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HomeMy WebLinkAboutR-99-0385T.� %1- J-99-279 5/28/99 RESOLUTION NO. 9 9— 38 5 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE PERMIT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A SPECIFIED TERM, BETWEEN THE CITY OF MIAMI ("CITY") AND AD FOR YOU, INC., TO INSTALL MAINTAIN AND SERVICE LITTER CONTAINERS, WITH ADVERTISING, THROUGHOUT THE CITY OF MIAMI. WHEREAS, pursuant to Motion No. 98-214, adopted February 24, 1998, the City Commission authorized the City Manager to negotiate an agreement, in a form acceptable to the City Attorney with Ad For You, Inc., (the "Company") to install litter containers, with advertising, throughout the City of Miami; and WHEREAS, these containers will be maintained and emptied by the Company, at no cost to the City; and WHEREAS, the Permit Agreement ("Agreement") will be non-exclusive for three (3) years from execution thereof and the City shall have the option to renew said Agreement for a period of up to two (2) additional years under the same terms, conditions and provisions established therein, provided the =Y COMUSSION F=ING OF JUN n 9 1999 Secolution No. 99-- 385 __ Company is not then in default; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized!' to execute a non-exclusive Permit Agreement ("Agreement"), in a form - acceptable to the City Attorney, between the City of Miami ("City") and Ad For You, Inc., (the "Company") to install, maintain and service litter containers throughout the City of Miami at no cost to the City. Section 3. This Resolution shall become effective �i 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. E 39- 6�5 s 7. Y.� immediately upon its adoption and signature of the MayorV. PASSED AND ADOPTED this 8th day of _June 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indica ,? ?pprc �/al of this legislation by signing it in the designated place prcvidad, snid Ie''; r C;� nc:r becomes effective with the elapse of ten (10) days fropR711edata cf '�cmrr:iasi regarft same, without the Mayor eczi ATTEST: an, lerk WALTER J. FOEMAN CITY CLERK AND CORRECTNESS:Y% 2:RCL it 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 99-- 385 PERMIT AGREEMENT 1. TERMS AND AGREEMENT: Permittee is hereby granted the non-exclusive right to install and maintain litter receptacles at selected bus stops and other locations throughout the City of Miami as designated by the Director of the Department of Solid Waste; and to sell advertising thereon. The term will be (3) three years from execution, commencing , 1999. However, the City of Miami, through the City of Miami Department of Solid Waste Director, shall have the option to renew this Permit for a period of up to two (2) additional years under the same terms, conditions, and provisions established herein, provided it is not then in default. Dimensions for the receptacles are shown in Exhibit 1. Although the rights granted herein are non-exclusive, for the duration of this permit, the City of Miami will not grant the right to install advertising trash receptacles to any other provider(s) at any bus stop, as it may be amended in accordance with Article 10 of this Permit. 2. FEES: It is agreed and understood that Permittee will be required to allocate a minimum of 5% of bins allocated City wide for the use of City Public Service Announcements. It is agreed and understood that this is a permit agreement and that Permittee will not be required to pay a fee under this permit or share advertising revenues with the City of Miami. However, Permittee shall acquire all permits that may be required by any agency of appropriate jurisdiction for installation of the receptacles and removal or disposal of litter. Permittee shall also pay any and all related permit fees and will be required to pay all taxes, if any, that may be assessed. 3. TERMINATION: This Permit Agreement may be terminated in accordance with the provisions of the City of Miami Municipal Codes; Chapters 22 or 54 copies of which are attached hereto as Exhibits 2 and 3. Additionally, the City shall have the right to terminate this Permit Agreement with or without cause upon 30 days prior to written notice. 4. ASSIGNMENT: Permittee shall not assign this Permit Agreement. 5. LAWS, REGULATIONS, AND PERMITS: Permittee shall comply with all applicable statutes, ordinances, rules, orders, regulations, and requirements of the Federal, State, County and Municipal Governments including but not limited to Chapter 22 and Chapter 54 of the City of Miami Municipal Code ( all applicable sections), Chapters 337.407, 479.16 and 553.48 of the Florida Statutes, Section 4.3.1 of the American National Standards Institute, and all other applicable requirements and/or regulations contained in the Americans with Disabilities Act of 1990. Permittee shall provide proof of compliance with all applicable required license, permits and other legal requirements prior to execution of this Permit Agreement. 99- v� °4.' 6. INSTALLATION REQUIREMENTS: Permittee will be required to comply with the following specifications for each proposed location: a) Permittee will secure authorization from the Department of Solid Waste per guidelines of Chapter 22 and Public Works per guidelines of Chapter 54 of the municipal code for each proposed installation. Permittee will be provided site locations for the installation of containers with all necessary details that may be required by the Department of Public Works and Solid Waste to insure compliance. b) A minimum of 44B inches of sidewalk clearance is required. c) Litter bins installed near intersections must not interfere with the line of sight of traffic or pedestrians. Bins must be placed in the required location running along the street/sidewalk. d) Setback requirements (2 %2 ft.) will be consistent with existing standards for bus stops found in Chapter 54, Section 54-91 - Public Works of the City of Miami Municipal Code or Rule 14-20 of the State of Florida. e) A placement requirement which would limit the number of bins per block and/or street will be approved by the Department Director and NET Administrators. 7. INDEMNIFICATION: Permittee shall indemnify and hold the City of Miami harmless from and against all claims, liability, losses, and causes of action, costs and damages to persons or property which may arise out of this Permit Agreement and shall defend all suits in the name of the City when applicable, and shall pay all losses, costs and judgments which may therefrom except those due solely to the negligence of the City of Miami, its agents, officers, or employees. In accepting this Permit Agreement, the Permittee, for itself, its legal representatives, successors and assigns, thereby releases the City of Miami from all liability, claims, demands, actions, judgments, damages, costs, and expenses of any nature whatsoever in any way arising out of the actions or omissions of the Permittee during the term of this Agreement, including but not limited to all third party licensees, invitees, patrons, their heirs, legal representatives, and assigns. g9- Sob K 8. INSURANCE: Prior to commencement of this Permit Agreement, the Permittee shall furnish to the City of Miami, c/o the Department of Solid Waste, 1290 NW 20 Street, Miami, FL 33142, Certificate(s) of Insurance (which will be forwarded to the Department of Risk Management) which indicate that insurance coverage has been obtained which meets the requirements as outlined below: Public Liability Insurance. on a comprehensive basis, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. The City of Miami must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance, covering all owned, non -owned and hired vehicles used in connection with the work, maintenance and litter removal, in amounts not less than $500,000, per occurrence, for bodily injury and property damage combines. Worker's Compensation Insurance, as required by Florida Statutes, Chapter 440. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. Permittee agrees to maintain the required insurance coverage at all times during the term thereof. 9. LOCATION: Locations will be approved by the Director of the Department of Solid Waste. Additionally the Director of the department will solicit input from NET Administrators and may add or delete locations by written notice to the Permittee. 10. MAINTENANCE: A. Bus Stops: Permittee, at its sole cost and expense shall maintain the designated areas in a clean and sightly condition and shall not allow refuse or debris to accumulate. Permittee shall empty each receptacle a minimum of twice per week, or more as deemed necessary by the City of Miami Department of Solid Waste Director. Permittee shall empty and clean the area around any litter receptacle within twenty-four (24) hours of notification by the City of Miami Department of Solid Waste. Such notification may be received by facsimile transmission, telephone communication and/or in writing. 99- 3185 B. General: The Permittee shall repair any damage caused as a result of the installation of litter receptacles or any operations performed under this agreement. Permittee shall maintain all receptacles in good condition and free of graffiti and shall repair or replace any damaged receptacles within twenty-four (24) hours of notification by City of Miami Department of Solid Waste. If Permittee fails to maintain the designated areas in a clean and sightly condition or to make any repairs for which it is responsible hereunder, the City of Miami Department of Solid Waste may make the necessary repairs and/or clean-up and charge the Permittee for all costs incurred plus an administrative fee of twenty (20%) percent of such costs. _ C. Disposal: Permittee shall be required to dispose of waste at the Dade County Department of Solid Waste Management (DSWM) facilities. The cost for disposal shall be borne by the permittee. If the Permittee subcontracts the disposal of waste under this permit, the disposal requirements stated herein shall also apply to the subcontractor. All subcontractors shall be subject to the City's approval. D. Removal: The City of Miami Department of Solid Waste, at its sole discretion, may require Permittee to remove a litter bin if: a) The permittee does not obtain approval of all advertisements from Director prior to display. b) The Department of Solid Waste determines there is no further use for one at any specified bus stop and/or any other designated location. c) It is located at an unauthorized bus stop and/or other location. d) Failure to comply with any of the terms, conditions, or requirements contained in this Permit Agreement shall constitute cause for removal of the litter bin to which the violation pertains. e) Permittee shall be responsible for removal of all its litter bins upon termination or expiration of this Permit Agreement. 11. REPORTS: Permittee shall maintain during the term of this permit agreement, all books of account and records of gross revenues in conformity with generally accepted accounting principles. On or before the 20`h day following the end of each six month period throughout the term of this agreement or any extension thereof, the Permittee shall furnish to the City of Miami Department of Solid Waste a report of gross billings, net billings, collections and total operating expenses during the preceding six month period. These reports shall be in the form prescribed by the City of Miami and signed by the Permittee certifying the accuracy of said information. 99— 0UVJ t� 3W 12. DISCLOSURE AFFIDAVIT: Permittee must complete and submit the following documents: a. Ownership Disclosure Affidavit b. Employment Disclosure Affidavit c. Drug Free Workplace Affidavit d. Florida Public Entity Crime Affidavit 13. NOTICES: All notices, requests, demands, consents, approvals and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To City: City of Miami Department of Solid Waste 1290 NW 20 Street Miami, FL 33142 Attention: Mr. Clarance Patterson, Director To Permittee: Ad For You, Inc. 8352 N.W 70 Street Miami, FL 33166 14. NONDISCRIMINATION: Permittee represents and warrants to the City that Permittee does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Permittee's performance under this Permit Agreement on account of race color, sex religion, age, handicap, marital status or national origin. Permittee further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Permit Agreement. g9_ sa ,4.' r K a a Either party may by notice given as aforesaid change its address for all subsequent notices. Notices given in compliance shall be deemed given when placed in the mail. (Corporate Seal) Corporate Secretary ATTEST: Walter E. Foeman City Clerk APPROVED AS TO FORM CORRECTNESS: Alejandro Vilarello City Attorney AD FOR YOU, INC. President/Vice President CITY OF MIAMI, a municipal corporation of the State of Florida Donald H. Warshaw City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Mario Soldevilla, Administrator Risk Management 0- 0 8 6- -- t CITY OF MIAMI, FLORIDA 18 INTER -OFFICE MEMORANDUM Q®a TO: Honorable Mayor and Members DATE: APR R 2 9 1999 FILE: of the City Commission SUBJECT: Resolution Authorizing the Placement of Litter � Containers by Ad For You, FROM: Donald H. Wars aW REFERENCES:Inc. City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission approve the attached resolution, with attachments, authorizing the City Manager to execute a non-exclusive Permit Agreement, in substantially the attached form, between the City of Miami ("City") and Ad For You, Inc. This agreement will allow for the installation of litter containers throughout the City of Miami which will be maintained and emptied by said company, at no cost to the City. BACKGROUND: A motion was made at the February 24, 1998 City Commission Meeting authorizing the City Manager to negotiate an agreement, subject to review and approval by the City attorney with Ad For You, Inc. to install litter containers, with advertising, throughout the City of Miami. DHW//CP/blp C: Raul Martinez, Assistant City Manager Clarance Patterson, Director Department of Solid Waste 99- I �4. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ^ CFI tact t Z� OYI b RECEIVED APR 27 19T3 TO: Raul Martinez DATE: FILE: Assistant City Manager _ Resolution Authorizing SUBJECT: N, the placement of Litter _ Containers by Ad For You, Clarance Patterson, Director Inc. FROM: Department of Solid Waste REFERENCES: ENCLOSURES: Transmitted, for your review and approval, is the amended non- exclusive Permit Agreement with Ad For You, Inc., to install litter containers throughout the City, with advertisements, which requires City Commission approval. Please note the following areas which changes appear: 2. Fees 6. Installation Requirements(e) 7. Location (Input from NET Administrators) 10. Maintenance: D) Removal (a) CP/blp 99- 005 t_