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Home My WebLink AboutR-03-0458J-03-222 04/28/03 RESOLUTION NO. 03— 458 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTER AN ADVERTISED PUBLIC HEARING, APPROVING THE CITY'S OPTION TO RENEW, FOR A TWO-YEAR PERIOD, THE REVOCABLE AGREEMENT ("AGREEMENT") DATED NOVEMBER 27, 2001, WITH CITY SOLUTIONS, INC., ATTACHED AND INCORPORATED, AUTHORIZED PURSUANT TO RESOLUTION NO. 01-1149, FOR THE PLACEMENT OF MODULAR NEWSRACKS ON DESIGNATED PUBLIC RIGHTS-OF-WAY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. After an advertised public hearing, the City's Option to renew, for a two-year period, the Revocable Agreement ("Agreement") dated November 27, 2001, with City Solutions, Inc., attached and incorporated, authorized pursuant to Resolution No. 01-1149 is approved, for the placement of newsracks on designated public rights-of-way. �1 QA Fan 7 n n 4'WI \av L'r :ir m ci bi ,i�tiyf Yoe CITY COMMISSION MEETING OF MAY 0 8 M03 f esolut10A No. 08 458 Section 2. The City Manager is authorizedll to execute all necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2/ PASSED AND ADOPTED this 8th day of May , 2003. ATTEST: -k /,,/), A AU.�� q',Sct LA A. THOMPSON CITY CLERK APPROVED AS TO FORM AND CORRECTNESS:L 11 1,Jr, )qo 4 -le AL JANDRO VI RELLO C TY ATTORN W7011:tr:AS:BSS 1� 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. 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— 458 REVOCABLE AGREEMENT BETWEEN THE CITY OF M14MI AND CITY SOLUTIONS, INC. FOR THE _ PROVISION OF MODULAR NEWSRACKS AS A PILOT PROJECT ON THE PUBLIC RIGHTS-OF-WAY IN THE CITY OF MIAMI 03- 458 yet TABLE OF CONTENTS Page 1. Compliance......................................................................................................................1 2. Location Of The Modular Newsracks..............................................................................2 3. Interest Conferred By This Agreement............................................................................2 4. Cancellation By Request Of Either Of The Parties Without Cause.................................2 5. Term Of Agreement.........................................................................................................2 6. Width Of Modular Newsrack...........................................................................................3 7. Maintenance ............................... .) ....................................................................................... 8. Condition Of The Area....................................................................................................3 9. No Liability................................................................................................................. "...4 10. Penalty For Violation Of Rules And Regulations..........................................................5 11. Termination By City Manager For Cause ........................................... 12. Advertising Matter.........................................................................................................5 13. Advertising Revenue......................................................................................................5 14. Insurance.........................................................................................................................6 15. Responsibility for Damage............................................................................................6 16. Indemnification..............................................................................................................6 17. Court Costs And Attorney(s)' Fees................................................................................7 18. Audits.............................................................................................................................7 19. Surrender Of Area.....:....................................................................................................8 20. Assignment Or Transfer.................................................................................................9 03- 458 21. Written Notices..............................................................................................................9 22. Amendments, Modifications And Severability.............................................:................9 23. Entire Agreement .........................................................................................................10 24. Construction.................................................................................................................10 25. Approval By The Oversight Board..............................................................................10 ii n 03- 458 REVOCABLE AGREEMENI This Revocable Agreement (herein referred to as the "Agreement'). made and entered into this 27 day of NoYE MP>E fZ , 2001, by and between the CITY OF MIAMI, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as "City") and CITY SOLUTIONS. INC., a Corporation, (hereinafter referred to as "SOLUTIONS"). WITNESSETH: WHEREAS, pursuant to Ordinance No. 12 0 5 3 , passed, and adopted by the City Commission on April , 26th , 2001, which permitted among other things, the establishment of a pilot program for the provision of modular as newsracks, which would be free to publications, was authorized; NOW, THEREFORE, in consideration of the above premises and the conditions, --set forth below, the City authorizes SOLUTIONS to provide advertising subsidized modular newsracks on the designated City public rights-of-way in accordance with the terms set forth below. 1. Compliance SOLUTIONS shall abide by all applicable rules, regulations and laws of the State of Florida, County of Miami -Dade, and the City of Miami, now in force or hereinafter adopted; specifically including, but not limited to, Chapter 54, Article VII of the City Code entitled "Newsracks on Public Rights -of -Way". Furthermore, SOLUTIONS shall abide by the written rules and regulations established by the City Manager or duly 03- 458 authorized representative. This Agreement shall be construed and enforced according to the laws of the State of Florida. 2. Location Of The Modular Newsracks. Composite Exhibit "A" sets forth with specificity the locations .that the City authorizes SOLUTIONS to place its modular newsracks. 3. Interest Conferred By This Agreement SOLUTIONS agree that this Agreement has been issued by the City to authorize SOLUTIONS to occupy the public rights-of-way solely for the limited purposes set forth herein. The parties hereby agree that the provisions of this Agreement do not constitute a lease and the rights of SOLUTIONS hereunder are not those of a tenant but are merely a personal privilege to do certain acts of a temporary character and to otherwise use the public rights-of-way subject to the terms of this Agreement. No leasehold interest id the area is conferred upon SOLUTIONS under the provisions hereof and SOLUTIONS does not and shall not claim at any time any leasehold estate or ownership in the public rights- of-way by virtue of this Agreement. SOLUTIONS does not have, and shall not claim at any time, any interest or estate of any kind or extent whatsoever in, the public rights-of- way by virtue of any expenditure of funds by SOLUTIONS for improvements, construction, repairs, partitions or alterations which may be authorized by the City. 4. Cancellation By Request Of Either Of The Parties Without Cause Either party may cancel this Agreement at any time with thirty (30) days written notice to the non -canceling party prior to the effective date of the cancellation (the 'Notice Period') 5. Term Of Agreement. 03- 458 The term of this Agreement shall be for a period of one (1) year beginning on the date of signature by the City Manager. The City shall have the option to renew this Agreement for additional one (1) year periods following public hearing and approval bN the City Commission. _ 6. Width Of Modular Newsrack For the purposes of determining fees and bonds, and enforcing placement restrictions, in accordance to Chapter 54, Article VII of the City Code, the width of, the modular newsrack shall equate to the quantity of newsracks as indicated below: Width of Modular Newsrack Equiv. No. of Newsracks Annual Permit Fee 21 to 40 inches 2 $20.00 41 to 60 inches 3 $40.00 61 to 80 inches 4 $60.00 81 to 96 inches 5 $80.00 The modular newsrack width shall not exceed 96 -inches. 6 7. Maintenance SOLUTIONS shall maintain the modular newsracks and assure they are clean, painted and free of graffiti in accordance with applicable City Code provisions. 8. Condition Of The Area SOLUTIONS accepts the public rights-of-way "as -is", in its present condition and state 'or repair, and without any representation by or on behalf of the City, and agrees that City shall, under no circumstances, be liable for any latent, patent or other defects in the area. SOLUTIONS, at its sole cost, shall maintain the public rights-of-way within a six (6) foot radius of its modular newsrack in good order and repair at all times and in attractive, clean, safe and sanitary condition and shall suffer no waste or injury thereto. SOLUTIONS shall be responsible for all repairs to this area of the public rights-of-way 3 required or caused by SOLUTIONS' use of part thereof. SOLUTIONS agrees to make all- changes necessary to the public rights-of-way at SOLUTIONS' sole cost and expense in order to comply with all City, County and State code requirements for SOLUTIONS' occupancy thereof. 9. No Liability In no event shall the City be liable or responsible for injury, loss or damage to the property, improvements, fixtures and/or equipment, including without limitation. the modular newsrack, belonging to or rented by SOLUTIONS, it officers, agents, employees, invitees or patrons occurring in or about the public rights-of-way that may be stolen, destroyed, or in any way damaged, including, without limitation, fire, flood, steam, electricity, gas, water, rain, vandalism or theft which may leak or flow from or into any part of the public rights-of-way, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, plumbing, light poles or light fixtures on the public rights-of-way, or from hurricane or any act of God or any act of negligence of any user of the facilities or any person whomsoever whether such damage or injury results from conditions arising upon the public rights-of-way or from other sources. SOLUTIONS indemnifies the City, its officers, agents, and employees from and against any and all - such claims even if the claims, costs, liabilities, suits, actions, damages or causes of action rises from the negligence or alleged negligence of the City, including any of its employees, agents, or officials. SOLUTIONS further acknowledges that as lawful consideration for being granted the right to utilize and occupy the public rights-of-way, SOLUTIONS, on behalf of itself, its agents, invitees and employees, does hereby release from any legal liability the City, its officers, agents and employees, from any and all 4 03- 458 claims for injury, death or property damage resulting from SOL, -TIONS use of the public rights-of-way. 10. Penalty For Violation Of Rules And Regulations. The City, through its proper officials, reserves the right and authority to prescribe any additional rules and regulations, and SOLUTIONS agrees to abide by all the rules and regulations. Furthermore, SOLUTIONS shall comply with the provisions of any law. rule or regulation relative to newsracks. Violations of rules and regulations as prescribed by the City through its proper officials will be sufficient grounds for SOLUTIONS to forfeit the whole or part of this Agreement as determined by the City. 11. Termination By City Manager For Cause If, at the sole and complete discretion of the City, SOLUTIONS in any manner violates the restrictions and conditions of this Agreement, or fails to perform any of'the terms and conditions contained herein, then, and in the event, after ten (10) days written notice given to SOLUTIONS by the City Manager within which to cease such violation or correct such deficiencies, and upon failure of SOLUTIONS to do so after such written notice within said ten (10) day period, this Agreement shall be automatically cancelled without the need for further action by the City. 12. Advertising Matter SOLUTIONS voluntarily and with its own free will agrees to comply with the advertising guidelines attached to this Agreement as Exhibit `B". 13. ' Advertising Revenue SOLUTIONS shall submit to the City, on the fifteenth (15'") of each month, five percent (5%) of SOLUTIONS' gross advertising revenue received from the previous ------------- --- - ----- 5 --------=---- ---- ------ 03'- 458 month. SOLUTIONS shall submit with each payment a copy of their monthly revenue report, showing advertising revenues received from the previous month. AnY unpaid balance of monies not paid when due shall bear an interest charge of eighteen percent (18%) per annum until paid. 14. Insurance SOLUTIONS shall maintain insurance as specified in Section 54, Article VII of the City Code entitled "Newsracks on Public Rights -of -Way" during the term of. the Agreement. 15. Responsibility For Damaze The City will not be responsible in any way for the modular newsracks including, but not limited to, any damage from theft, vandalism or disappearance of either the modular riewsracks or the materials placed in such newsracks. 16. Indemnification SOLUTIONS covenants and agrees that it shall indemnify, hold harmless, and defend the City, its agents, officers and employees from and against any and all claims, suits, action, damages or causes of action arising during the term of the Agreement for any personal injury, loss of life, or damage to property sustained in or about the newsracks, by reasons of or as a result of SOLUTIONS' occupancy of the public rights- of-way, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all costs, court costs, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof; even if the claims, costs, liabilities, suits, actions, damages or causes of action 6 03' 458 arise from the negligence or alleged negligence of the City. including any of its employees, agents or officials. 17. Court Costs And Attorney(s)' Fees In the event it becomes necessary for the City to institute legal proceeding to enforce or interpret the provisions of this Agreement, SOLUTIONS shall pay the Cit} -'s court costs and attorney's fees through all trial and appellate levels.. SOLUTIONS acknowledge that Florida law provides for mutuality of attorney's fees as a remedy in • contract cases and specifically and irrevocable waives its right to collect attorney's fees from the City under applicable laws, including specifically, but not limited to Section 57.105, Florida Statutes. It is the express intent of the parties hereto that in no event will the City be required to pay SOLUTIONS' attorney's fees and court costs for any action arising out of this agreement. In the event that SOLUTIONS' waiver under this section is found to be invalid then SOLUTIONS agrees that the City's liability for SOLUTIONS' attorney's fees and court costs shall not exceed the sum of $100.00. In the event that the waiver and limitations contained herein are found to be invalid, or are otherwise not upheld, then the provisions of this Section shall become null and void and each party shall be responsible for its own attorney's fees and costs. 18. Audits During the term of this Agreement and any extension thereof, SOLUTIONS shall maintain audited financial statements, income tax returns, Florida sales tax returns, invoices showing advertising fees charged, agreements executed between SOLUTIONS and its clients, an inventory of all the Modular Newsracks located in the City, bank statements and deposit receipts, cash receipt journals, sales journals, a general ledger and any other appropriate records as may be reasonably required by good accounting practices pertaining to its business operations with regard to the placement of Modular Newsrack on the Public Rights -of -Way. City shall have the right at all reasonable times. upon reasonable notice and during normal business hours, to examine the books and records of SOLUTIONS, which shall be maintained and kept by SOLUTIONS within the corporate limits of Miami -Dade, County, Florida. The City Manager shall have the discretion to.require the installations of any reasonable additional accounting methods as he may deem reasonably necessary so long as such installations are consistent with professional accounting standards as applied in the industry. The City, at its sole expense, may, at reasonable times and for a period of up to three (3) years following the expiration of the term of this Agreement or any extension, or earlier termination thereof, audit, or cause to be audited, those books and records of SOLUTIONS. SOLUTIONS agrees to maintain all such books and records at its offices located within the corporate limits of Miami -Dade County, Florida. 19. Surrender Of Area SOLUTIONS will quietly and peaceably remove the modular newsracks upon the termination or expiration of this Agreement and repair the sidewalk and/or grass area to the same condition it was at the inception of this Agreement. Should SOLUTIONS fail to repair any damage caused to the public rights-of-way within ten (10) days after receipt - of written notice from the City directing the required repairs, the City shall cause the public rights -of -why to be repaired at the sole cost and expense of SOLUTIONS. SOLUTIONS shall pay the City the full cost of such repairs within ten (10) days of receipt of an invoice indicating the cost of such required repairs. In the event 03•- 458 SOLUTIONS fails to remove its personal property, equipment and fixtures from the public rights-of-way within the time limit set by the notice, said property shall be deemed abandoned and thereupon shall become the sole personal property of the City. The City. at its sole discretion and without liability, may remove and/or dispose of same as the City sees fit, all at SOLUTIONS' sole cost and expense. 20. Assignment Or Transfer SOLUTIONS cannot assign or transfer its privilege of occupancy and use granted unto it by this Agreement. In the event that the City consents to any assignment of SOLUTIONS' rights and obligations under the Agreement, then SOLUTIONS shall be authorized to assign this Agreement to the assignee of the Agreement. 21. Written Notices Any and all notices under this Agreement shall be deemed to have been 'given when placed in the United States mail, certified, return receipt requested, addressed as follows: For SOLUTIONS: Tom Trento, President City Solutions 2200 4d' Avenue North, #3 Lake Worth, Florida 33461 For CITY: Director Dept. of Public Works 444 SW 2nd Avenue Miami, Florida 33130 22. Amendments, Modifications And Severability Copy: City Manager 444 SW 2' Avenue Miami, Florida 33130 No amendments or modifications to this Agreement shall be binding on either party unless in writing, signed by both parties and approved by the City Commission. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or ------------ --- -- ---------9------ ---- 03- 458 otherwise unlawful under the laws of the State of Florida or the City. such provisions. paragraphs, sentences. words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, and the same may be deemed severable by the Cite. and in such event, the remaining terms and conditions of this Agreement shall remain unmodified and in full force and effect. 23. Entire Agreement This instrument and its attachment constitute the sole and only agreement of, the parties hereto and correctly sets forth the rights, duties and obligations of each to -the other as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. 24. Construction This Agreement is the result of negotiations between the parties and has been typed/printed by one party for the convenience of both parties, and the parties covenant that this Agreement shall not be construed in favor of or against either of the parties. 25. Approval By The Oversight Board The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board"), which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be bonding on the City until such time as they have been approved by the Oversight Board. Attestation of this Agreement by the City Clerk shall constitute evidence of approval by the Oversight Board. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in their names by their duly authorized officers, all as of the day and year first above written. 10 03- 458 - CITY OF MFM •�`�: `� los; • , President.TrentoCity M alter J. Foem Corporate Cretan - City Clerk PPR AD AS IN SURANCE�EQUIREMENTS: Ix Mario Soldevilla, Director _ Risk Management Department FORM AND CORRECTNESS: 03- 458 EXHIBIT A - Page 1 of 2 Subject: APPROVED L- 'ATIONS Reference: Modular Newsrack Pilot Program Firm: City Solutions, Inc. Date: July 27, 2001 1) NW corner of Flagler Street and NW 2nd Avenue �2) NW corner of Flagler Street and NW 1st Avenue 3) NE corner of Flagler Street and NW Miami Court 4) NW corner of Flagler Street and NE 2nd Avenue 5) NE corner of Flagler Street and NE 2^d Avenue 6) Midblock on Flagler Street North side, between NE 2nd and 3rd Street 7) ' NE corner of Flagler Street and NE 3rd Avenue 8) NW corner of Flagler Street and NE 3rd Avenue 9) NW corner of Biscayne Boulevard and NE 36th Street 10) NW corner of Biscayne Boulevard and NE 17th Street 11) NE corner of Biscayne Boulevard and Port Boulevard 12) NE corner -of northbound Biscayne Boulevard and NE 2nd Street 13) NW corner of southbound Biscayne Boulevard and NE 2nd Street 14) SW corner of northbound Biscayne Boulevard and SE 1st Street 15) NE corner of southbound Biscayne Boulevard and SE 2nd Street 16) SW corner of Flagler Street and South Miami Avenue 17) NW corner of Fitapaldi Street and South Miami Avenue 18) SW corner of South Miami Avenue and Fitapaldi Street 19) SW corner of South Miami Avenue and SW 8th Street 20) SW corner of SE 9th Street and Brickell Avenue 21) NW corner of Brickell Plaza and SE 10th Street 22) SW corner of Aviation Avenue and South Bayshore Drive 23) SE corner of South Bayshore Drive and Aviation Avenue 24) SE corner of South Bayshore Drive and Pan American Drive 25) SW corner of South Bayshore Drive and Pan American Drive 26) West side of Miami City Hall entrance 27) Midblock on Grand Avenue South side, between Rice and Mary Street 28) NE corner of Grand Avenue and Commodore Plaza (Post Office) Page 1 of 2 Q3- 458 Page 2 of 2 29) SW corner of Grand Avenue and McFarlane Road EXHIBIT A -Pag_ 30) SW corner of Main 1, _away and Fuller Street 31) SE corner of Biscayne Boulevard and Port Boulevard 32) SW corner of Main Highway and Commodore Plaza 33) SW corner of Brickell Avenue and SE 10th Street 34) SW corner of Brickell Avenue and SE 10th Street 35) NW corner of Biscayne Boulevard and NE 35th Street 36) SW corner of Biscayne Boulevard and NE 30th Street 37) NW corner of Biscayne Boulevard and NE 28th Street 38) SW corner of Biscayne Boulevard and NE 25th Street 39) NW corner of -Biscayne Boulevard and NE 17th Terrace 40) NE corner of northbound Biscayne Boulevard and NE 4th Street 41) SE corner of southbound Biscayne Boulevard and SE 1st Street 42) SE corner of Flagler Street and North Miami Avenue 43) NW corner of Biscayne Boulevard and NE 15th Street 44) SE corner of Brickell Avenue and SE 14th Street 45) NW corner of Brickell Avenue and SE 14th Street 46) NW corner of Brickell Avenue and SE 13th Street 47) NE corner of Brickell Avenue and SE 12th Trail 48) Midblock on southbound Brickell Avenue, between SE 8th and 9th Street 49) Midblock on northbound Brickell Avenue, between SE 5th and 6th Street 50) Midblock on westbound Flagler Street, between NW Miami Court and NW 1st Avenue 51) SW corner of SW 15t Avenue and Flagler Street 52) NW corner of Flagler Street and SE 2nd Avenue 53) NW corner of Flagler Street and SE 3rd Avenue 54) SW corner of SE 3rd Avenue and SE 13t Street 55) NW corner of southbound Biscayne Boulevard and Flagler Street 56) SW corner of southbound Biscayne Boulevard and NE 13t Street 57) SW corner of southbound Biscayne Boulevard and NE 4th Street 58) Midblock on southbound Biscayne Boulevard, between NE 4th and 5th Street 59) SE corner of NE 36th Street and Biscayne Boulevard 60) SW corner of southbound Biscayne Boulevard and NE 3rd Street 61) NW corner of Biscayne Boulevard and NE 14th Street 62) NE corner of Brickell Avenue and SE 8th Street Page 2 of 2 '03- 458 FROM : City Solutions, Inc. PRONE NO. : 561 582 7675 Feb. 2e 2003 10:44AM P6 HIBIT B - Page lof 2 c7?'YS0LUH0Ns-*ADVFJt71WVGP0UCY CrrrSOLUMM" Wk in every comumitj isIneA mm the qo W of ice for dkms vrho cane hmD wehict w►Nh new madcs _ ,rII \ :{ti`. ♦ :,. ./ 1 .:11. 1 ♦ •. 1 'lu :., , 1: •lil•• , 1, •11 �) I. �V, ICS •. 1 •. 1 .1 � I/ •\ 1 II. •, 1 :1 . 1:. 1• ♦/ 7.• :1 1 ✓-:/ / ♦/ 4 I • 11 _ • 11.' ♦• �t 1 1 .111, ►/. / . .1 : •�:\ r: \ 1 • 1 • � ♦ 1� � • 1.1 . • ./ ii / 1 I, �/.••11 �Y. 1 f :i •. 1l rl ♦• 'll ;i . • 11 1 • 1 � • •' � � �.:• • I _ , rl L.1 � liy _: lii -.. / ti i :'Ir: ..♦ • • : :'1. 1 ♦ < K Y._ fl • ✓.. Ilil • ♦' 111AIG Yr= ! • 1 • I Ii 1• ► I � �, i 1 • • it • •� • •' . I :, :11 -/� u • Q Dam" Wesf COACT Or►Iee - RO. Box 40750 "wrA iw\ m=A, CA 93140 205 909-2294 a" 009.2205 FAX f1\eT CowF Orr•ce - 2200 4n• Ave Nslm\• 03 LAIC Wow", RL 33461 541 562 -SM 501 $02-7675 FAX 03- 458 FROM : City Solutions, Inc. PHONE NU. : S61 562 7675 r eO. 28 20V3 lb: 44HM H .XHIBIT B - Page 2 of 2 C17Y SOWnGm' policy is to never doplay an advertisemeit on arty of its INFORMAIM CENTERS v* idi offals fie mmrrable sambiiificS of the thorns it sods to save. 1 . ••1 I • �. Ing S1: • '•. f 1�� .! •tv 1 �� 1 - i• •:, 1 ♦ •1 !'1 I "✓.� 1 1� 1 � '• �:�1 1,! .'1 f f►�• Y. 1 • 1. • � 1� � 1 Sul ♦•: '• :• • •1 •�/ _• b�l�i� . f r ✓. • 1 I 11• 1 .• 11 :1: II 1 11 . I w • I- • 111111 I I miffs panel selves in an advisory capaCily, asst,rm g that noadv�artb011 It VAf h will of rex! a segment of the cornmmnity is allowed to proomd to display. Whr7e it is m always posible to pie= every taaiiv" it is possible to assure that the corm mity as a whole is not offended in the evert thea Cmt Saum m and its commumay based advatimiB p'and accepts an adverament which geow4m a I l 8b. oe. oompiaint to the city, CnY SOuTrms will, wid m three business drys, begin a review of tie ofitaridmg advertisene d. This review, conducted by Crnr SamEm staff and the oomrm ri y based advertising pend will conskler the merits of tie compWnt. Should tiffs process resnh in a domm did the cornplairrt is valid, Ow Ser umm wiII mmve ail copies of sand advatisig in the city within S bmimm days. AciMmWly, if the local marasing Dowraw n Associsdan deftnnines that the adve fi ft eon!®t is seriously objectiar�able on gmum& which are reasonable and lawfuk dies upon their written C rrrSoumors will r rnovethe adverti9Fax i l in guesdoix C Wa3dy, ifthisPam resc& inawwingthe adveitisana- toremea l tm every effort will be madeIto propedy andpro6es --- explain the dmisiontotba offended Party, and maWm good coria micrelationswith811 citraats 01- 458 TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM The Honorable or and mbers of e City Commissio i i o Arriola C ief Administrator/City Manager RECOMMENDATION DATE: APR L 4 2n FILE: SUBJECT: Renewal of Revocable Agreement with City Solutions, Inc. — REFERENCES : Ordinance No. 12053 ENCLOSURES: Resolution No. 01-149, It is respectfully recommended that the City Commission adopt the attached Resolution extending the Revocable Agreement with City Solutions, Inc., for a period not to exceed two (2) years. JUSTIFICATION As authorized by Resolution No. 01-1149, passed and adopted October 25, 2001, the City entered into a Revocable Agreement with City Solutions, Inc. to pilot test the installation of modular newsracks within the City's right-of-way. These newsracks have the potential to reduce the clutter in our right-of-way thereby improving the aesthetics of the City's sidewalks. Phase 1 of the project proposed to install 62 modular newsracks. To date 33 units have been installed. A contributing factor to the delay in installation was the City's decision to defer implementation of the Newsrack Ordinance that prohibits more than five (5) racks at any approved location. The objective of the postponement was to give current vendors an opportunity to come into compliance with the new Ordinance prior to removal of non- compliant racks. At this time, City Solutions, Inc. has provided a plan to locate twenty-nine (29) additional racks throughout the City within a two (2) month period, and have a total of one hundred twenty-four (124) modular newsracks installed by August 1, 2003. The renewal to the agreement would give the City and City Solutions, Inc. sufficient time to properly assess the economic and aesthetic impact of this pilot program. FISCAL IMPACT: None , IN JA ff,DUWG/mm CAMy Documents\RESOLUTIONS\City Solutions - Agrmnt Renewal - RESo.doc 03- 458 :7401K�-5 ry Impact Analysis Department ,�L- / C Division Commission Meeting Date: • �i Title and brief description of legisl 'on or attached ordinanc resolution: 1. Is this item related to revenue? NO ❑ Yes g" (If yes, skip to item #4) 2. Are there sufficient funds in Line Item? CIP Project #: (If applicable) Yes: Index Code: Minor: No: Complete the following information: 3. Source of funds: Amount budgeted in the line item: Balance in line item: Amount needed in line item: Sufficient funds will be transferred from the following line items Amount: ACTION ACCOUNT NUMBER TOTAL Project No./Index/Minor Object . SO�At F-cG�S �`�Y1p55 From $ From $ To $ To $ 4. Comments: f . SO�At F-cG�S �`�Y1p55 Approved Department D' ector/Designee ALS Verified by: Dept. of Strategic Performance Date Verified Ay CIP: (If 03! 458 J-01-754 1.0/16/01 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER, THROUGH THE DEPARTMENT OF PUBLIC WORKS, TO INITIATE, ADMINISTER AND EVALUATE A PILOT PROGRAM FOR STANDARDIZED MODULAR NEWSRACKS ON PUBLIC RIGHTS-OF-WAY THAT PERMIT ONE SINGLE ADVERTISING PANEL LOCATED ON THE BACK OF THE MODULAR NEWSRACK IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 54, ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND OTHER PERTINENT CITY RULES, REGULATIONS AND POLICIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENTS AND NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; THE AGREEMENTS SHALL BE SUBSTANTIALLY IN THE FORM ATTACHED HERETO, AND AT A MINIMUM PROVIDE THAT THE CITY SHALL RECEIVE FIVE PERCENT OF ADVERTISING REVENUES ON A MONTHLY BASIS IN EXCHANGE FOR THE PRIVILEGE OF PARTICIPATING IN THE PILOT PROGRAM. WHEREAS, Sections 54-261 through 54-271 of the Code of the City of Miami, Florida, as amended, provides uniform procedures for the grant of permits for the erection, construction, reconstruction, installation, operation, .:.maintenance, dismantling, testing, repair and use of newsracks in the City's public rights-of-way; and WHEREAS, as a component of an overall effort to promote the revitalization and redevelopment of the City and to encourage the 4TTACHIIENT (S) I CCUTAINED =7 COMMSION .TING OF OCT 2 5 ^�� reduction of visual blight, the City wishes to conduct a pilot modular newsrack program as contemplated in Section 54-268(f) of the Code of the City of Miami, Florida, to improve and standardize the appearance of newsracks on the public rights-of- way, in such a way that these newsracks contribute to and do not unreasonably detract from the appearance of the overall aesthetics of the surrounding area; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager, through the Department of Public Works, is authorized to initiate, administer and evaluate a pilot program for the implementation of standardized modular newsracks that permit one advertising panel located on the back of -the modular newsrack consistent with the provisions of the Code of the City of Miami, Florida, as amended, and other pertinent City rules, regulations and policies. Section 3. The City Manager is authorized!' to execute revocable license agreements and any necessary documents, in a form acceptable to the City Attorney, for the Pilot Modular 17 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 provisio4s. 03- 458 Page 2 of 3 j Newsrack Program. The agreements shall be substantially in the form attached hereto, and at a minimum provide that the City shall receive five percent of advertising revenues on a monthly basis in exchange for the privilege of participating in the pilot program. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this 25th day of October , 2001. ATTEST: JOE CAROLLO, MAYOR dip �C[ 11i�r7^� '.. .. -(, :� ``� i -\nn ►i'tS A17� n ► �i?��e �nwr�• `t O t ►:�\: t%isv1 4�1i{Y\ is - �.. �► p - Wafter J oe an, City Clerk WALTER J. FOEMAN CITY CLERK i APPROVfD \S T FORM AND CORRECTNESS: A - W5-602 : YMT :f 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. ®3- 458 Page 3 of 3 -; REVOCABLE AGREEMENT BETWEEN THE CITY OF NIIANII CITY SOLUTIONS, INC. FOR THE PROVISION OF MODULAR NEWSRACKS AS A PILOT PROJECT ON THE PUBLIC RIGHTS-OF-WAY IN THE CITY OF MIAMI f 03- 458 TABLE OF CONTENTS Page 1. Compliance......................................................................................................................1 2. Location Of The Modular Newsracks..............................................................................2 3. Interest Conferred By This Agreement............................................................................2 4. Cancellation By Request Of Either Of The Parties Without Cause.................................2 5. Term Of Agreement.........................................................................................................2 6. Width Of Modular Newsrack...........................................................................................3 7. Maintenance.....................................................................................................................3 8. Condition Of The Area 9. No Liability.................................................................................................................4 ..4 10. Penalty For Violation Of Rules And Regulations..........................................................5 11. Termination By City Manager For Cause .................................................... .................. 12. Advertising Matter.........................................................................................................5 13. Advertising Revenue......................................................................................................5 14. Insurance........................................................................................................................6 15. Responsibility for Damage............................................................................................6 16. Indemnification..............................................................................................................6 17. Court Costs And Attomey(s)' Fees................................................................................7 18. Audits.............................................................................................................................7 19. Surrender Of Area..........................................................................................................8 20. Assignment Or Transfer.................................................................................................9 03- 458 21. Written Notices..............................................................................................................9 22. Amendments, Modifications And Severability.............................................:................9 23. Entire Agreement................................................................:........................................10 24. Construction................................................................................................................10 25. Approval By The Oversight Board..............................................................................10 03— REVOCABLE AGREEMENT This Revocable Agreement (herein referred to as the "Agreement"). made and entered into this 27 day of t�oYEr•�tpyE Fz. , 2001, by and between the CITY OF MIAMI, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as "City") and CITY SOLUTIONS. INC.. a Corporation, (hereinafter referred to as "SOLUTIONS") WITNESSETH: WHEREAS, pursuant to Ordinance No. 12053 , passed and adopted by the City Commission on _ April , 26th , 2001, which permitted among other things, the establishment of a pilot program for the provision of modular newsracks, which would be free to publications, was authorized; 6. NOW, THEREFORE, in consideration of the above premises and the conditions, - --set forth below, the City authorizes SOLUTIONS to provide advertising subsidized modular newsracks on the designated City public rights-of-way in accordance with the terms set forth below. 1. Compliance SOLUTIONS shall abide by all applicable rules, regulations and laws of the State of Florida, County of Miami -Dade, and the City of Miami, now in force or hereinafter adopted; specifically including, but not limited to, Chapter 54, Article VII of the City Code entitled ` Newsracks on Public Rights -of -Way". Furthermore, SOLUTIONS shall abide by the written rules and regulations established by the City Manager or duly 'O3 — �1i authorized representative. This Agreement shall be construed and enforced according to the laws of the State of Florida. 2. Location Of The Modular Newsracks. Composite Exhibit "A" sets forth with specificity the locations _that the City authorizes SOLUTIONS to place its modular newsracks. 3. Interest Conferred By This Agreement SOLUTIONS agree that this Agreement has been issued by the City to authorize SOLUTIONS to occupy the public rights-of-way solely for the limited purposes set forth herein. The parties hereby agree that the provisions of this Agreement do not constitute a lease and the rights of SOLUTIONS hereunder are not those of a tenant but are merely a personal privilege to do certain acts of a temporary character and to otherwise use the public rights-of-way subject to the terms of this Agreement. No leasehold interest id the area is conferred upon SOLUTIONS under the provisions hereof and SOLUTIONS does not and shall not claim at any time any leasehold estate or ownership in the public rights- of-way by virtue of this Agreement. SOLUTIONS does not have, and shall not claim at any time, any interest or estate of any kind or extent whatsoever in the public rights-of- way by virtue of any expenditure of funds by SOLUTIONS for improvements, construction, repairs, partitions or alterations which may be authorized by the City. 4. Cancellation By Request Of Either Of The Parties Without Cause Either party may cancel this Agreement at any time with thirty (30) days written notice to the non -canceling party prior to the effective date of the cancellation (the "Notice Period'). 5. Term Of Agreement. 03- 458 The term of this Agreement shall be for a period of one (1) year beginning on the date of signature by the City Manager. The City shall have the option to renew this Agreement for additional one (1) year periods following public hearing and approval by the City Commission. 6. Width Of Modular Newsrack For the purposes of determining fees and bonds, and enforcing placement restrictions, in accordance to Chapter 54, Article VII of the City Code, the width of, the modular newsrack shall equate to the quantity of newsracks as indicated below: Width of Modular Newsrack 21 to 40 inches 41 to 60 inches 61 to 80 inches 81 to 96 inches Eauiv. No. of Newsracks 2 3 4 5 The modular newsrack width shall not exceed 96 -inches. 7. Maintenance Annual Permit Fee $20.00 $40.00 $60.00 $80.00 SOLUTIONS shall maintain the modular newsracks and assure they are clean, painted and free of graffiti in accordance with applicable City Code provisions. 8. Condition Of The Area SOLUTIONS accepts the public rights-of-way "as -is", in its present condition and state'or repair, and without any representation by or on behalf of the City, and agrees that City shall, under no circumstances, be liable for any latent, patent or other defects in the area. SOLUTIONS, at its sole cost, shall maintain the public rights-of-way within a six (6) foot radius of its modular newsrack in good order and repair at all times and in attractive, clean, safe and sanitary condition and shall suffer no waste or injury thereto. SOLUTIONS shall be responsible for all repairs to this area of the public rights-of-way 3 required or caused by SOLUTIONS' use of part thereof. SOLUTIONS agrees to make all changes necessary to the public rights-of-way at SOLUTIONS' sole cost and expense in order to comply with all City, County and State code requirements for SOLUTIONS' occupancy thereof. 9. No Liability In no event shall the City be liable or responsible for injury, loss or damage to the property, improvements, fixtures and/or equipment, including without limitation, the modular newsrack, belonging to or rented by SOLUTIONS, it officers, agents, employees, invitees or patrons occurring in or about the public rights-of-way that may be stolen, destroyed, or in any way damaged, including, without limitation, fire, flood, steam, electricity, gas, water, rain, vandalism or theft which may leak or flow from or into any part of the public rights-of-way, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, plumbing, light poles or light fixtures on the public rights-of-way, or from hurricane or any act of God or any act of negligence of any user of the facilities or any person whomsoever whether such damage or injury results from conditions arising upon the public rights-of-way or from other sources. SOLUTIONS indemnifies the City, its officers, agents, and employees from and against any and all - such ' claims even if the claims, costs, liabilities, suits, actions, damages or causes of action rises from the negligence or alleged negligence of the City, including any of its employees, agents, or officials. SOLUTIONS further acknowledges that as lawful consideration for being granted the right to utilize and occupy the public rights-of-way, SOLUTIONS, on behalf of itself, its agents, invitees and employees, does hereby release from any legal liability the City, its officers, agents and employees, from any and all 4 03" . claims for injury, death or property damage resulting from SOLUTIONS use of the public rights-of-way. 10. Penalty For Violation Of Rules And Regulations. The City, through its proper officials, reserves the right and authority to prescribe any additional rules and regulations, and SOLUTIONS agrees to abide by all the rules and regulations. Furthermore, SOLUTIONS shall comply with the provisions of any lave, rule or regulation relative to newsracks. Violations of rules and regulations as prescribed by the City through its proper officials will be sufficient grounds for SOLUTIONS to forfeit the whole or part of this Agreement as determined by the City. 11. Termination By City Manager For Cause If, at the sole and complete discretion of the City, SOLUTIONS in any manner violates the restrictions and conditions of this Agreement, or fails to perform any of'the terms and conditions contained herein, then, and in the event, after ten (10) days written notice given to SOLUTIONS by the City Manager within which to cease such violation or correct such deficiencies, and upon failure of SOLUTIONS to do so after such written notice within said ten (10) day period, this Agreement shall be automatically cancelled without the need for further action by the City. 12. Advertising Matter SOLUTIONS voluntarily and with its own free will agrees to comply with the advertising guidelines attached to this Agreement as Exhibit `B". 13. Advertising Revenue SOLUTIONS shall submit to the City, on the fifteenth (15d) of each month, five percent (5%) of SOLUTIONS' gross advertising revenue received from' the previous --------- ---- ---- -------- 5 ------- _-_-------- ------ Off— 45* month. SOLUTIONS shall submit with each payment a copy of their monthly revenue report, showing advertising revenues received from the previous month. Any unpaid balance of monies not paid when due shall bear an interest charge of eighteen percent (18%) per annum until paid. 14. Insurance SOLUTIONS shall maintain insurance as specified in Section 54, Article VII of the City Code entitled "Newsracks on Public Rights -of -Way" during the term of, the Agreement. 15. Responsibility For Damage The City will not be responsible in any way for the modular newsracks including, but not limited to, any damage from theft, vandalism or disappearance of either the modular newsracks or the materials placed in such newsracks. 16. Indemnification SOLUTIONS covenants and agrees that it shall indemnify, hold harmless, and defend the City, its agents, officers and employees from and against any and all claims, suits, action, damages or causes of action arising during the term of the Agreement for any personal injury, loss of life, or damage to property sustained in or about the newsracks, by reasons of or as a result of SOLUTIONS' occupancy of the public rights- of-way, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all costs, court costs, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof; even if the claims, costs, liabilities, suits, actions, damages or causes of action 6 03— 45S arise from the negligence or alleged negligence of the City. including any of its employees, agents or officials. 17. Court Costs And Attorney(s)' Fees In the event it becomes necessary for the City to institute legal proceeding to enforce or interpret the provisions of this Agreement, SOLUTIONS shall pay the City's court costs and attorney's fees through all trial and appellate levels.. SOLUTIONS acknowledge that Florida law provides for mutuality of attorney's fees as a remedy in contract cases and specifically and irrevocable waives its right to collect attorney's fees from the City under applicable laws, including specifically, but not limited to Section 57.105, Florida Statutes. It is the express intent of the parties hereto that in no event will the City be required to pay SOLUTIONS' attorney's fees and court costs for any action arising out of this agreement. In the event that SOLUTIONS' waiver under this section is found to be invalid then SOLUTIONS agrees that the City's liability for SOLUTIONS' attorney's fees and court costs shall not exceed the sum of $100.00. In the event that the waiver and limitations contained herein are found to be invalid, or are otherwise not upheld, then the provisions of this Section shall become null and void and each party shall be responsible for its own attorney's fees and costs. 18. Audits During the term of this Agreement and any extension thereof, SOLUTIONS shall maintain audited financial statements, income tax returns, Florida sales tax returns, invoices showing advertising fees charged, agreements executed between SOLUTIONS and its clients, an inventory of all the Modular Newsracks located in the City, bank statements and deposit receipts, cash receipt journals, sales journals, a general ledger and 03- VIP's any other appropriate records as may be reasonably required by good accounting practices pertaining to its business operations with regard to the placement of Modular Newsrack on the Public Rights -of -Way. City shall have the right at all reasonable times. upon reasonable notice and during normal business hours, to examine the books and records of SOLUTIONS, which shall be maintained and kept by SOLUTIONS within the corporate limits of Miami -Dade, County, Florida. The City Manager shall have the discretion to_ require the installations of any reasonable additional accounting methods as he may deem reasonably necessary so long as such installations are consistent with professional accounting standards as applied in the industry. The City, at its sole expense, may, at reasonable times and for a period of up to three (3) years following the expiration of the term of this Agreement or any extension, or earlier termination thereof, audit, or cause to be audited, those books and record's of SOLUTIONS. SOLUTIONS agrees to maintain all such books and records at its offices located within the corporate limits of Miami -Dade County, Florida. 19. Surrender Of Area SOLUTIONS will quietly and peaceably remove the modular newsracks upon the termination or expiration of this Agreement and repair the sidewalk and/or grass area to the same condition it was at the inception of this Agreement. Should SOLUTIONS fail to repair any damage caused to the public rights-of-way within ten (10) days after receipt of written notice from the City directing the required repairs, the City shall cause the public rights -of -why to be repaired at the sole cost and expense of SOLUTIONS. SOLUTIONS shall pay the City the full cost of such repairs within ten (10) days of receipt of an invoice indicating the cost of such required repairs. 8 In the event 03- 45S SOLUTIONS fails to remove its personal property, equipment and fixtures from the public rights-of-way within the time limit set by the notice, said property shall be deemed abandoned and thereupon shall become the sole personal property of the City. The Cit}. at its sole discretion and without liability, may remove and/or dispose of same as the Citi - sees fit, all at SOLUTIONS' sole cost and expense. 20. Assignment Or Transfer SOLUTIONS cannot assign or transfer its privilege of occupancy and use granted unto it by this Agreement. In the event that the City consents to any assignment of SOLUTIONS' rights and obligations under the Agreement, then SOLUTIONS shall be authorized to assign this Agreement to the assignee of the Agreement. 21. Written Notices Any and all notices under this Agreement shall be deemed to have been 'given when placed in the United States mail, certified, return receipt requested, addressed as follows: For SOLUTIONS: For CITY: Copy: Tom Trento, President Director City Manager City Solutions Dept. of Public Works 444 SW 2' Avenue 2200 4" Avenue North, #3 444 SW 2id Avenue Miami, Florida 33130 Lake Worth, Florida 33461 Miami, Florida 33130 22. Amendments, Modifications And Severability No amendments or modifications to this Agreement shall be binding on either party unless in writing, signed by both parties and approved by the City Commission. Should any provisions, -paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or ----------- --- ---. ... ---------9------ ---- . "-n x;58 otherwise unlawful under the laws of the State of Florida or the City. such provisions. paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, and the same may be deemed severable by the City. and in such event, the remaining terms and conditions of this Agreement shall remain unmodified and in full force and effect. 23. Entire Agreement This instrument and its attachment constitute the sole and only agreement of the parties hereto and correctly sets forth the rights, duties and obligations of each to -the other as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. 24. Construction This Agreement is the result of negotiations between the parties and has been typed/printed by one party for the convenience of both parties, and the parties covenant that this Agreement shall not be construed in favor of or against either of the parties. 25. Approval By The Oversight Board The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board"), which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be bonding on the City until such time as they have been approved by the Oversight Board. Attestation of this Agreement by the City Clerk shall constitute evidence of approval by the Oversight Board. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in their names by their duly authorized officers, all as of the day and year first above written. 10 _ 'AWA Amp alter J. Foe_m Corporate cretarn City Clerk V,IIIID AS INSURANCE. EQUIREMBNTS: I IX Mario Soldevilla, Director _ Risk Management Department 11 03- 458 EXHIBIT A - Page 1 of 2 SuNect: APPROVED L ATIONS Reference: Modular Newsrack Pilot Program Firm: City Solutions, Inc. Date: July 27, 2001 1) 2) 3) 4) NW corner of Flagler Street and NW 2nd Avenue NW corner of Flagler Street and NW 1st Avenue NE corner of Flagler Street and NW Miami Court NW corner of Flagler Street and NE 2nd Avenue 5) NE corner of Flagler Street and NE 2nd Avenue 6) Midblock on Flagler Street North side, between NE 2nd and 3rd Street 7) ' NE corner of Flagler Street and NE 3rd Avenue 8) NW.' corner of Flagler Street and NE 3rd Avenue 9) NW corner of Biscayne Boulevard and NE 36th Street 10) NW corner of Biscayne Boulevard and NE 17th Street 11) NE corner of Biscayne Boulevard and Port Boulevard 12) NE corner -of northbound Biscayne Boulevard and NE 2nd Street 13) NW corner of southbound Biscayne Boulevard and NE 2nd Street 14) SW corner of northbound Biscayne Boulevard and SE 1st Street 15) NE corner of southbound Biscayne Boulevard and SE 2nd Street 16) SW corner of Flagler Street and South Miami Avenue 17) NW corner of Fitapaldi Street and South Miami Avenue 18) SW corner of South Miami Avenue and Fitapaldi Street 19) SW corner of South Miami Avenue and SW 8th Street 20) SW corner of SE 9th Street and Brickell Avenue 21) NW corner of Brickell Plaza and SE 10th Street 22) SW corner of Aviation Avenue and South Bayshore Drive 23) SE corner of South Bayshore Drive and Aviation Avenue 24) SE corner of South Bayshore Drive and Pan American Drive 25) SW corner of South Bayshore Drive and Pan American Drive 26) West side of Miami City Hall entrance 27) Midblock on Grand Avenue South side, between Rice and Mary Street 28) NE corner of Grand Avenue and Commodore Plaza (Post Office) - Page 1 of 2----- 03— 45 29) SW corner of Grand Avenue and McFarlane Road EXHIBIT A -Page 2 of 2 30) SW corner of Main Hit, -way and Fuller Street 31) SE corner of Biscayne Boulevard and Port Boulevard 32) SW corner of Main Highway and Commodore Plaza 33) SW corner of Brickell Avenue and SE 10th Street 34) SW corner of Brickell Avenue and SE 10th Street 35) NW corner of Biscayne Boulevard and NE 35th Street 36) SW corner of Biscayne Boulevard and NE 30th Street 37) NW corner of Biscayne Boulevard and NE 28th Street 38) SW corner of Biscayne Boulevard and NE 25th Street 39) NW corner of -Biscayne Boulevard and NE 17th Terrace 40) NE corner of northbound Biscayne Boulevard and NE 4th Street 41) SE corner of southbound Biscayne Boulevard and SE 13t Street 42) SE corner of Flagler Street and North Miami Avenue 43) NW corner of Biscayne Boulevard and NE 15th Street 44) SE corner of Brickell Avenue and SE 141h Street 45) NW corner of Brickell Avenue and SE 14th Street 46) NW corner of Brickell Avenue and SE 13th Street 47) NE corner of Brickell Avenue and SE 12th Trail 48) Midblock on southbound Brickell Avenue, between SE 8th and 9th Street 49) Midblock on northbound Brickell Avenue, between SE 5th and 6th Street 50) Midblock on westbound Flagler Street, between NW Miami Court and NW 1st Avenue 51) SW corner of SW 1st Avenue and Flagler Street 52) NW corner of Flagler Street and SE 2nd Avenue 53) NW corner of Flagler Street and SE 3rd Avenue 54) SW corner of SE 3rd Avenue and SE 1st Street 55) NW corner of southbound Biscayne Boulevard and Flagler Street 56) SW corner of southbound Biscayne Boulevard and NE 1st Street 57) SW corner of southbound Biscayne Boulevard and NE 4th Street 58) Midblock on southbound Biscayne Boulevard, between NE 4th and 5th Street 59) SE corner of NE 36th Street and Biscayne Boulevard 60) SW corner of southbound Biscayne Boulevard and NE 3rd Street 61) NW corner of Biscayne Boulevard and NE 14th Street 62) NE corner of Brickell Avenue and SE 8th Street Page 2 of 2 03y 45S FROM : City Solutions, Inc. PHONE NO. : 561 562 7675 Feb. 28 2003 10:44AM P6 EXh.,BIT B - Page loft 2 QTYS0 U0NS'ADVERTZWGPI UCY CnYSOLUMM' rokm emy COMM* islee bora the gw&ty of lie for ciena who ooze MOD Contad with newer r,c: •. 1 till' 1 - r1 11.1 I :111 _ • • l .I :' II 1 ��`•.•!► r1 1 ♦:, 11. 11 r1'1 ;i � :lU �:y 1 :l� :•'�. •IIIA' / 1� :11 �lI: • �• .► t. • I I I �,' • a �' f •' . 1 vim, 1 •c. `v. •�t. f •. 1 r•. � r1 r1 1 11 I •. -. v,' .., 1 � 1: :'t ► t / >:��- a r� r. !1 �♦ • :.1 ✓.- r� ►• • �'MW MtMM t1!A M► r1 1.`• / : :1 1 ✓:/ • •7 : .' I • II � :i �;. \ It," rY. t11 1 � t `: �iil. r1. � • ::• r►:• t: • It 11./< r►• ► 1 ►'. r'. .• _� v. 1. • i • II • 11 / ► • 1 r11 .' :�♦ 1 '•1 t r /. V w� f 1 - +/ r►:• v -It Aff1#W4_' I �. •' I �► 11 • • 1 • ♦ : ► 1,... 11,1 / :• 1. 1 1 11 - `►:r ►'ll "Y. 1 f4i •: 13 ►1 ►1 �11 r►.1 • 1 1 1 rl 1 r! I'll Oil :III 1 :. •• • :i. 11 II •. �. :. a:.I • is r. 1 ► !.• .:�t • 1 ✓. `�� • I• • •' �. r1i1 61 •i I :'.I �: �.�. • • :1 :'1. 11 rl' ♦: r:Y 'I ':'J 1 `: r,: 11',1.• 11 i t :1✓i= ! 1 1 • I 11 •. • 1 It • 1 n • t t' • :•' �. 1 :' :n :.i u • '*IF: r• :t ♦:-f: •. •. w�l r •111 ✓.� �•.:♦ f •' .1 • • ti i! 1:.: •.• U • .. 1 r 11 - ;1 1 II r► Irl I 1 VhwT Ce"v Onix - RO. lox 407SS 9wwrw Owfmwllw, CA 93140 805 969-2394 965 969.1.253 PAX Ew•T Comm Orrics - 2200 4iw Ave Nowm, i3 !.wile Wevirm, WL 33451 S91 $67 .Son 361 $62-7475 FAX 03— 458 FROM : City Solutions, Inc. PHONE NO. : 561 562 7675 Feb. 28 2003 1e: 44RM He _AHIBIT B - Page 2 of 2 CITY Ser MOM' policy is to never display an advatisa nt on any of hs NFORMAIM CENEW which offends the reasonable saisbififis of the ckiaans it sous>Q MVM To accomplish this goal, COY SOUMC s' a g reprmsaotadives am sums W to Pm*m& 0MnuRWS WIM&Mb in its soficital im and accepowe of a&a i* g for display. Moreover, in every community, Cmr SoLuim s convenes an advismy Pao comprised of eametrad and civic Imides who are b*rmed and sadkive Zo the vab jes oftheir copy. This panel saves m an advisors' opacity, assn tg that to advertysemam which will offend a sepnent of the comim Ay is allowed to proomd m day. While it is Da alvAys possible to please every k'JiVld<14 it is possible to asslae that the community as a whole is not offended In the event that Cffy saumom and its copy basad. adverdsing Pand an advertisement'which a IeSWn=e eonoplaiat to the city, C uy Sotimeas wik within throe business days, bogie a review of the offmft adv�atisesnent. chis review, conducted by C ffY SouraaM stag and the oomn=ky based advatift pend wflI corse the rt>krd, of the complainL Should this process rest* in a decisn that the eamplaht is valid, C nY SoLtmom wdl remove all copies of said adverfisiog in the city vidin S business day& A,dMumlly, if the local rnwegi g Dowrdmm Amoceadon deennhes that the aidverfi ft eoneect is se►iansly on gwun& which at reamonal* and koduk then upon thea vmom request; C nySo><znl m wfflnmovetheadvetema* m cion. Conve[Sdy, ifflusproeess=Lft is tbe- OselnenttnrdmSh then CVW effortwdlbemadeto =dF�--- YvTiein&ed=WwIoIhecff=W party,and m good ompo alerelationswithallc d 1111 P 03- 458 TO: Priscilla A. Thompson City Clerk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: April 8, 2003 SUBJECT: Request to Publish Notice of Public Hearing FROM: "_i REFERENCES: Albe A. ominguez, Acting Director Public Works ENCLOSURES: FILE : Please make arrangements to publish a Notice of Public Hearing for discussions pertaining to the renewal of the Revocable Agreement for the provision of modular newsracks in designated City of Miami rights of way. The Public Hearing has been scheduled for May 1K;,2003. Please charge to index code: 310201-287. APPROVE - Alonso Agenda Coordinator AAD/m cc: Cost Analysis Central CAMy Documents\RESOLUTIONS\City Solutions - Agrmnt Renewal - RESO.doc `U3— 458 CITY OF MIAMI NOTICE OF PUBLIC HEARING A public hearing will be held by the City Commission of the City of Miami, Florida on May 8, 2003, at 9:00 a.m., at Miami City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of authorizing the renewal of the revocable agreement with City Solutions Inc., for the provision of modular newsracks in designated City of Miami rights of way. All interested persons are invited to appear and may be heard concerning this matter. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based. (City Seal) (#11030) Priscilla A. Thompson City Clerk U3-- 458 J-03-222 04/28/03 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTER AN ADVERTISED PUBLIC HEARING, APPROVING THE CITY'S OPTION TO RENEW, FOR A TWO-YEAR PERIOD, THE REVOCABLE AGREEMENT ("AGREEMENT") DATED NOVEMBER 27, 2001, WITH CITY SOLUTIONS, INC., ATTACHED AND INCORPORATED, AUTHORIZED PURSUANT TO RESOLUTION NO. 01-1149, FOR THE PLACEMENT OF MODULAR NEWSRACKS ON DESIGNATED PUBLIC RIGHTS-OF-WAY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. After an advertised public hearing, the City's Option to renew, for a two-year period, the Revocable Agreement ("Agreement") dated November 27, 2001, with City Solutions, Inc., attached and incorporated, authorized pursuant to Resolution No. 01-1149 is approved, for the placement of newsracks on designated public rights-of-way. 03- 458 Section 2. The City Manager is authorized!' to execute all necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayoral PASSED AND ADOPTED this day of ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED AS TO FORM AND CORRECTNESS ALEJANDRO VILARELLO CITY ATTORNEY W7011:tr:AS:BSS 2003. MANUEL A. DIAZ, MAYOR zi 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. ?� 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- 458 REVOCABLE AGREEMENT • BETWEEN THE CITY OF MIAMI AND CITY SOLUTIONS, INC. FOR THE PROVISION OF MODULAR NEWSRACKS AS A PILOT PROJECT ON THE PUBLIC RIGHTS -0F -WAY IN THE CITY OF MIAhn s. 03— 4 yhtf03- 458 TABLE OF CONTENTS 1. Compliance......................................................................................................................1 2. Location Of The Modular Newsracks..............................................................................1) 3. Interest Conferred By This Agreement............................................................................2 4. Cancellation By Request Of Either Of The Parties Without Cause ................................? 5. Term Of Agreement.......................................................:.................................................2 6. Width Of Modular Newsrack...........................................................................................3 7. Maintenance.....................................................................................................................3 8. Condition Of The Area....................................................................................................3 9. No Liability......................................................................................................................4 10. Penalty For Violation Of Rules And Regulations..........................................................5 11. Termination By City Manager For Cause......................................................................5 12. Advertising Matter.........................................................................................................5 13. Advertising Revenue......................................................................................................5 14. Insurance........................................................................................................................6 15. Responsibility for Damage............................................................................................6 16. Indemnification..............................................................................................................6 17. Court Costs And Attorney(s)' Fees................................................................................7 IS. Audits.............................................................................................................................7 19. Surrender Of Area..........................................................................................................8 20. Assignment Or Transfer.................................................................................................9 03. 45. 21. written Notices.............................................................................................................9 22. Amendmenu, Modifications And Severability.............................................:................9 23. Enure Agreement................................................................:........................................10 24. Construction.................................................................................................................10 25. Approval By The Oversight Board..............................................................................10 IF 03- 458 REVOCABLE AGREEMEN. This Revocable Agreement (herein referred to as the "Agreement"). made and entered into this 27 day of 9CNE MgF. R. , 2001, by and. between the CITY OF MIAMI, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as "City') and CITY SOLUTIONS. INC., a Corporation, (hereinafter referred to as "SOLUTIONS"). Y;I TNESSETH: WHEREAS, pursuant to Ordinance No. 12053 , passed and adopted by the City Commission on Aril , 26th , 2001, which permitted among other things, the establishment of a pilot program for the provision of modular newsracks, which would be free to publications, was authorized; NOW, THEREFORE, in consideration of the above premises and the conditions, ..set forth below, the City authorizes SOLUTIONS to provide advertising subsidized modular newsracks on the designated City public rights-of-way in accordance with the terms set forth below. 1. Compliance SOLUTIONS shall abide by all applicable rules, regulations and laws of the State of Florida, County of Miami -Dade, and the City of Miami, now in force or hereinafter adopted, specifically including, but not limited to, Chapter 54, Article VII of the City Code entitled `Newsracks on Public Rights -of -Way". Furthermore, SOLUTIONS shall abide .by the written rules and regulations established by the City Manager or duly ►. authorized representauve. This Agreement shall be construeu and enforced according to the laws of the State of Florida. 2. Location Of The Modular Newsracks. Composite Exhibit "A" sets forth with specificity the locations .that the Ciry ._, authorizes SOLUTIONS to place its modular newsracks. 3. Interest Conferred By This Agreement SOLUTIONS agree that this Agreement has been issued by the City to authorize SOLUTIONS to occupy the public rights-of-way solely for the limited purposes set forth herein. The parties hereby. agree that the provisions of this Agreement do not constitute a lease and the rights of SOLUTIONS hereunder are not those of a tenant but are merely a personal privilege to do certain acts of a temporary character and to otherwise use the public rights-of-way subject to the terms of this Agreement. No leasehold interest id the area is conferred upon SOLUTIONS under the provisions hereof and SOLUTIONS does not and shall not claim at any time any leasehold estate or ownership in the public rights- of-way by virtue of this Agreement. SOLUTIONS does not have, and shall not claim at any time, any interest or estate of any kind or extent whatsoever in. the public rights-of- way by virtue of any expenditure of funds by SOLUTIONS for improvements, construction, repairs, partitions or alterations which may be authorized by the City. 4. Cancellation By Request Of Either Of The Parties Without Cause Either party may cancel this Agreement at any time with thirty (30) days written notice to the non -canceling party prior to the effective date of the cancellation (the "Notice Period'). 5. Term Of Asreement. 2 o3- 458 The term of this Agreement shall be for a period of on. (I )�year beginning on the date of signature by the City Manager. The City shall have the option to renew this Agreement for additional one (1) year periods following public hearing and approval by the City Commission. 6. Width Of Modular Newsrack For the purposes of determining fees and bonds, and enforcing placement restrictions, in accordance to Chapter 54, Article VII of the City Code, the width of, the modular newsrack shall equate to the quantity of newsracks as indicated below: - Width of Modular Newsrack Equiv. No. of Newsracks Annual Permit Fee 21 to 40 inches 2 $20.00 41 to 60 inches 3 $40.00 61 to 80 inches 4 $60.00 81 to 96 inches 5 580.00 The modular newsrack width shall not exceed 96 -inches. 7. Maintenance SOLUTIONS shall maintain the modular newsracks and assure they are clean, painted and free of graffiti in accordance with applicable City Code provisions. 8. Condition Of The Area SOLUTIONS accepts the public rights-of-way "as -is", in its present condition and state *or repair, and without any representation by or on behalf of the City, and agrees that City shall, under no circumstances, be liable for any latent, patent or other defects in the area. SOLUTIONS, at its sole cost, shall maintain the public rights-of-way within a six (6) foot radius of its modular newsrack in good order and repair at all tunes and in attractive, clean, safe and sanitary condition and small suffer no waste or injury thereto. SOLUTIONS shall be responsible for all repairs to this area of the public rights-of-way 3 ' 458 required or caused by SOLUTIONS' use of part thereof. SULUTIONS agrees to make all -changes necessary to the public rights-of-Asy at SOLUTIONS' sole cost and expense in order to comply with all City, County and State code requirements for SOLUTIONS' occupancy thereof. 9. No Liability In no event shall the City be liable or responsible for injury, loss or damage to the property, improvements, fixtures and/or equipment, including without limitation. the modular newsrack, belonging to or rented by SOLUTIONS, it officers, agents. employees, invitees or patrons occurring in or about the public rights-of-way that may be stolen, destroyed, or in any way damaged, including, without limitation, fire, flood, steam, electricity, gas, water, rain, vandalism or theft which may leak or flow from or into any part of the public rights-of-way, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, plumbing, light poles or light fixtures on the public rights-of-way, or from hurricane or any act of God or any act of negligence of any user of the facilities or any person whomsoever whether such damage or injury results from conditions arising upon the public rights-of-way or from other sources. SOLUTIONS indemnifies the City, its officers, agents, and employees from and against any and all - such* claims even if the claims, costs, liabilities, suits, actions, damages or causes of action rises from the negligence or alleged negligence of the City, including any of its employees, agents, or officials. SOLUTIONS further acknowledges that as lawful consideration for being granted the right to utilize and occupy the public rights-of-way, SOLUTIONS, on behalf of itself, its agents, invitees and employees, does hereby release from any legal liability the City, its officers, agents and employees, frdm any and all 4 claims for injury, death or property damage resulting from SO�iTIONS use of the public rights-of-way. 10. Penalty For Violation Of Rules And Regulations. The City, through its proper officials, reserves the right and authority to prescribe any additional rules and regulations, and SOLUTIONS agrees to abide by all the rules and regulations. Furthermore, SOLUTIONS shall comply with the provisions of any law. rule or regulation relative to newsracks. Violations of rules and regulations as prescribed by the City through its proper officials will be sufficient grounds for SOLUTIONS to forfeit the whole or part of this Agreement as determined by the City. 11. Termination By City Manager For Cause If, at the sole and complete discretion of the City, SOLUTIONS in any manner violates the restrictions and conditions of this Agreement, or fails to perform any of -the terms and conditions contained herein, then, and in the event, after ten (10) days written notice given to SOLUTIONS by the City Manager within which to cease such violation or correct such deficiencies, and upon failure of SOLUTIONS to do so after such written notice within said ten (10) day period, this Agreement shall be automatically cancelled without the need for further action by the City. 12. Advertising Matter SOLUTIONS voluntarily and with its own free will agrees to comply with the advertising guidelines attached to this Agreement as Exhibit "B". 13. - Advertising Revenue SOLUTIONS shall submit to the City, on the fifteenth (IS*) of each month, five percent (51%) of SOLUTIONS' gross advertising revenue received from the previous 03-- 458 month. SOLUTIONS shall submit with each payment a copy of their monthly revenue report, showing advertising revenues received from the previous month. An,. unpaid balance of monies not paid when due shall bear an interest charge of eighteen percent (18%) per annum until paid. 14. Insurance SOLUTIONS shall maintain insurance as specified in Section 54, Article VII of the City Code entitled "Newsracks on Public Rights -of -Way" during the term of. the Agreement. 15. Responsibility For Damaze The City will not be responsible in any way for the modular newsracks including, but not limited to, any damage from theft, vandalism or disappearance of either the modular newsracks or the materials placed in such newsracks. 16. Indemnification SOLUTIONS covenants and agrees that it shall indemnify, hold harmless, and defend the City, its agents, officers and employees from and against any and all claims, suits, action, damages or causes of action arising during the term of the Agreement for any personal injury, loss of life, or damage to property sustained in or about the newsracks, by reasons of or as a result of SOLUTIONS' occupancy of the public rights- of-way, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all costs, court costs, attomey's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof; even if the claims, costs, liabilities, suits, actions, damages or causes of action 03. 458 6 arise from the negligence or _ alleged negligence of the uty. including any of its employees, agents or officials. 17. Court Costs And Attorney(s)' Fees In the event it becomes necessary for the City to institute legal proceeding to enforce or interpret the provisions of this Agreement, SOLUTIONS shall pay the City's court costs and attorney's fees through all trial and appellate levels. - SOLUTIONS acknowledge that Florida law provides for mutuality of attorney's fees as a remedy in • contract cases and specifically and irrevocable waives its right to collect attorney's fees from the City under applicable laws, including specifically, but not limited to Section 57.105, Florida Statutes. It is the express intent of the parties hereto that in no event will the City be required to pay SOLUTIONS' attorney's fees and court costs for any action arising out of this agreement. In the event that SOLUTIONS' waiver under this section is found to be invalid then SOLUTIONS agrees that the City's liability for SOLUTIONS' attorney's fees and court costs shall not exceed the sum of $100.00. In the event that the waiver and limitations contained herein are found to be invalid, or are otherwise not upheld, then the provisions of this Section shall become null and void and each party shall be responsible for its own attorney's fees and costs. 18. Audits During the term of this Agreement and any extension thereof, SOLUTIONS shall maintain audited financial statements, income tax returns, Florida sales tax returns, invoices showing advertising fees charged, agreements executed between SOLUTIONS and its clients, an inventory of all the Modular Newsracks located in the City, bank statements and deposit receipts, cash receipt journals, sales journals, a general ledger and 03- 458 - any other appropriate records as may be reasonably required by good accounting practices pertaining to its business operations with regard to the placement of Modular Newsrack on the Public Rights -of -Way. City shall have the right at all reasonable times. upon reasonable notice and during normal business hours, to examine the books and records of SOLUTIONS, which shall be maintained and kept by SOLUTIONS within the corporate limits of Miami -Dade, County, Florida. The City Manager shall have the discretion to require the installations of any reasonable additional accounting methods as he may deem reasonably necessary so long as such installations are consistent with professional accounting standards as applied in the industry. The City, at its sole expense, may, at reasonable times and for a period of up to three (3) years following the expiration of the term of this Agreement or any extension, or earlier termination thereof, audit, or cause to be audited, those books and records of SOLUTIONS. SOLUTIONS agrees to maintain all such books and records at its offices located within the corporate limits of Miami -Dade County, Florida. 19. Surrender Of Area SOLUTIONS will quietly and peaceably remove the modular newsracks upon the termination or expiration of this Agreement and repair the sidewalk and/or grass area to the same condition it was at the inception of this Agreement. Should SOLUTIONS fail to repair any damage caused to the public rights-of-way within ten (10) days after receipt of written notice from the City directing the required repairs, the City shall cause the public rights-of-way to be repaired at the sole cost and expense of SOLUTIONS. SOLUTIONS shall pay the City the full cost of such repairs within ten (10) days of receipt of an invoice indicating the cost of such required repairs. In the event s 03- 458 SOLUTIONS fails to remove its personal property, equipment and fixtures from the public rights-of-way within the time limit set by the notice, said property shall be deemed abandoned and thereupon shall become the sole personal property of the City. The City. at its sole discretion and without liability, may remove and/or dispose of same as the City sees fit, all at SOLUTIONS' sole cost and expense. 20. Assignment Or Transfer SOLUTIONS cannot assign or transfer its privilege of occupancy and use granted unto it by this Agreement. In the event that the City consents to any assignment of SOLUTIONS' rights and obligations under the Agreement, then SOLUTIONS shall be authorized to assign this Agreement to the assignee of the Agreement. 21. Written Notices Any and all notices under this Agreement shall be deemed to have been 'given when placed in the United States mail, certified, return receipt requested, addressed as follows: For SOLUTIONS: For CITY: Copy: Tom Trento, president Director City Manager City Solutions Dept. of Public Works 444 SW 2"d Avenue . 2200 4t° Avenue North, #3 444 SW 2"d Avenue Miami, Florida 33130 Lake Worth, Florida 33461 Miami, Florida 33130 22. Amendments, Modifications And Severability No amendments or modifications to this Agreement shall be binding on either party unless in writing, signed by both parties and approved by the City Commission. Should any provisions, -paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or 9 ��------- ---- ----- ------------------- --- -03- 458 - otherwise unlawful w,"cr the laws of the State of Florida o, the Cit}•. such provisions. paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, and the same may be deemed severable by the City. and in such event, the remaining terms and conditions of this Agreement shall remain unmodified and in full force and effect. 23. Entire Agreement This instrument and its attachment constitute the sole and only agreement of the " parties hereto and correctly sets forth the rights, duties and obligations of each to _the other as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. 24. Construction This Agreement is the result of negotiations between the parties and has been typed/printed by one party for the convenience of both parties, and the parties covenant that this Agreement shall not be construed in favor of or against either of the parties. 25. Approval By The Oversisht Board The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Boardj, which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be bonding on the City until such time as they have been approved by the Oversight Board. Attestation of this Agreement by the City Clerk shall constitute evidence of approval by the Oversight Board. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in their names by their duly authorized officers, all as of the day and year first above written. 10 03- 458 2;;z Mos ez lom Trento City I President. City Clerk APPR D AS INSURANCE. KEQUIREMENTS: l� Mario Soldevilla, Director 411 Risk Management Department FORM AND CORRECTNESS: Corporate cretary 11 03- 458 Subiect: APPROVED LC` "' ATIONS — - _Reference: Modular Newsrack Pilot Program Firm: City Solutions, Inc. Date: July 27, 2001 1) NW corner of Flagler Street and NW 2nd Avenue �2) NW corner of Flagler Street and NW 1st Avenue 3) NE corner of Flagler Street and NW Miami Court 4) NW corner of Flagler Street and NE 2nd Avenue 5) NE corner of Flagler Street and NE 2nd Avenue 6) Midblock on Flagler Street North side, between NE 2rkd and 3rd Street 7) ' NE corner of Flagler Street and NE 3rd Avenue 8) NW corner of Flagler Street and Nt: 3ra Avenue 9) NW corner of Biscayne Boulevard and NE 36th Street 10) NW corner of Biscayne Boulevard and NE 17th Street 11) NE corner of Biscayne Boulevard and Port Boulevard 12) NE corner -of northbound Biscayne Boulevard and NE 2nd Street .'. 13) NW corner of southbound Biscayne Boulevard and NE 2nd Street 14) SW corner of northbound Biscayne Boulevard and SE 1st Street 15) NE corner of southbound Biscayne Boulevard and SE 2nd Street 16) SW corner of Flagler Street and South Miami Avenue 17) NW corner of Fitapaldi Street and South Miami Avenue 18) SW corner of South Miami Avenue and Fitapaldi Street 19) SW corner of South Miami Avenue and SW 8th Street 20) SW corner of SE 9th Street and Brickell Avenue 21) NW corner of Brickell Plaza and SE 10th Street 22) SW corner of Aviation Avenue and South Bayshore Drive 23) SE corner of South Bayshore Drive and Aviation Avenue 24) SE corner of South Bayshore Drive and Pan American Drive 25) SW corner of South Bayshore Drive and Pan American Drive 26) West side of Miami City Hall entrance 27) Midblock on Grand Avenue South side, between Rice and Mary Street 28) NE corner of Grand Avenue and Commodore Pl= (Post Office) Page 2 of 2 29) SW corner of Grand Avenue and McFarlane Road 30) SW corner of Main F away and Fuller Street 31) SE corner of Biscayne Boulevard and Port Boulevard 32) SW corner of Main Highway and Commodore Plaza 33) SW corner of Brickell Avenue and SE 10th Street 34) SW corner of Brickell Avenue and SE 10th Street 35) NW corner of Biscayne Boulevard and NE 35th Street 36) SW corner of Biscayne Boulevard and NE 30th Street 37) NW corner of Biscayne Boulevard and NE 28th Street 38) SW corner of Biscayne Boulevard and NE 25th Street 39) NW corner of -Biscayne Boulevard and NE 17th Terrace 40) NE corner of northbound Biscayne Boulevard and NE 4th Street 41) SE corner of southbound Biscayne Boulevard and SE 1st Street 42) SE corner of Flagler Street and North Miami Avenue 43) NW corner of Biscayne Boulevard and NE 15th Street 44) SE corner of Brickell Avenue and SE 14th Street 45) NW corner of Brickell Avenue and SE 14th Street 46) NW corner of Brickell Avenue and SE 13th Street 47) NE corner of Brickell Avenue and SE 12th Trail 48) Midblock on southbound Brickell Avenue, between SE 8th and 9th Street 49) Midblock on northbound Brickell Avenue, between SE 5th and 6th Street 50) Midblock on westbound Flagler Street, between NW Miami Court and NW 1st Avenue 51) SW corner of SW 1st Avenue and Flagler Street 52) NW corner of Flagler Street and SE 2nd Avenue 53) NW corner of Flagler Street and SE 3rd Avenue 54) SW corner of SE 3rd Avenue and SE 1st Street 55) NW corner of southbound Biscayne Boulevard and Flagler Street 56) SW corner of southbound Biscayne Boulevard and NE lst Street 57) SW corner of southbound Biscayne Boulevard and NE 4th Street 58) Midblock on southbound Biscayne Boulevard, between NE 4th and 5th Street 59) SE corner of NE 36th Street and Biscayne Boulevard 60) SW corner of southbound Biscayne Boulevard and NE 3rd Street 61) NW corner of Biscayne Boulevard and NE 14th Street 62) NE corner of Brickell Avenue and SE 8th Street Page 2 of 2 ®-3-- 458 FROM : City Solutions, Inc. PHDO E NO. : 561 582 7675 Feb. 28 2003 10:44AM P6 HMT B - Page lof 2 =SO.LUHOMpADYER7ZWVGPOMCY QMYSOLVTw ' rdek ewy commtmityia bedxm &e q=W of lbrc m V&D come WD 000txt WO rads -1. '• • �� • •C .. •• 1 •_/1. 1 • •• 1 jiZz•iil.. • ,: —17 -1 l Pil• . •1 • • r 1 1'1. • �� '' • • _••, lig, 1. i1 •< ••1 • ► • r. --, 1: • 1 • i 1-: • I • 1 / • 1 /.: C. •' rl f • • : • t ; I.:- • •.1 /: �. • • 1 r7 `•+�tl ter. / • /. •. • • 1 • TI'll r ,i__ in ate, On Soumom %9 aQoept o =laliy ex bft miaotsy is k—my obscene or ovaly mg9m6m, whwafs or sepals cml activity; atedcs or danoans the diesr , i city, or soft of any aim Cr kmfwi&4- or they i% in the opa*m of Ch Y SOUJnOW mordliy K9m 1�bie. NatwAtibtanda-g C7r�r SoUTtic�s' sled pofick% Cny Soun>om wm maiMnoattq ttocea9ororzesticicxpO i1W speech ON sam7mm Soppat5 the dtlay of public savior mks for wafliy aommmy cmmby I Mi ata&=dmftforarb anaq=ava&HebesiL Mu* CemT O•r•ct • PLO. Aar 40759 ff"r Co4sr Orn= - s=N 4n• Ave Mown, 03 arl•Ta ftemanw, CA 93740 twee Wown•, 1L 39401 a" 9a9.2zu am 989,2295 PAX 391 902.88= 361 383.7675 PAX 03- 458 .XHIBIT B - Page 2 of 2 CfIY SOLMIOM' policy is to WVO daplay an adM Ik i- mdrt vn any of kS momAim cmin B winch offm& liar reammble walffifim of flee it 77!.w • mat'_. To acoompinh this goal, CrtY Sa maW advefrg rgresanWvm am saM+e to pcatiouler o n my mWs SwAmds in its soman and aooepowe of abu6sieg fior d',*y. Ubwow, in evety community, Cmc SOLMMM eonvem an advismy panck compn9ed of emow d cdbm and civic ieadeis who arc' 6o 1 ned and sewWwo to the values of their COMMImity. This pand serves in an advisory cupacdty, aMi g tient no advertisement which vvdl offaad a segma t of the co unmity is all ped to proceed to dispky. Whsle it is not alwgs to pima evety idviduml, it is posssit i- to aero that the corm u* as a whole is not offended in the evout that Cmc Sau mm and its community bmed advertising Pend sooepts an adva..Ij I j I tv"ch @morales a kmAnaoe eoaopidd to the city, C rry SOLUTx s win, w+idhin tlm bum= days, begin aramw of the o8'and®g Ibis mview, ooc drafed by CrrY Soumcm staff and the comnwn y basod mhmrdsmgp and wM ooraddathenxsits ofdw Cor t. Should this process result in a dadmon that the complain is vdtbd, CnYSoL UMNs will t+ Ove all 0*= of said a&mrdsiag in the city vvithm S bcsasss days. AdM=IIY. if the local maneng Downtown Asmcis im de am ims that the advestifg eorAM is wim* atj-,dmmbia on go uc& vAich are zwsa mile and left dam upon the@ wrbm pmt, CnySourncm writ rrmmtc is qadim Cnved, if$ �dwtisCQY affftionnhe offended mtwdlbemdeopepecynd s party, aodnaaaftangood oacpomftw atioosa hail cites. 03- 458 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of P.O. 11030 CITY OF MIAMI - PUBLIC HEARING 5/8/2003 REF. CITY SOLUTIONS, INC. in the XXXX Court, was published in said newspaper in the issues of 04/28/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, reb commi refund for the purpose of securing thi dvertis ent for p lication in the said newspaper. Sw t ubscribed bef day f PRIL A.D. 200 (SEAL)MARIA I. MESA 4 4," MY COMMISSION # CC 8x5640 O.V. FERBEYRE perso to r{6PIR"cS: March 4, 2004 „a{ a W Bonded Thru Notary Public Underwriters bin i4if he held by the QV CommiSSIOn of the. CRY. Of '. AmeAcen Drive, Miall, Florida, forilhe#*poae of i t WOW" Of the #abla aproarrrant.wit W. for-Owpil W810A of modutatrtlFlra &cM In deaf W90Ctil+. Allirnawe personstruafrsl edi9oappg�cand !h this mgpler: any frapn desire tq of the Ciy that C0m66"rW#Ft ,. person ensu ,4 ffiAt nqa is at rlie, including all may be based. , P-dsW[aA.Thompapa (#11030) 03-3-37/3"324M