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HomeMy WebLinkAboutR-84-0593J-84-475 5/23/84 rr/D7 RESOLUTION NO. 84:-595 A RESOLUTION APPROVING A PROPOSED ASSIGNMENT OF THE C I T Y ' S BUS BENCH CONTRACT DATED NOVEMBER 2, 1903 FROM BUS BENCHES COMPANY TO EUGE-NE A HANCOCK AND EUGENE A. HANCOCK, JR. AS ASSIGNEE; SAID ASSIGNMENT DOCUMENTS TO 13E IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, the City of Miami, through competitive bids, selected Bus Benches Company to be the most responsible proposer for providing bus bench services throughout the City; and WHEREAS, Bus Benches Company wishes to assign its rights under the City's Bus Benches contract to Eugene A. Hancock and Eugene A. Hancock, Jr.; and WHEREAS, Section 19 of said contract requires that Bus Benches Company receive approval of the City Commission upon recommendation of the City Manager in order to execute said assignment; and WHEREAS, the City Manager recommends that said assignment to Eugene A Hancock and Eugene A. Hancock, Jr. be approved; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. An assignment of the City's Bus Bench contract dated November 2, 1983 from Bus Benches Company to Eugene A. Hancock and Eugene A. Hancock, Jr., as assignee, is hereby approved; said assignment documents are to be in a form acceptable to the City Attorney. PASSED AND ADOPTED this 24th day of May , 1984. Maurice A. Ferre ATTEST: PREPARED AND APPROVED BY: DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: r -- 05 AITYATTORNEY .� a TO. Howard V. Gary DATE: May 7, 1984 FILE: City Manager SUBJECT: Bus Benches Contract - '� • /'� Transfer of Ownership -��I"ark Merrill " FROM: Assistant to the City Manager for REFERENCES: Intergovernmental Affairs/Cable Resolution ENCLOSURES: Letter "It is recommended that the attached Resolution approving the assignment of the Bus Benches Company Contract to Eugene A. Hancock, and Eugene A. Hancock, Jr. be submitted to the City Commission for their approval." On November 2, 1983, the City of h;iami entered into an agreement with Bus Benches Company owned by Lyn R.Wolfson. Section 19 of the 13us Benches contract requires City Commission approval bcfore the agreement to another party. The name of the company will continue to be called Bus Benches Company. The now owncr will be Eugene A. Hancock, and Eugene Hancock, Jr. This assignment. is made subject to the recommendation of the City Manager and approval of the City Commission, which approval shall not be unreasonably withheld. The attached letter from Murray Dubbin, Attorney for the present owner, requests that assignment of this contract to Mr. Hancock be approved. Mr. Hancock has indicated that approval of this assignment in the month of May would be suitable. I can find no reason to object to making this assignment. CM/mmm Encl. i I� CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO. Howard V . Gary DATE: May 7, 1984 FILE: City Manager SUBJECT: BUS Benches Contract — I Transfer of Ownership S— lar Mefrrill FROM: Assistant to the City Manager for REFERENCES: Intergovernmental Affairs/Cable Resolution ENCLOSURES: Letter "It is recommended that the attached Resolution approving the assignment of the Bus Benches Company Contract to Eugene A. Hancock, and Eugene A. Hancock, Jr. be submitted to the City Commission for their approval." On November 2, 1983, the City of tliami entered into an agreement with Bus Benches Company ol,ned by Lyn I1.Wolfson. Section 19 of the Bus Benches coni.-xaet requires City Commission approval before assigning the g1-0err,�_11t to another party. The name of the company will continue to be called Bus Benches Company. The new, owner will be Eugene f'.. Hancock., and Eugene Hancock, Jr. This assignment is made subject to the recommendation of the City Manager and approval of the City Commission, which approval shall not be unreasonably withheld. The attached letter from Murray Dubbin, Attorney for the present owner, requests that assignment of this contract to Mr. Hancock be approved. Mr. Hancock has indicated that approval of this assignment in the month of May would be suitable. I can find no reason to object to making this assignment. CM/mmm Encl. 84-590 0 E3 i AGREEMENTFOR BUS BENCHES THIS AGREEMENT evade and entered into this 2nd day of November . 1963, by and between the CITY OF MIAMI, c/o the City Clerk, 35oo ran American Drive, Miami, Florida 33133, hereinafter referred to as the CITY, and BUS BENCHES COMPANY, a Florida corporation, 475 East Okeechobee Road, Hialeah, Florida 33010, hereafter referred to as the conrANY. W I T H E S S E T H: WHEREAE, the CITY OF MIAMI duly and lai.•fully advertised for proposals to provide bur. benches for the City of piair.i on Karch 9, 1VE1, rnci WTEREAa, the time for receiving said bids was duly and lawfully ext ..116cd to a116 nc;t ,-.t June 24, 19P1, and tifiEVE_S, bid€; vcrc I-cceived by the City Clerk of the CITY OF KIA1,1 on June: 24, 39C,1, rnd WHIRrI-S , the City Com,rr.i a&.ion has detem. ined that amcna the several tliddcrs, the beast bid for providing buff benches was submitted by the COXFAN Y: NOW, THEEEFORE, IN CONSIDERATIO14 OF THE PROMISES AND OF THE MUTUAL COVENANTS AND UNDERTAKIKGS HEREINAFTER CONTAINED BY THE PARTIES HERETO, TO CE OBSERVED AND PERFORMED, AhD OTHER GOOD AND VALUABLE CONSIDERATION, TEE PARTIES HERETO DO BIND THEMSELVES NEREbY AND AGREE AS FOLLOWS, 'F0-WI:': Section 1. The City of KiaMi, hereinafter referred to as the •CITY' Grants to Bus Benches Company, hereinafter referred to as the "COMPANY", the right to install bus benches approved by the CITY at bus stops Adant€lied by the CITY*ss uirinq bus %ftwuftez for the convenience of the travelinq public,-eubiact to *be {Tovialons hareof, and further subject to the provisions of all sections of ARTICLE III, "Bus Benches", of Chapter 5E, •ttreet& and Eidevslka", of the Code of the City of mia:ei, Florida, as well as the Provisions of all applicable state statuter. The initial tom of this Contract shall be for three 84-59," El E 0 (2) years and shall be renewat.le for an &Ac;itiotal pericd of two (2) years uFor the ruccessful ecrnplptivn, in accordance with the provisions of this Contract, of the initial term. Section 2. ®us benches shall be placed at all legal bus stops as designated by MTA (Metropolitan Transit Authority) subject to the CITY's criteria and requirements for the location of bus benches within the public rights -of -way. Pus benches will be removed by the COMPANY upon being notified that they do not meet the CITY's criteria and requirements. The COMPANY will pay to the CITY an annual fee as specified herein for the life of this contract or as Iona as such bun bench rensins in such locations provided that no feer rri4 to the CITT pursuant to this sgretment nhell be refunded in the event that (t) the permission to allow the bear bench to renvin rat itr location is rc,vohed or (b) the Co1.T'm, vo3untilrily rc-_r vcr any (.>vr banal: from can approved location. Faction 3. Thr COVPM.Y gill c;onticuossfil.v ec-nn..y snith all provicionr of fauersl, estate &nd county lr,,,4 concerninc the reculation of the herein oubject matter. Section E. The COYPAN'Y careen that advertirina pessaaes will only be carried or bus benches located on public rights - of -way or public easements abutting property toned C-1, C-lA, C-2A, C-4, C-6A, C-S, I-1, I-2, W-1, and &Iona 4-lane arterials abutting property toned residential except for k-1, R-IA, R-18 and R-2 areas; however, such locations shall not include CITY public property or rroperty used by the CITY for public purposes. No advertisina &hall be alloved on bus benches located on any street or sidewalk area when such street or sidewalk area abuts any property owned or utilized for runicipal or public purposes. Section 5. The COMPANY agrees that no but bench will be placed at any location where the CITY finds that a bum bench at the proposed mite or location will tend tc unreasonably obstruct passage along any public right& -of -way, create an undue hazard or Is otherwise datrimbntal to public saftty. Upon beino given permission to use abutting, private property as an alternate 2 location to placing the but bench in the public right-of-way, the Conpanv will secure written permission fror* the affected Property owner, and shall submit to the City tianager such written evidence of having gained permission to install the bus bench on private property adjacent to the public right-of-way prior to the CITV & approval for the location of such bus bench. Section 6. For all bug bench locations designated by the ` CITY, the said COKFANY will pay to the CITY a sum as hereinafter provided each year during the life of this Acreement. No bus bench shall be installed at a location designated and identifieA as a satisfactory location by the CITY until and unless such bus bench shall have- t>een first approved by the CITY. Section 7. Dttaileo plane a.nd ececificatione of each existing rnd/rr crc,nowcd bznr.:n t he.11 be cunvlic.d by the C©pFAJ;Y if recuer!tc,6 by the CITY nncy rodi£ication of cr..i6 )Mans am specificttionr> uhr:ll bL, rands et CCA1'rA.Ny expense if aauch nodifiee- tion in require(? F:v tl)e CITY. Section 6. IJU CIF 7 H: FIGHT -OF -WAY The CITY will tyrant to the COMPANY the right to construct, erect, inctall, repair gnd maintain one thousand (1,000) bus benches with advertisinq and five hundred (500) bus benches without advertising in the public right-of-way throughout the CITY, located at authorized metropolitan Transit Authority bus Stops. The WhlWf shall he eolely responsible for abiding by all City, County, State and Federal regulations and for obtaining the necessary clearances and permit recuired for the plaeerent of hus benches at such locations. $action 9. RON EXCLUSIVE CONTRACT The contract shall be non exclusive. The CITY shall have the right to agree for but benches with and without advertiaina in excess of the quantity vrovided in this Agreement. In addition, the CI1Y shahll hmve the right to provide or permit another eovernmental agent} to provide ad- ditional bus benchts as it deems to be in the best interest of the CITY. 84-59.: E Section 20. CONS I"-LRATIO1: The COMPANY shall Pav to the CITY the amount of Sixty -One Dollars and Twenty -Five Cents (561.25) per year per Sus Rench containing advertisinq as a minimum. annual fee and one percent (lt) of the gross receipts. Payment shall be made to the City of aiami finance Depa.tnent by the 25th day of each month includinc one twelfth of the ninimwan annual fee and in addition the percentnaea of vross receipts payable to the CITY generated in the preceding month. The term "arose receiots" shall be con- strued to include all moniex paid or payable to and monies received by the COMPANY for Sales and Services provided, however, the torn nrots receipts shall not include: A. Up to 15t of the customer billing for advertising cncncy co-,,nisniens actually paid. !'. Discounts for cuentity ourchsees whore tficy cite retuc21v alloved. C. 'saxes directly paid by the COMrA2:Y which are PeTitrrtc)%' Ft8ted enl required by law. Tl'e COMPANY shall furnish a detailed accounting of the rcvvnues upon which each monthly payment it figured in sucn fora as is aoreed upon between the COMPANY and the CITY. Section 11. htQUIR`MENTF Of COMPANY The COMPANY shall comolete the follrwino r•agiro-ants at its sole expense in vrovi-iina bug henches within the City of hiafni: A. Provide the CITY with an inventory of all bus benches located within the Citv of aiami and notifv the respective owners to remove unauthorised bus benches fray the CITY richt-of-way. B. Provider but benches in accordance with aorroved bus bench design standards at each CITY bus stoc with advertisinq as permitted in Zoned artas classified as C-1, C-IA, C-2A, C-4, C-4A, C-5, I-1, I-2, N-1 end alona 4 lane arterials abutting property toned residential except for R-1, R-IA, R-15, 4 84--593 k-20 areas= however, such locations shall not include CITY public property or property used by the CITY for public purposes. No advertising shall be allowed on bus btnches located on any street or sidewalk area ushen such street or sidewalk area abats any property owned or utilized for municipal or pt�lic purposes nor shall any advertising be allowed on MTA Busy Stops where there is a reasonable objection from an abuttina property owner that is acceptable to the City panaaer. C. Prepare a desiqn sketch ahowinu ezistinq topograahy and proposed location of each bus bench at MTA Bun Stops where such facilities arm to be installed. A. Peguest sa pernit cacraroval from the City Manager or his desinnee for onch urop red lccntirn. C. rrovide the CITY with plans cna specifi- cations for cnch i:ropored hon bench lece.ticn. f . 1'rovinc 66equPte ratintrnvncc. crid repair of all bus bvnchc s ti:.rr.:j:;jnut t!".c term of tljc Fk-rcc;r°cv rt. G. To r..nkc^ bast effortr: to r-,,tantain the maximum amount of paid advertirinq can erch i uc Bench where permitted by law or othervise provided for in the kareenent. Section 12. IOEING DCSIGNATIONS The parties recognise that the zoning designations set forth above refer to City of Miani Corprehensive Zoning Ordinance r o. 6371, as amended, which was rer-ealed on June 26, 1963 by Ordin- onee No. 9500. It is the intent of the parties that bus trenches containing advertising be perrcitted in those areas of the City where they would have been pers*.itted had Ordinance No. 6671 remained in effect. In the event the City Comrission by ordin- once changes the toning classification of any area where bus benches containing advertisino are permitted to tonin.; classi- fications RS-1, 14S-1.1, RE-2 or RG-1 under Ordinance No. 9500, bus benches containing advertising shall not he perv.itted in such locations. provided further, that at no tivit shall the company's right to construct, erect, install, repair And saintain the total S 84--593 r] El number of benches containing advertising as provided for in Section 8 of the Agreement be diminisheA or impaired. Section 13. CLAIMS AGAINST THE CITY They COO PANY covenants and agrees that it shall indemnify, hold harmless, and defend the CITY from ani against any and ,all claims, suits, actions, damager or causes of action arising durino, the term of the Agreement for any personal injury, lose of life, or damage to property sustained by reason of or as a result of the CUMPhNY's installation, maintenance or operation of the Gus benches, and from and against any orders, judgments or decrees Which may be entered thereon, and from and against all costs, attorneys fees, expenses and liabilities incurred in and about the defence of any such claim and the investication thereof. Section 14. INSURANCE The CQt4rAl;Y aha11 maintain during the term of this Agreement tht fol)owina inrurence and con6itions: A. Put:1ic LiAbility Inrurrnce in the amounts of not lorG than One i illion rollrra M,000,G06.00) per occurrence for death or bo61ly injury and not 1ca€e. than Fifty Thousand Dollars (S50,0G0.0G) per occurrence for property damage. D. The CITY shall be named as an additional Insured under the policies of insurance required under this Agreement. C. The CITY shall be given at least thirty (30) days advance written notico of cancellation of said policies or any arterial modifications thereof. D. Certificates of insurance shall be filed with the finance Deoartuett, Risk Vanaoerent Division, of the City of Miami. L. The insurance coveraga requir*6 shall Include those classifications as listed in standart liability Insurance manuals. which Ptost nearly reflect the oNrations of the placement of bus benches within the public richt-of-way. 6 s F. All insurance policies shall be issued by corpenies authorised to do business under the laws of the State of Ploridn and must be rated at least 'A" an to management, and Class ®X" an to financial atrength, all in accordance with A.M. BEST'S srY A47Itic OUI7f, latest edition. G. The CITY reserves the right to amend the g insurance requirementrq as circumstances dimto in order to 1 protect the interest of the CITY in this Agreement. €s. The COMPANY shall furnish certificates of insurance to the CITY prior to the cormencement of operations, which certificate shall clearly indicate that the COMPANY has obtained insurance in the tyre, mnount sand classifications as required for strict cc--plicnce e.ith t.hie covcnrnt. 6ecticn 15. r°rnrCr:r,mr cr. The C01,Vhl,Y nhr.11 furnir.,h the CITY with a Surety Bond in the r.rnc�vnt &2S,C()() car j�ijt u�) as devosit with th" CITY in an amount ejuP3 t c on(, yerr 'r I,Dtr) Lid as pro)ecteti by the CUMPAKY and aaqrccd to by the City r-{entacr. section 16. Ow-ricPs iup or F;ET,CF?Ew The CDXPAI:Y shall retain colt ownership and responsibility for the bus bencher pursuant to this Agreement for the purpose of insurance, liability, repair and aaintenance. For the purpose of valuation, the bus benches shall be depreciated based upon actual installation and construction costs on a straight line basis over a nine year period. The CITY retains the right to take possession of the but benches at the depre- eiated value or require their removal at the end of the Agreement period or upon termination of the Agreement. 6eetion 17. KiRCHA5E BY THE CITY In the event the Agreement is terminated for any reason, the CITY shall have the ricsht to purchase the but benches at the depreciated value- described in Bection 15 of these specifications. In addition, the CITY shall have the right to purchase, install and maintain such other buts benches as the CITY may deternins to be in its own best interests. 7 n n section 1s. CANCELLATION AGREEMENT The CITY shall have the right to cancel and terminate the Agreement for the follovinq reasons: 1. Insolvency of the COMPANY 2. Inability of COMPANY to pav its debts 2. Bankruptcy of the COMPANY section 15. NOV ASSIGNArLE This A,reer+ent shall not he assianable by the COMPANY without the express arproral of the City of Miaai Corn.ission upon recommendation of the City Mananerl such approval shall not be unreasonably withheld. Section 20. PERMITS The COIIPA14Y shall be resaonsible for ob- taining any and all pzrritr., that nny be necessary to place Bus Benches in the public rjaht-ofNcrcv reQardlean of the level of government from cfhich they nuct Lic ofitsined. Dun M:enches shall be constructed to rec t r,ll trir.l.icnble City, County and State regulations and euildinc Codea. Suction 21. F.DtLF:ISIt:G The CITY reserves the right to use up to 5% of the availatle advertising space for Public Service Messaqes which shall be produced on the appropriate panels by the COMPANY at no cost to the CITY. Section 22. BUS BENCHES WIT60U1 ADVERTISING The COMPANY shall provide a minimum of 50C bus benches or sufficient bus benches to permit the placement of at least one bench per authorized bus stop, as determined by the City Manager, in areas where advertisinq is not permitted at no cost to the CITY, whichever is greater. Such benches shall be constructed, installed, moved, removtd, insured and maintained at the sole expense of the COMPANY and regain the oroperty of the COkPAhY. Such benches shall be corparable in sire, zhtpe, design, and quality as those that contain advertising. The CITY shall a 84-59� have the right to ourchr.se said boa oencl,er at the end of the three year tern at the depreciated value deter-ninea in Section r 15. Section 23. IASTALLATIOA, MAINTENANCE AND REPAIRS The COMPANY shall be solely responsible for the proper installation, maintenance and repairs of all bus — benches. Thev shall be kept in a clean and presentable condition for use by the general public. Section 24. AUDITS AND ACCOUNTING RECORDS The COMPANY shall provide to the CITY a record of all revenue% ane expenses reaerdina bus benches and advertisina fees in such form as will provide for a strict accounting of the pryrents to be Made to the CITY in as manner that is acceptrtiie to the City Cinvncr^ Pep€rtrtnt. The COYXANY shall pro:iuce eny such records that the CITY r;..ry request in the Interest of verifying the correctness of the fee to " paid to the CITY. Section 25. CO,FOF,14:I7Y TO 1,A1%- AM .he Cooj;AhY Anraes to corsply with all laws, ordinar.eee, re❑ulati.Ons any: orderr of Federal, State, County and Municipal authorities pertainina to the installation and rainten- ance of bus benches. Section 26. TAYES The CUKPAhY shall pay any personal property taxes or other taxes that easy be required as a result of ful- filling the terms of this Agreement. Section 27. CONTRACTUAL AGREEMENTS kITH OTNEP CITIES If the COMPANY has entered into or ever does enter into an agreement with a city, county, or other govern- wental agency for the provision of but benches, and the City of Miami considers the tarx+s and conditions of said aareemtnt to be •ore favoratle to the other aovernmental actncy thLn it, the CO.PM Y's agreement with t.ht City of Miami, the City of Miami can require the CCKPkNY to renegotiate the agraement with the CITY to 'Include & W favorable terms and conditions. 9 84-593 El 0 Section 20. BUS BENCH INSTALLATION Whenever it is necessary to place a Bus Bench on the ground, the COMPANY shall provide a concrete slab that is level, safely not back from the street pavement, at least 4' thick and extends at least 1.0' beyond the limits of the seating area of the 13us Bench. The exact locations to be determined by the City Mananer. Section 29. SERVICE Of NOTICE Service of written notice by one party upon the other as referred to in this Agreement shall be effected by delivery of written notice by certified frail, return receipt requested, to the p--rtics at th€ following respective addresses: CITY Or mm.j rum rLt\cnrs CorrtNy Attention: Office of 475 rc"�t 01kcCchobee Road City C1crk nirllect„ r1oric3r 33101 F'iami, Tlcric<r. 33133 The aforeatDted 66(lreuc.cs nay be chanaed frorr ti-e., to time by written notice rervrr3 ir. the canner herein provir3nrl. IN k,ITNE,S WHEALO , the parties have hereto net their hands an3 secls the day and year first above written. SOS 8 .CHES COMPANY ,Z ® X. City Clerk eresicen CITY OF MIAMI City Maan-;qW /1/1 /� 3 .. REVIEWED bY: APPROVED AS TO FORK "D CORF.ECTNESS: U.h L , K a gists City Attorney City Attorney JJC/vpc/ab/0G4 t® . 84 -593