HomeMy WebLinkAboutR-01-1149J-01--754
10/16/01
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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 -WAX 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
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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
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.
Page 2 of 3
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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.�!�
PASSED AND ADOPTED this
ATTEST:
25th
day of October , 2001.
JOE CAROLLO, MAYOR
P'I''�`,^'`4r,Miyor 61 not p.nn!irn,�,A of
WALTER J. FOEMAN
CITY CLERK
W5602:YMT
zi If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the
City Commission.
Page 3 of 3
EXHIBIT "A"
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-OF-WAY
IN THE CITY OF MIAMI
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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
S. 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
18. Audits.............................................................................................................................7
19. Surrender Of Area..........................................................................................................8
20. Assignment Or Transfer.................................................................................................9
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21. Written Notices...................................................................... c
........................................
22. Amendments, Modifications And Severability..............................................................9
23. Entire Agreement.........................................................................................................10
24. Construction.................................................................................................................10
25. Approval By The Oversight Board..............................................................................10
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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 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
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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
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REVOCABLE AGREEMENT
This Revocable Agreement (herein referred to as the "Agreement"), made and
entered into this day of , 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. , passed and adopted by the City
Commission on 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
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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 in 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").
S. Term Of Agreement.
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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 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.
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
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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
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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
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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
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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 4"' 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°d 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
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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.
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CITY OF MIAMI, FLORIDA
By:
Carlos A. Gimenez
City Manager
ATTEST:
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C0UAWY•]gillILSWR
Tom Trento
President
Walter J. Foeman Corporate Secretary
City Clerk
APPROVED AS TO INSURANCE REQUIREMENTS:
Mario Soldevilla, Director
Risk Management Department
APPROVED AS TO FORM AND CORRECTNESS:
Alejandro Vilarello
City Attorney
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Mooui-Ax NEws RAcKs Foy AmsmGA's c;rr s
EXHIBIT `'B"
(Page l of 2)
=S0LUTS0NS'ADVERTISINGP0LICY
CITYSOLUTIONS' desires to enhance the quality of life for
all people who come into contact with our newsracks.
Newsracks play an integral role in every community. At CnTSOLunoNS we are sensitive
to reasonable concerns and community standards regarding advertisements displayed on
our INFORMATION CENTERS. CITY SOLUTIONS also recognizes that standards vary from
community to community. For example, advertisements considered appropriate in certain
areas of San Francisco or New York may be considered inappropriate in other areas of
the country. Advertisements considered acceptable in tobacco producing areas of North
Carolina or liquor -producing areas of Kentucky or Tennessee may be unacceptable in
other areas of the country. Therefore, CITY Sol.U77oNs' advertising policy is based upon
the specific standards of each community it serves. In Miami tobacco advertisements will
be prohibited.
In addition, CITY SOLUTIONS will accept no advertising which is misleading; sexually
exploits minors; is legally obscene or overly suggestive; advocates or supports criminal
activity; attacks or demeans the character, integrity, or standing of any organization or
individual; or that is, in the opinion of CITY SOLUTIONS' management, morally
reprehensible. Notwithstanding CITY SoLuvoNs' stated policies, CITY SOLU770NS will
make no attempt to censor or restrict political speech.
CITY SoLUI'IoNs supports the display of public service messages for worthy community
causes by charging a reduced rate for such messages on a space available basis. During
the Miami Demonstration Program, CITY SOLuuw will prioritize advertising for local
merchants.
WEST COAST OFFICE - P.O. Box 40759
SANTA BARBARA, CA 93140
005 989.2294 005 969.2290 FAX
EAST COAST OFFICE - 2200 4TH AYE NORTH, 03
LAKs WORTH, FL 33461
581 602.8822 881 582.7670 FAX
(Page 2 of 2) -
CITY SOLUTIONS' policy is to never display an advertisement on any of its INFORMATION
CENTERS which offends the reasonable sensibilities of the citizens it seeks to serve.
To accomplish this goal, CITY SOLUTIONS' advertising representatives are sensitive to
particular community's standards in its solicitation and acceptance of advertising for
display. Moreover, in every community, CITY SOLUTIONS convenes an advisory panel,
comprised of concerned citizens and civic leaders who are informed and sensitive to the
values of their community.
This panel serves in an advisory capacity, assuring that no advertisement which will
offend a segment of the community is allowed to proceed to display. While it is not
always possible to please every individual, it is possible to assure that the community as a
whole is not offended. In the event that CITY SOLUTIONS and its community based
advertising panel accepts an advertisement which generates a legitimate complaint to the
city, CITY SOLmomv will, within three business days, begin a review of the offending
advertisement. This review, conducted by CITY SoLuHoNs staff, and the community
based advertising .panel will consider the merits of the complaint.
Should this process result in a decision that the complaint is valid, CITE' SOLUTIONS will
remove all copies of said advertising in the city within 5 business days. Additionally, if
the community based advertising panel determines that the advertising content is
seriously objectionable on grounds which are reasonable and lawful CITE' SOLUTION. will
remove the advertisement in question.
Conversely, if this process results in allowing the advertisement to remain, then every
effort will be made to properly and professionally explain the decision to the offended
party, and maintain good corporate relations with all citizens.
FOR CITY SOLUTIONS INC
TOM TRENTO, PRESIDENT October 2, 2001
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0 • EXHIBIT "C"
Subject: APPROVED LOCATIONS
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 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
• EXHIBIT "C"
29) SW corner of Grand Avenue and McFarlane Road
30) SW corner of Main Highway 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 2501 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 18t 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 80 and 90h 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 140h Street
62) NE corner of Brickell Avenue and SE 8th Street
Page 2 of 2
JL _1.1-10
CITY OF MIAMI, FLORIDA 0 26
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor Joe Carollo and
Commissioners
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FROM: l0 Carlos A. Gimenez
City Manager
DATE : OCT - 9 L f FILE
SUBJECT: Recommendation for Pilot
Modular Newsrack Agreement
REFERENCES:
ENCLOSURES:
RECOMMENDATION: It is recommended that the City enter into an
agreement(s) for private agencies to provide modular newsrack services on a
pilot/trial basis for a period not to extend beyond one year which said service shall
provide the City five percent (5%) of advertisement revenues on a monthly basis.
The purpose of this coming back before the Commission is to agree upon the
percentage of advertising revenues to be remitted to the City during the pilot
project period.
BACKGROUND: When the City passed the amended newsrack ordinance on April
26, 2001 (Ordinance No. 12053), it provided for the City to enter into a modular
newsrack pilot program that is consistent with all of the provisions of the ordinance
for newsracks [Section 54-262.(b)], but it did not provide for an amount to charge
for the advertising. It is recommended that 5% would be a fair amount to charge
for a one year pilot program in that the contractor would have to supply all the
equipment and installation at no cost to the City for a one year period and because
of the fact that prime locations would not be available in that regular newsracks
occupy these spots. If it is found, after the pilot program, that modular newsracks
are a viable alternative to single type newsracks, the City would pursue the
appropriate vehicle for implementing a permanent modular newsrack program.
1 filo!
CAG/FKR/ds