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HomeMy WebLinkAboutM-98-0214t CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 18 TO Jose Garcia -Pedrosa February 5, 1998 DATE : FILE City Manager SUBJECT Garbage Bins Proposal FROM : Humberto Hernandez REFERENCES: Chairman ENCLOSURES: Attached please find a proposal from "Ad For You, Inc." to install litter bins throughout the City of Miami which will be maintained and emptied by them at no cost to the City. In the spirit of the Mayor's "Miami Pride" City-wide clean-up, I feel this would assist the overall look of our communities. Ad For You, Inc. is presently under a two-year contract Pilot Program with Miami - Dade County, therefore, a formal bidding process is unnecessary. Please place this issue on the next agenda for City Commission approval. 98- 214 Honorable Humberto Hernandez Chairman City Commission City of Miami Miami, Florida Dear Commissioner Hernandez: Our Company, Ad For You, Inc., an advertising outdoor media, acquired a two-year contract with Miami -Dade County to install high-class litter bins at all bus stops throughout unincorporated Miami -Dade County. We also have the same agreement -with the City of Sweetwater. Ad For You, Inc. would like to obtain from the City of Miami, Florida the right to install our litter bins at mutually agreeable locations for a period of two years, as a pilot or demonstration project. Ad For You, Inc. will regularly empty and maintain the litter bins as well as change them in the event of damages. Ad For You, Jnc., at the request of the City, and in the interest of the public will change the location of any litter bin placed within the City of Miami boundaries (e.g. road work, special events, etc.). Ad For You, Inc. will not place any advertisement on the litter bins who's format and content may cause offense to the public or invite disturbances. Ad For You, Inc. is to be exempted of any charges and/or taxes for the permission to occupy public roads or facilities and will have the right to sell and place advertising on both sides of the litter bins. Ad For You, Inc., will be responsible for acquiring all City of Miami permits required to install the litter bins. We at Ad For You, Inc. look forward to establish a mutually beneficial relationship with the City of Miami in the near future. Sincerely, Ad For You, Inc. Humberto S Cortina, President and CEO Enclosures 98- 214 3 I Fa I IL PPA I 11 98- 214 IU)tUAk]L ]U)tUFtF)(C)S1I What can our Dual Purpose Advertising (DPA) bins offer you? ■ Exposure in high traffic locations. ■ Effective impact on pedestrian and vehicu- lar traffic through maximum exposure and perception. ■ Your message located where you want it for as long as you want*. ■ Prominent 27" by 38 1/4" message. Why us? ■ Dual Purpose Advertising (DPA) is truly a dual purpose marketing medium. ■ We provide the ideal blend of community service and private initiative. ■ DPA bins reach consumers by targeting specific or general markets. ■ Your message always remains clean, bright and visible. ■ DPA's meticulous maintenance system assures that your ad will always be clean and graffiti free. ■ The material used on the bins allows an infinite number of colors and shades matched and harmonized with any surroundings. What are the advantages? ■ Affordable form of outside advertising. ■ To protect the integrity of your ad we insert it inside the panel covered by a transparent film for added protection. ■ DPA is committed to protecting our environ- ment. DPA bins are our contribution to keeping Miami clean. ■ DPA bins are strategically located to offer maximum visibility. Where are the DPA bins located? ■ DPA bins will be found throughout Dade County along high traffic arteries where bus stops are located. What are some of the uses for our DPA bins? ■ Directional ■ Advertising ■ Reminders ■ Specials ■ Shows ■ Hours of operation ■ Specific Events ■ Movies 6 98- 214 AXIU)VIEiptritsit.,,\.N(CF. What will your start-up cost be? ■ Ad production ■ Ad space What will the contract period be? ■ The minimum contract period is 2 weeks. However, you can contract on a month -by - month basis for as long as you wish — there is no maximum time limit imposed. Who selects the locations? ■ You do. (Subject to availability.) Turn -key or partial? ■ DPA can provide graphic design, copywrit- ing and production at your disposal, or you can bring the poster ready for placement. Is there a minimum number of panels or bins that must be contracted for? ■ There are no restrictions. RESTAURANG 7t PEKING Tt Lgesgedcht 10 DM vihlm sk am i, nc6vk=Cw.6 How does it compare to other media? ■ DPA is one of the least expensive and most effective advertising media. ■ Unlike bus shelters, DPA bins are strategi- cally located throughout the county to pro- vide maximum visibility. ■ Unlike radio and TV, you don't have to worry about placing the ads on the correct channel or timeslot. ■ Unlike billboards, you don't have to worry about the high initial preparation costs and difficulty of physically inspecting each bill- board, which discourages more advertisers. ■ Unlike any other medium, Dual Purpose Advertising is truly a dual purpose market- . ing medium, a new advertising tool that - enhances the community and public streets. 'Where available. = rk/a *DER PROTOPROR 98- '214 DUAL PURPOSE ADVERTISING 16521 N.W. 84 Court ■ Miami, Florida 33016 Phone/Fax: (305) 825-0977 8 98- 214 NON-EXCLUSIVE PERMIT APPLICATION NAME OF INDIVIDUAL: Dual Purpose Advertising Inc. MAILING ADDRESS: 4064 Bonita Avenue Miami, Florida 33133 BUSINESS TELEPHONE: (305) 669-1161 TYPE OF BUSINESS: Private, for profit PERIOD OF REQUESTED USE: One year commencing upon execution of Permit Agreement. LOCATION OF PERMIT AREA: See attached Exhibit 1. 98- 9 214 PERMIT AGREEMENT 1. TERMS AND AGREEMENT: Permittee is hereby -granted the non-exclusive rig t to install and maintain litter receptacles at authorized Metro -Dade Transit Agency bus stops where there is currently a bus bench or shelter and/or at other authorized transit system locations, including Metrorail stations; and to sell advertising thereon. The term will be one year from execution, commencing on September 1, 1996. However, Metro -Dade County, through the MDTA director, shall have the option to renew this Permit for a period of up to one (1) additional year under the same terms, conditions, and provisions established herein, provided it is not then in default. Specifications for the receptacles, along with methods of anchoring and installation, are shown in Exhibit 2. Although the rights granted herein are non-exclusive, for the duration of this permit, the County will not grant the right to install advertising trash receptacles to any other provider(s) at any bus stop or Metrorail station included in Exhibit 1 hereto, as it may be amended in accordance with Article 10 of this Permit. 2. FEES: It is agreed and understood that this is a ' demonstration project and that Permittee will not be required to pay a fee under this permit or share advertising revenues with Metro -Dade County. 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 actor ante with Metro -Dade County Administrative Order 8-5, a copy of which is attached hereto as Exhibit 3. 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, or Municipal Governments including but not limited to 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 10 98- 214 with all applicable required licenses, permits, and other legal requirements prior to execution of this Permit Agreement. 6. INSTALLATION REQUIREMENTS: Permittee will be required to comply with the toilowing specifications for each proposed location: a) Permittee will secure an individual permit from the Department of Public Works for each proposed installation. Such permit applications will be submitted through MDTA and will be accompanied by a fifteen dollar ($15) permit fee for each requested permit, along with a sketch of the bus stop and installation site containing all necessary details that may be required by the Department of Public Works to evaluate and approve the application. b) A minimum of forty eight (48) inches of sidewalk clearance is required. c) Litter bins installed near intersections may not interfere with the line of sight of traffic or pedestrians. d) Setback requirements will be consistent with existing standards for bus shelters and benches, found in Section 21-166 of the Dade County Code or Rule 14-20 of the State of Florida. 7. INDEMNIFICATION: Permittee shall indemnify and hold the County harmless from and against all claims, liability, losses, and causes of action, costs and damages to persons or property which may arise out of the fulfillment of this Permit Agreement and shall defend all suits in the name of the County when applicable, and shall pay all losses, costs, and judgments which may therefrom except those due solely to the negligence of the County, its agents, officers, or employees. In accepting this Permit Agreement, the Permittee, for itself, its legal representatives, successors and assigns, thereby releases the County from all liability, claims, demands, actions, judgments, damages, costs, and expenses of any nature whatsoever in any way arising out of the actions of the Permittee during the term of this Agreement, including but not limited to all third party claims by employees, contractors, sub -contractors, licensees, invitees, patrons, their heirs, legal representatives, and assigns. 98-- 2.14 11 8. INSURANCE: Prior to commencement of this Permit Agreement, the Permittee shall furnish to Metropolitan Dade County-, c\o MDTA Leasing Division, 111 N.W. 1st Street, Miami, Florida 33128, Certificates) of Insurance 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. Dade County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and hiredvehicles used in connection with the work, in amounts not less than $500,000 per occurrence for bodily injury and.property damage combined. Worker's Compensation Insurance, as required by F on a 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. 9. LOCATION: Initially, receptacles will be installed at the ocations listed in Exhibit 1 hereto. The MDTA Director may add or delete locations by written notice to Permittee. 10. MAINTENANCE: A. Bus Stops: Permittee, at its sole cost and expense shall maintain the Permit Area in a clean and sightly condition and shall not allow refuse or debris to accumulate. Permittee shall empty each receptacle at least two times a week, or more as deemed necessary by the Metro -Dade Transit Agency. Permittee shall empty and clean the area around any litter receptacle within twenty four (24) hours of notification by the Metro -Dade Transit Agency. Such notification may be received by facsimile transmission or through telephone communication. B. Metrorail Stations: Permittee, at its sole cost and expense shall maintain the Permit Area in a clean and sightly condition and shall not allow refuse or debris to accumulate. Permittee shall empty each receptacle at least once a day, or more as deemed necessary by the Metro -Dade Transit Agency. Permittee shall empty and clean the area around any litter receptacle within twenty four (24) hours of notification by the Metro -Dade Transit 98- 214 12 Agency. Such notification may be received by facsimile transmission or through telephone communication. C. General: The Permittee shall repair any damage caused as as result of the installation of litter receptacles or any operations performed under this agreement. Permittee shall maintain all receptacles in good condition and shall repair or replace any damaged receptacles within twenty four (24) hours of notification by MDTA. If Permittee fails to maintain the Permit area in a clean and sightly condition or to make any repairs for which it is responsible hereunder, the County 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. D. Disposal: Permittee shall be required to dispose of waste at —the Dade County Department of Solid Waste Management (DSWM) South Dade Landfill only. The cost for disposal shall be at the rate of $45.00 per ton if the Permittee opens a Disposal Fee Charge account with the Department of Solid Waste Management in accordance with the Department's User Fee Credit Policy. At the $45.00 per ton rate, the Permittee must provide certification that waste is only from this Permit Agreement. Failure to deliver the waste collected under this Permit Agreement to the South Dade Landfill or delivering waste to the South Dade Landfill that originated from sources other than this project shall be reason for termination for cause. If the Permittee does not open a Disposal Fee Charge account with the Department of Solid Waste Management, the cost for disposal shall be at the rate of $59.00 per ton. If the Permittee subcontracts the disposal of waste under this permit, the disposal requirements stated herein shall also apply to the subcontractor. E. Removal: a) MDTA, at its sole discretion, may require Permittee to remove a litter bin if: (i) MDTA determines that there is no further use for one at any specified bus stop. (ii) It is located at a bus stop that does not contain a bench or shelter. (iii) It is located at an unauthorized bus stop. 98- 214 13 b) 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. c) 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 20th day following the end of each six month ]period throughout the term of this agreement or any extension thereof, the Permittee shall furnish to Metro -Dade County 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 Metro -Dade County, and signed by the Permittee certifying the accuracy of said information. 12. DISCLOSURE AFFIDAVIT: Permittee must complete and submit the followingdocuments: a. Ownership Disclosure Affidavit -_b. Employment Disclosure Affidavit c. Cuba Affidavit d. Drug Free Workplace Affidavit e. Family Leave Affidavit f. Florida Public Entity Crime Affidavit A description and forms for these documents are contained in Exhibit 4 hereto. 13. TITLE VI ASSURANCE: The Permittee for herself/himself, his/her eirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event facilities are constructed, maintained, or otherwise operated on the premises described in this Permit Agreement for a'purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the Permittee shall,maintain and 14 98214 a operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, office of the Secretary, Part 21, Nondiscrimination of Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. The Permittee for herself/himself, his/her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such.land and the furnishing services thereon, no person on the grounds of race, color, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the Permittee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. In the event of breach of any of the above _nondiscrimination covenants, the Metropolitan Dade County, Florida shall have the right to terminate the Permit Agreement and to re-enter and repossess the premises and hold the same as if said Permit Agreement had never been made or issued. 98_ 214 15 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 County: Metro -Dade Transit Agency 111 N.W. 1st Street Suite 910 Miami, Florida 33128 Attention: Joint Development and Leasing Division To Permittee: Dual Purpose Advertising Inc. 4064 Bonita Avenue Miami, Florida 33133 Either party may by notice given as address for all subsequent notices. compliance with this section shall placed in the mail. (Corporate Seal) Signed: Prgj,umnt o i e rresiaent Dual Purpose ertising Inc. Signed: zloz/"�� Secretary or other O icer Dual Purpose Advertis ng Inc. Signed: i A ' o Vi a CpunManager aforesaid change its Notices given in be deemed given when Date: Date: Date: 16