97-22473 RESO
RESOLUTION NO. 97-22473
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH ART DECO TROPICAL FOR THE
PURCHASE OF PUBLIC ADVERTISEMENTS IN A SPANISH-LANGUAGE
PERIODICAL.
WHEREAS, the City has recognized a need to publish public advertisements in Spanish-
language periodicals in an effort to notify and inform the Hispanic community of job
announcements, public hearings, and/or other public information; and
WHEREAS, pursuant to Request for Proposals No. 70-96/97 entitled "Purchase of Public
Advertisements in a Spanish-Language Periodical", issued on March 7, 1997, five responses were
received and opened on March 21, 1997; and
WHEREAS, on April 16, 1997, as recommended by the appointed evaluation committee,
the Mayor and the City Commission selected the proposal submitted by Art Deco Tropical as the
top-ranked proposal; and
WHEREAS, based upon negotiations held on June 20, 1997, the Administration and Art
Deco Tropical have negotiated the attached Agreement for publishing public advertisements in a
Spanish-language periodical.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Mayor and City Clerk to execute the attached Agreeme between
the City and Art Deco Tropical, to publish public advertisements in a Spanish-language riodical.
ATTEST:
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CITY CLERK
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APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
PASSED and ADOPTED this 16thday of July, 1997..
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Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLOR!DA 33139
http:\\cLmiami-beach.f1.us
COMMISSION MEMORANDUM NO. 508-<11
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: July 16, 1997
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: A Resolution of th ayor and City Commission of the City of Miami Beach,
Florida, Approving and Authorizing the Mayor and City Clerk to Execute an
Agreement with Art Deco Tropical, Pursuant to RFP No. 70-96/97 for the
Purchase of Public Advertisements in a Spanish-Language Periodical.
ADMINISTRATION RECOMMENDATION:
To approve the Resolution.
BACKGROUND:
On April 16, 1997, the City Commission accepted the recommendation made by the City Manager
and authorized negotiations with Art Deco Tropical for a contract for the purchase of public
advertisements in a Spanish-language periodical. This contract shall be for a one-year period, with
two one-year renewal options at the sole discretion of the City.
Some of the key factors which led to the selection of Art Deco Tropical as the top-ranked publication
are the following:
· demonstrated the ability to publish on a weekly basis
· documented circulation of at least 10,000
· provided regularly scheduled distribution dates
· demonstrated a "general news" format
· proposed a reasonable fee schedule.
ANALYSIS:
Contract negotiations were held on June 20, 1997, with the following agreement being reached:
-Deadline to submit ads is Tuesday, 5:00 p.m.; any corrections must be submitted to Art Deco before
5:00 p.m. on Wednesday, to be published in the Thursday edition of the same week.
-All advertisements from the City will be placed on the same page, or on contiguous pages.
AGENDA ITEM
c.. '1 :5
DATE~
RFP No. 70-96/97
Page Two
July 16, 1997
ANAL YSIS: (Continued)
-A headline announcing "News and Job Opportunities from the City of Miami Beach" will be
printed on the first page of the publication, indicating the page where City ads are located. There
will be no charge for this feature.
- The Human Resources Department will be charged $36.00 per position advertised, including
translation and logo.
- The following rates will be paid for all other ads:
Cost to City from Art Deco Tropical
$300.00 Full Page
$150.00 Y2 Page
$100.00 1/3 Page
$ 75.00 1/4 Page
$ 60.00 1/6 Page
$ 37.50 1/8 Page
$ 30.00 1/10 Page
Cost to City from El Herald
$2,591.00
$2,548.13
$1,189.13
$ 604.00
- There will be a translation fee of $.08 per word, counting only words of four letters or more.
-Art Deco Tropical will provide publicity for City projects at no charge - estimated at six half-page
articles and six headlines on the first page per year, in addition to press releases.
CONCLUSION:
The Administration recommends authorizing the execution of the proposed Agreement.
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
ART DECO TROPICAL
FOR THE PURCHASE OF PUBLIC ADVERTISEMENTS IN A
SP ANISH-LANGUAGE PERIODICAL
THIS AGREEMENT made and entered into this 16th day of July , 1997, by
and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), having
its principal offices at 1700 Convention Center Drive, Miami Beach, Florida and ART DECO
TROPICAL, (hereinafter referred to as Contractor), whose address is 235 Lincoln Road, Suite 306
Miami Beach, FL 33139.
SECTION 1
DEFINITIONS
This written Agreement between the City and Contractor.
"City Manager" means the Chief Administrative Officer of the City.
All services, work and actions by Contractor performed pursuant to this
Agreement and as specifically described in Section 2 and Exhibit "A" herein.
Proposal Documents: Proposal Documents shall mean the a) Request for Proposals No. 70-96/97
(RFP No. 70-96/97) to provide Public Advertisements in a Spanish-Language
Periodical, issued by the City, in contemplation of this Agreement, together
with all amendments, and b) the Contractor's proposal and response
(Proposal) which is incorporated by reference in this Agreement and made
a part hereof.
Agreement:
City Manager:
Services:
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SECTION 2
SCOPE OF WORK
The scope of work to be performed by Art Deco Tropical is set forth in Exhibit "A," entitled "Scope
of Services" (Services).
SECTION 3
COMPENSATION
3.1 Fees
Contractor shall be compensated for the Services performed herein, pursuant to the rate
schedule set forth in Exhibit "A" hereto.
3.2 Method of Payment
Payment shall be made within thirty (30) days of submission of invoices to the ordering City
agencIes.
SECTION 4
GENERAL PROVISIONS
4.1 Responsibility of Contractor
With respect to the performance of the Services, Contractor shall exercise that degree of skill,
care, efficiency and diligence normally exercised by recognized professionals with respect to the
performance of comparable Services. In its performance of the Services, Contractor shall comply
with all applicable laws and ordinances, including but not limited to, applicable regulations of the
City, County, State, Federal Government, ADA, EEO Regulations and Guidelines.
4.2 Public Entity Crimes
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida
Statute on Public Entity Crimes shall be filed with the Procurement Division.
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4.3 Duration and Extent of A2reement
The term of this Agreement shall be for a period of one (I) year from the date of execution
of this Agreement. Additionally, there shall be two one-year renewal options, at the sole discretion
of the City.
4.4 TERMINATION
4.4.1 Termination for Cause
If Contractor shall fail to fulfill in a timely manner, or otherwise violate, any of the
covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the
right to terminate this Agreement. Prior to exercising its option to terminate for cause, the City shall
notify Contractor of its violation of the particular terms of this Agreement, and shall grant Contractor
seven (7) days to cure such default. If such default remains uncured after seven (7) days, the City,
upon three (3) days notice to Art Deco Tropical, may terminate this Agreement.
4.4.2 Termination for Convenience of City
Notwithstanding Section 4.4.1, the City may, for its convenience and without cause,
terminate this Agreement at any time by giving written notice to Contractor of such termination,
which shall become effective seven (7) days following receipt by Contractor of the written
termination notice.
4.5 Equal Employment Opportunity
In connection with the performance of this Agreement, Contractor shall not discriminate
against any employee or applicant for employment because of race, color, religion, ancestry, sex,
national origin, place of birth, marital status, or physical handicap.
4.6 Entirety of Agreement
This writing and all exhibits hereto embody the entire Agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written with
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reference to the subject matter hereof that are not merged herein and superseded hereby. The
exhibits and the Proposal Documents are hereby incorporated by reference into this Agreement.
No alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the City Commission of the City
of Miami Beach.
4.7 Indemnification
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses,
including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful
death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen
from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its employees,
agents, sub-consultants, or any other person or entity acting under Contractor's control, in
connection with the Contractor's performance of the Services pursuant to this Agreement; and to that
extent, the Consultant shall pay all such claims and losses and shall pay all such costs and attorneys'
fees expended by the City in the defense of such claims and losses, including appeals. The parties
agree that one percent (1 %) of the total compensation to the Contractor for performance of the
Services under this Agreement is the specific consideration from the City to the Contractor for the
Contractor's Indemnity Agreement.
The Contractor's obligation under this subsection shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against any
actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other
wrongful conduct of the City and its officers, employees and agents. The parties each agree to give
the other party prompt notice of any claim coming to its knowledge that in any way directly or
indirectly affects the other party.
4.8 Limitation of City's Liability
The City desires to enter into this Agreement only if in so doing the City can place a limit
on its liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the sum of $5,000. Contractor
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hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of$5,000, less
the amount of all funds actually paid by the City to Contractor pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess
of $5,000, which amount shall be reduced by the amount actually paid by the City to the Contractor
pursuant to this Agreement, for any action of claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this Agreement.
4.9 Assil:nment. Transfer or Subcontractinl:
The Contractor shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City.
4.10 Equal Employment Opportunity
In connection with the performance of this Agreement, the Contractor shall not discriminate
against any employee or applicant for employment because ofrace, color, religion, ancestry, sex,
age, national origin, place of birth, marital status, or physical handicap. The Contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated during their
employment without regard to their race, color, religion, ancestry, sex, age, national origin, place
of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited
to the following: employment, upgrading, demotion, or termination; recruitment or recruitment
advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for
training, including apprenticeship.
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4.11 Notices
All notices and communications in writing required or permitted hereunder may be delivered
personally to the representatives of the Contractor and the City listed below or may be mailed by
registered mail, postage prepaid.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONTRACTOR:
Art Deco Tropical
Attn: Mirta Pestana, President
235 Lincoln Road
Suite 320
Miami Beach, Florida 33139
(305) 672-8006
TO CITY:
City of Miami Beach
Attn: City Clerk
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7411
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
By: (2,~6 P a.u.L--
City Clerk
CITY OF MIAMI BEACH, FLORIDA
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By:! . . .",- / . .1U. ". "U- "'-
Vice Mayor )
FOR CONTRACTOR:
ATTEST:
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Secretary
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By:
President
Corporate Seal
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney
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EXHIBIT" A"
SCOPE OF SERVICES:
The Contractor shall place public advertisements in its Spanish-language periodical on an as-needed
basis, as requested by various City departments. Any department or division which places such
advertising shall issue a Standing Order or Purchase Order, and any invoices must reference the
correct Standing Order or Purchase Order number in order for prompt payment to be made.
The Contractor will return to the appropriate City department or division "tear sheets" that contain
the printed version of the advertisement, along with a complete copy of the edition. Payment will
be made following publication of the advertisement and submission of an invoice. No other
advertisements will be place without the receipt of the prior month's "tear sheet".
-Deadline to submit ads is Tuesday, 5:00 p.m.; any corrections must be submitted to Contractor
before 5:00 p.m. on Wednesday, to be published in edition ofthe same week, on Thursday.
-All advertisements from the City will be placed on the same page, or on contiguous pages.
-A headline announcing "News and job opportunities from the City of Miami Beach" will be printed
on the first page of the publication, indicating the page where CMB ads are located. There will be
no charge for this feature.
_ The Human Resources Department will be charged $36.00 per position advertised, including
translation and logo.
- The following rates will be paid for all other ads:
$300.00 Full Page
$150.00 Y2 Page
$100.00 1/3 Page
$ 75.00 1/4 Page
$ 60.00 1/6 Page
$ 37.50 1/8 Page
$ 30.00 1/10 Page
_ There will be a translation fee of $.08 per word, counting only words of four letters or more.
_ The Contractor will provide publicity for City projects at no charge - estimated at six half page
articles and six headlines on first page per year, in addition to press releases.
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