whether or not formal legal action Is required, the
prevailing party shall be entitled to recover from the other party all such costs and expenses, induding but not limited
to, costs and reasonable attorney's fees.
(10) This Purchase Order contains the entire understanding of the parties relating to the subject matter hereof,
supersecing all prior communications. This Purchase Order may not be changed except by written amendment
signed by authorized agents of botli Buyer and Seller. Seller Is expressly prohibited from delegating its duties and
obligations or transferring or assigning its rights hereunder without the prior written approval of Buyer.
(11) Any Shipment made in accordance with this Purchase Order constitutes an acceptance of the foregoing conditions.
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STANDARD TERMS AND CONDITIONS OF
PURCHASE ORDER AGREEMENTS
(1)
(2)
(3)
(4)
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