HomeMy WebLinkAboutR-03-0354J-03-371
4/10/03
RESOLUTION NO. 03- 354
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 3, IN SUBSTANTIALLY THE
ATTACHED FORM, TO AN AGREEMENT WITH SARMIENTO
ADVERTISING GROUP, L.L.C. TO (1) LOWER THE
NUMBER OF ADVERTISING BENCHES FOR WHICH THE
CITY OF MIAMI WILL RECEIVE PAYMENT FROM 900
TO 450, (2) REDUCE THE MINIMUM GUARANTEED
PAYMENT PER BENCH, (3) ELIMINATE THE
REQUIREMENT THAT SARMIENTO PAY A PERCENTAGE
OF GROSS REVENUES TO THE CITY, AND ( 4 ) ALTER
THE RATE AT WHICH BUS BENCHES MUST BE
INSTALLED.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is authorized" to execute
Amendment No. 3, in substantially the attached form, to an
Agreement with Sarmiento Advertising Group, L.L.C. to (1) lower
the number of advertising benches for which the City of Miami
will receive payment from 900 to 450, (2) reduce the minimum
guaranteed payment per bench, (3) eliminate the requirement that
Sarmiento pay a percentage of gross revenues to the City, and (4)
alter the rate at which bus benches must be installed.
l� The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including
but not limited to those prescribed by applicable City Charter and
Code provisions.
CITY COMUSSION
MEET1W OB
APR 1 0 2003
]Rmaklfim.
03- 354;;
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.21
PASSED AND ADOPTED this
ATTEST:
PRTaCILLA A. THOMPSON
CI Y CLERK
10th day of April 2003.
�g
MANUEL A. DIA:AYo
R
APPROVED P,.W*TC&ORM CORRECTNESS:te
WDRO VILARELLO
ATTORNEY
W7171:JHV:BSS
zi If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the
City Commission.
Page 2 of 2
03- 354
AMENDMENT # 3
TO THE AGREEMENT
BETWEEN
THE CITY OF MIAMI
AND
SARMIENTO ADVERTISING GROUP, L.L.C.
FOR
BUS BENCH DESIGN, INSTALLATION AND MAINTENANCE
This Amendment is entered into this day of , 2003, by and between THE
CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as
"CITY" and SARMIENTO ADVERTISING GROUP, L.L.C., a Florida limited liability
company, hereinafter referred to as "CONTRACTOR" for the purpose of modifying that certain
agreement between the CITY and CONTRACTOR for bus bench design, installation and
maintenance (the "Agreement") as follows:
WHEREAS, the CITY and CONTRACTOR entered into the Agreement for bus bench
design, installation and maintenance; and
WHEREAS, the CITY and CONTRACTOR, in Amendment #1 to the Agreement,
acknowledged that the terms of the Agreement might need to be renegotiated after CITY
approval of the Bus Bench designs and locations; and
WHEREAS, the CITY and CONTRACTOR have renegotiated the terms of the
Agreement; and
WHEREAS, the CITY and CONTRACTOR desire to amend the Agreement to reflect the
renegotiated terms.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained herein, the parties hereto do hereby covenant and agree as follows:
1. Recitals. The Recitals and all statements contained therein are true and correct
and are hereby incorporated into this Amendment.
2. Percentage Revenue. Notwithstanding anything to the contrary contained in the
Agreement, the CITY shall not be entitled to receive a Percentage Revenue Payment.
3. Yearly Guaranteed Minimum Payment Per Advertising Bus Bench. Exhibit `B"
to the Agreement is deleted in its entirety. The yearly guaranteed minimum payment per
Advertising Bus Bench shall be as set forth in Exhibit "A" attached to this Amendment.
03- 354
4. Increase in Numbers. Paragraph 2.3 of Article II of the Agreement is deleted in
its entirety and the following substituted in its place:
2.3 Increase in Numbers. CITY and CONTRACTOR may
mutually agree, without the necessity of additional CITY COMMISSION
approval, to increase the number of Bus Benches and City Panels
contemplated by this Agreement. In such event, the CITY may require an
increase in the yearly guaranteed minimum payment per Advertising Bus
Bench and City Panels.
5. Minimum number of Advertising Bus Benches. Paragraph 1.1 of Article I, of
Exhibit "A" to the Agreement is deleted in its entirety and the following substituted in its place:
1.1 CONTRACTOR shall install and maintain at no cost to the
CITY 1500 Bus Benches at designated locations throughout the CITY. Of
the 1500 total, a minimum of 450, but no more than 900 shall be
Advertising Bus Benches.
6. Rate of Installation of Non -Advertising Bus Benches. Paragraph 1.5 of
Article I, of Exhibit "A" to the Agreement is deleted in its entirety and the following substituted
in its place:
1.5 Contractor represents that as of March 31, 2003 it has
installed 177 Non -Advertising Bus Benches. Contractor shall install Non -
Advertising Bus benches at a rate such that the total number of Bus
Benches installed is 1500 by December 31, 2003.
7. Paragraph 1.6 of Article I, of Exhibit "A" to the Agreement is deleted in its
entirety and the following substituted in its place:
1.6 Contractor represents that as of March 31, 2003 it has
installed 123 Advertising Bus Benches. Contractor shall bring the total
Advertising Bus Benches installed to at least 200 by June 30, 2003; to at
least 275 by September 31, 2003; to at least 350 by December 31, 2003; to
at least 425 by March 31, 2004; and to 450 by June 30, 2004. Totals may
be reached by converting an installed Non -Advertising Bus Bench to an
Advertising Bus Bench where such conversion is approved by the City.
8. Waiver of All Prior Claims. CONTRACTOR hereby waives all claims and
causes of action of any nature whatsoever it may have against the CITY arising out of, or related
in any way, to the subject matter of this Agreement accruing prior to the date of this
Amendment.
9. Indemnification. CONTRACTOR agrees to indemnify, defend, and save the
CITY, its officials and employees, harmless from and against any and all claims which may arise
Page 2of5
mjc:Bus Bench Amend # 3 o3- 354
out of the CITY entering into this Amendment. The provisions of this section shall survive the
cancellation or expiration of this Agreement.
10. Prior Agreements. This Amendment incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable to the
matters contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Amendment that are not contained in this
document. Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
11. Except as specifically provided herein, all other terms and conditions of the
Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment #3 to the
Agreement Between The City Of Miami And Sarmiento Advertising Group, L.L.C. For Bus
Bench Design, Installation And Maintenance on the day and year first above written.
SARMIENTO ADVERTISING GROUP,
L.L.C., a Florida limited liability company
Witness: "CONTRACt "
1` 7
By: <) By:
Print Name & Title ¢os Guillermo Victoria
Corporate Executive Vice -President,
Publicidad Sarmiento of South Florida,
Inc., Managing Partner, Sarmiento
Advertising Group, L.L.C.
THE CITY OF MIAMI, a municipal
corporation of the of the State of Florida
ATTEST: "CITY"
By: By:
Priscilla A. Thompson Joe Arriola
City Clerk City Manager
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mjc:Bus Bench Amend #t3 03-
354
APPROVED AS TO FORM APPROVED AS TO INSURANCE
AND CORRECTNESS REQUIREMENTS
By: By:
Alejandro Vilarello Diane Ericson, Administrator
City Attorney Risk Management
Page 4of5
mjc:Bus Bench Amend #3 03- 354
AGREEMENT BETWEEN THE CITY OF MIAMI
AND SARMIENTO ADVERTISING GROUP, L.L.C.
FOR BUS BENCH DESIGN, INSTALLATION AND MAINTENANCE
EXHIBIT "A"
YEARLY GUARANTEED MINIMUM
PAYMENT PER ADVERTISING BUS BENCH
1.1 For the first 450 Advertising Bus Benches installed, the CONTRACTOR shall
pay to the CITY the following minimum guaranteed payment per Advertising Bus Bench.
Year
Payment Per Bus Bench
1
$
400.00
2
$
400.00
3
$
400.00
4
$
400.00
5
$
400.00
6
$
800.00
7
$
800.00
8
$
800.00
9
$
800.00
10
$
800.00
11
$
900.00
12
$
900.00
13
$
900.00
14
$
900.00
15
$
900.00
1.2 Should CONTRACTOR seek to install more than 450 Advertising Bus Benches,
CITY shall be entitled to require a higher yearly guaranteed minimum payment per Advertising
Bus Bench for benches above 450. The City Manager is authorized to negotiate the new yearly
guaranteed minimum payment per Advertising Bus Bench for benches above 450, provided that
the rate may not be lower than the rate for the first 450 Advertising Bus Benches and may not
vary the other terms of this Agreement.
Page 5of5 03- 354
mjc:Bus Bench Amend #3
CITY OF MIAMI, FLORIDA . _-26 A
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and DATE: A - 2 20M FILE:
Members of the City Commission
SUBJECT: Bus Bench Status Presentation
FROM: J e ArrlolaREFERENCES:
/Alfoinislor/City Manager
ENCLOSURES:
As directed by the City Commission, we will be presenting a bus bench program status
report and a resolution authorizing an amendment to the existing bus bench contract.
The status report and bus bench deployment plan provides for the full implementation of
the bus benches citywide by December 2003. The amendment authorizes limited relief to
the contractor.
JA/V A/AAD/mm
C:\Documents and Set ings\MYMore1Ii\Loca1 SettingsUemporary Internet Fi1es10LK3\Memo Bus Bench - Statuo I� A
Presentation.doc 5 4
Sarmiento Bus Bench Contract
Bus Bench Deployment Plan
March 24, 2003
Existing Installations
Proposed Installations 2003
April
May
June
July
Aug
Sept
Oct
Nov
Dec
320
metal cumm.
80
80
55
135
25
160
25
185
25
210
25
235
25
260
25
285
25
310
wood cumm.
25
25
50
75
75
150
115
265
125
390
125
515
125
640
115
755
115
870
Total Install.
per 111011111 cu111111.
105
425
105
530
100
630
140
770
150
920
150
1070
150
1220
140
1360
140
1500
sarmlento plan 3-2003 4/3/038:03 AM
Sarmiento Bus Bench Contract
Panels and Payments
Sarmiento's Proposal
;04,osa,uuu
sarmiento plan 3-2003 1 4/3/038:07 AM
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Annual
payment
1Q
20
30
40
TOTAL
panels payment
panel payment
panels payment
panel payment
panel
payment
1
400
123
$12,300
200
$20,000
275
$27,500
350
$35,000
425
$94,800
2
400
450
$45,000
450
$45,000
450
$45,000
450
$45,000
450
$180,000
3
400
450
$45,000
450
$45,000
450
$45,000
450
$45,000
450
$180,000
4
400
450
$45,000
450
$45,000
450
$45,000
450
$45,000
450
$180,000
5
400
450
$45,000
450
$45,000
450
$45,000
450
$45,000
450
$180,000
6
800
450
$90,000
450
$90,000
450
$90,000
450
$90,000
450
$360,000
7
800
450
$90,000
450
$90,000
450
$90,000
450
$90,000
450
$360,000
8
800
450
$90,000
450
$90,000
450
$90,000
450
$90,000
450
$360,000
9
800
450
$90,000
450
$90,000
450
$90,000
450
$90,000
450
$360,000
10
800
450
$90,000
450
$90,000
450
$90,000
450
$90,000
450
$360,000
11
900
450
$101,250
450
$101,250
450
$101,250
450
$101,250
450
$405,000
12
900
450
$101,250
450
$101,250
450
$101,250
450
$101,250
450
$405,000
13
900
450
$101,250
450
$101,250
450
$101,250
450
$101,250
450
$405,000
14
900
450
$101,250
450
$101,250
450
$101,250
450
$101,250
450
$405,000
15
900
450
$101,250
450
$101,250
450
$101,250
450
$101,250
450
$405,000
;04,osa,uuu
sarmiento plan 3-2003 1 4/3/038:07 AM
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