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HomeMy WebLinkAboutR-83-0897J-83-406 s d' RE:=0LUTI0N N0. i-13`8.7!' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN THE FORM ATTACHED WITH BUS BENCHES COMPANY TO PROVIDL BUS BENCHES 14ITH AND WITHOUT ADVERTISING IN THE PUBLIC RIGHTS OF WAY. WHEREAS, the City of Miami advertised for proposals to provide bus benches for the City of Miami on March 9, 1981; and WHEREAS, sealed bids were received on June 24, 1981; and WHEREAS, as the result of an analysis of the bids Bus Benches Company was recommended to receive the award for the bus benches contract; and WIIEREAS, Resolution No. 81-668 authorized the City Manager to negotiate an agreement with Bus Benches Company to provide bus benches with and without advertising at bus stops located in the City of Miami; and WHEREAS, said resolution provided that the agreement negotiated with Bus Benches Company be submitted to the City Commission for its approval; and WHEREAS, a lengthy negotiation with the successful bidder followed; and WHEREAS, after the Law Department approved, as to form and correctness, a proposed contract signed by Bus Benches Company the City Commission has, this date, approved the said contract; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute the attached agreement with Bus Benches Company to provide bus benches with or without advertising within the City of Miami public rights of way. PASSED AND ADOPTED this 25tti day of October , 1983. Maurice A. Ferre MAURICE A. FERRE, MAYOR ATTEST: '--�. a RALP 1 G. ONGIE, CITY CLLRM CITY COMMISSION MEETING OF OCT 25 1983 r,v. 83-897 EWRKS. 00, • 00 PREPARED AND APPROVED BY: R BERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ic SE R. GARCIA-PEDROSA %XITY ATTORNEY - 2 - 83-891 t AGREEMENT FOR BUS BENCHES THIS AGREEMENT :jade and entered into this day of , 1963, by and between the CITY OF MIAMI, c/o the City Clerk, 3500 Pan American Drive, Miami, Florida 33133, hereinafter ref?rred to as the CITY, and BUS SENCHES COMPANY, a Florida corporation, 475 East Okeechobee Road, Hialeah, Florida 33010, hereafter referred to as the C0MPANY. w I T N E S S E T H: WHEREAS, the CITY OF ':IAMI duly and lawfully advertised for proposals to provide bus benches for the City of Miami on March 9, 1981, and WHEREAS, the time for receivina said bids was duly and lawfully extended to and set at June 24, 19?1, and WHEREAS, bids were received by the Citv Clerk of the CITY OF MIAMI on June 24, 1981, and WHEREAS, the City Commission has determined that arena the several bidders, the best bid for providing bus benches was submitted by the COMPANY: NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND OF -rHE MUTUAL COVEINIANTS AND UNDERTAKINGS HEREINAFTER CONTAINED BY THE PARTIES HERETO, TO BE OBSERVED N D PERFORMED, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO DO BIND THEMSELVES HEREBY AND AGREE AS FOLLOWS, TC-WIT: Section 1. The City of Miami, hereinafter referred to as the "CITY" grants to Bus Benches Company, hereinafter referred to as the "CCNPANY", the right to install bus benc:-,es approved by the CITY at bus stops identified by the CITY as re?uirinq bus benches for the convenience of the travelina public, subject to the provisions hereof, and further subject to the provisions of all sections of ARTICLE III, "Bus Benches", of Chapter 54, "Streets and Sidewalks", of the Code of the City of Miami, Florida, as well as the provisions of all applicable state statutes. The initial tern of this Contract shall be for three 83-89i (3) years and shall be renewahle for an ac?Sitional period of two (2) years upon the successful completion, in accordance with the provisions of this Contract, of the initial term. Section 2. Bus benches shall be placed at all legal bus stops as designated 'by ATA (Metropolitan Transit Authority) subject to the CITY's criteria and requirements for the location of bus benches within the public rights-of-way. Bus benches will be removed by the COMPANY upon being notified that thev 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 long as such bus bench remains in such location; provided that no fees paid to the CITY pursuant to this agreement shall be refunded in the event that (a) the permission to allow the bus bench to remain at its location is revoked or (b) the CON.PANY voluntarily removes anv tus bench from an approved location. Section 3. The COMPANY will continuously comply with all provisions of feueral, state and county law concerninc the reculation of the herein subject matter. Section 4. The COMPANY agrees that advertising ;nessages will only be carried on bus benches located on public rights - of -way or public easements abutting property zoned C-1, C-lA, C-2A, C-4, C-4A, C-5, I-1, I-2, 14-1, and along 4-lane arterials abutting property zoned residential except for R-1, R-lA, R-1B and R-2 areas; however, such locations shall not include CITY public property or property used by the CITY for public purposes. ^.o advertisina shall be allowed on bus benches located on any street or sidewalk area when such street or sidewalks area abuts anv property owned or utilized for municipal or public purposes. Section 5. The COMPANY aarees that no bus bench will be :laced at anv location where the CITY finds that a bus bench at ti:e proposed site or location will tend to unreasonably obstruct passage along any public rights -of -way, create an undue hazard or is otherwise detrimental to public safety. Upon being given permission to use abutting private property as an alternate 2 0 8.3--89 i �e f • location to placing the bus bench in the public right-of-wav, the Cor+pany will secure written permission from the affected property owner, and shall submit to the Citv Manager such written evidence of having gained permission to install the bus bench on private property adjacent to the pu:;lic right-of-way vrior to the CITY's approval for the location of such bus bench. Section 6. For all bus bench locations designated by the CITY, the said COMPANY will pay to the CITY a sum as hereinafter provided each year during the life of this AareAment. No bus oench shall be installed at a location designated and identifieel as a satisfactory location by the CITY until and unless such bus bench shall have been first aaproved ►-.y the CITY. Section 7. Detailed nlanc and scecifications of each existing and/or orc-nosed bencii shall be supplied by the COMPANY if reauested by the CITY and modification of said plans any? specifications shall be ;Wade at C011,PANY expense if such modifica- tion is required by the CITY. Section 6. USE OF THE RIGHT-OF-?4AY The CITY will grant to the COMPANY the right to construct, erect, install, repair and maintain one thousand (1,000) bus benches with advertising and five hundred (500) bus :,enches without advertising in the public right-of-way throughout the CITY, located at authorized Metropolitan Transit Authoritv Bus Stops. The COM A":Y shall he solely responsible for abiding by all Cite, County, State and Federal regulations and for obtaining the necessary clearances and permit reauired for the riacement of hus benches at such locations. Section 9. LION EXCLUSIVE CONTF_-.CT The contract shall be non exclusive. The CITY shall have the right to a?ree for bus benches with and without advertising in excess of the quantity provided in this tiareement. In addition; the CITY shall have the riaht to provide or permit another governmental agency to provide ad- ditional bus benches as it deems to be in the best interest of the CITY. 3 83-897 831-" 89 , i k-2, areas; however, such locations shall not include CITY public property or property used by the CITY for public purposes. 140 advertising shall be allowed on bus benches located on anv street or sidewalk area when such street or sidewalk area abuts any property owned or utilized for municipal or public purposes nor shall any advertising be allowe6 on MTA Bus Stops where there is a reasonable objection from an abutting property owner that is acceptable to the City `^.anaaer. C. Prepare a design sketch showing existing topoarachy and proposed location of each bus bench at MTA Bus Stops where such facilities ar? to be installed. D. PeRuest a permit approval from the City Manaaer or his desicnee for each proposed lncation. E. Provide the CITY with plans and specifi- cations for each croposed bus bench location. F. irovi6e adequate mair.',,.enance and repair of all bus benches tr.rcug;,out t.".e term of t1he tiaree;nent. G. To make best efforts to maintain the maximum amount of paid advertising on each bus bench where permitted by law or otherwise provided for in the Agreement. Section 12. ZONING DESIGNATIONS The parties recoanize that the zoning designations set forth alcove refer to City of Miarii Comprehensive Zoning Ordinance r'o. 6371, as amended, which was repealed on June 26, 1963 by Ordin- ance No. 9500. It is the intent of the parties that bus benches containing advertising be permitted in those areas of the City where they would have been permitted had Ordinance No. 6871 remained in effect. In the evert the City Commission by ordin- ance chances the zoning classificaticn of any area where bus benches containing advertising are permitted to zoning? classi- fications RS-1, nS-1.1, RS-2 or nJ-1 under Ordinance No. 9500 bus benches containina advertising shall not be permitted in such locations. Provided further, that at no time shall the company's right to construct, erect, install, repair and maintain the total 5 83-89oft • number of benches containing advertising as provided for in Section 8 of the Agreement be diminished or imcaired. Section 13. CLAIMS AGAINST THE CITY The COMPANY covenants and agrees that it shall indemnify, hold harmless, and defend the CITY from anti aqainst any and all claims, suits, actions, damages or causes of action arising during the tern of the Agreement for any personal injury, loss of life, or damage to property sustained by reason of or as a result of the CUMPANY's installation, maintenance or operation of the bus 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 defense of an,; such claim and the investigation thereof. Section 14. I24SURA?SCE The COMPANY shall maintain during the term of this Agreement the followinc insurance an.1 conditions: A. Public Liability Insurance in the amounts of not less than One Million Dollars (S1,000,G00.00) per occurrence for death or bodily injury and not less than Fifty Thousand Dollars (550,000.00) per occurrence for property damage. B. 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 thirtv (30) days advance written notice of cancellation of said policies or any material modifications thereof. D. Certificates of insurance shall be filed with the Finance Department, Risk �Ianaaement Division, Of the City of Miami. E. The insurance coverage required shall include those classifications as listed in standard liability insurance manuals, which most nearly reflect the operations of the placement of bus benches within the public right-of-way. 2 OWNx- 7�a.y ..,` •ray+,,. i F. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and must be rated at least "A" as to management, and Class "X" as to financial strength, all in accorriance with A.M. BEST'S KEY R4TING latest edition. G. The CITY reserves the right to amend the insurance requirements as circumstances dictpte in order to protect the interest of the CITY in this Agreement. F. The COMPANY shall furnish certificates of insurance to the CITY prior to the commencement of operations, which certificate shall clearly indicate that the COMPANY has obtained insurance in the type, amount and classifications as required for strict compliance with this covenant. Section 15. PERFORMANCE BOND The COMPANY shall furnish the CITY with a Surety Bond in the amount S 25 , 000 or put up a deaos i t wi th the CITY in an amount erjual to one year's total bid as projected by the COMPANY and aureerl to by the Citv Manaaer. Section 16. OAIIERSHIP OF BENCHES The COMPANY shall retain sole ownership and responsibility for the bus benches pursuant to this Agreement for the purpose of insurance, liability, repair and maintenance. 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 bus benches at the depre— ciated -slue or require their removal at the end of the Agreement period or upon termination of the Agreement. Section 17. PURCHASE BY THE CITY In the event the Agreement is terminated for any reason, the CITY shall have the right to purchase the bus benches at the depreciated value described in Section 15 of these specifications. In addition, the CITY shall have the right to purchase, install and maintain such other bus benches as the CITY may determine to be in its own best interests,- 7 83-89 t Section 18. CANCELLATION AGREEMENT The CITY shall have the riaht to cancel and terminate the agreement for the following reasons: 1. Insolvency of the COMPANY 2. Inability of COD'PA�:Y to pay its debts 3. Bankruptcy of the COIviPANY Section 15. NCF ASSIGNABLE This Agreement shall nit he assianable by the COMPANY without t',e express areroval of the City of Miami Commission upon recommendation of the City Manager; such approval shall not be unreasonably withheld. Section 20. PERMITS The COMPANY shall be responsible for ob- taining any and all permits that may be necessary to place Bus Renches in the public right-of-wav regardless of the level of government from which they ;rust be obtained. Bus Benches shall be constructed to meet all a^plicable City, County and State regulations and Buildino Codes. Section 21. ADVER'TISING The CITY reserves the right to use up to 5% of the available 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 WIThOUT ADVERTISIFG The COMPANY shall provide a minimum of 500 bus benches or sufficient bus benches to permit the placement of at 'Least one bench per authorized bus stop, as determined by the City Manaaer, in areas where advertising is not permitted at no cost to the CITY, whichever is greater. Such benches shall be constructed, installed, ;roved, removed, insured and ;maintained at the sole expense of the COMPANY and remain the areoerty of the COh'LPANY. Such benches shall be comparable in size, shape, design, and quality as those that contain advertising. The CITY shall R 83�-89 0 w have the right to ourch�tse said bus oenches at the end of the three year term at the depreciated value determinei in Section 15. Section 23. INSTALLATION, MAINTENANCE AND REPAIRS The CCMPANY shall he 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 ACCOUNTI%G RECORDS The COMPANY shall provide to the CITY a record of all revenues and expenses regarding bus benches and a5vertisina fees in such form as will provide for a strict accounting of the payments to be made to the CITY in a manner that is acceptable to the Citv Finance Department. The COMPANY shall produce any such records that the CITY may request in the interest of verifying the correctness of the fee to be paid to the CITY. Section 25. C014FORMITY TO LAW The COMPANY agrees to comply with all laws, ordinances, regulations and orders of Federal, State, County and Municipal authorities pertaining to the installation and mainten- ance of bus benches. Section 26. TAXES The COMPANY shall pay any personal property taxes or other taxes that may be required as a result of ful- filling the terms of this Agreement. Section 27. CONTRACTUAL AGREEMENTS :r'ITH OTHER CITIES If the COA ANY has entered into or ever does enter into an agreement with a city, county, or other govern- mental agency for the provision of bus benches, and the City of Niami considers the terms and conditions of said agreement to be more favorable to the other governmental agency than is the COMPANY's agreement with the City of Miami, the City of Miami can require the CGMPkNY to renegotiate the aareement with the CITY to include said favcrable terms and conditions. E 83-897 Section 28. BUS BENCH INSTALLATION r4henever it is necessary to place a Bus Bench on the ground, the COMPANY shall provide a concrete slab that is level, safely set back from the street oa,7ement, at least 4" thick and extends at least 1.0' beyond the limits of the seating area of the Bus Bench. The exact locations to be determined by the City Manager. Section 29. SERVICE OF NOTICE Service of written notice by one party upon the other as referred to in this Aareement shall be effected by delivery of written notice by certified ;rail, return receipt requested, to the parties at the following respective addresses: CITY OF MiIAMI Attention: Office of City Clerk Miami, F lcri6a 33133 BITS BENCHES COMPANY 475 East Okeechobee Road Hialeah, Florida 33101 The aforestated addresses may be chanaed from time to time by written notice served in the Tanner herein provided. IN WITNESS 1.F?ERECF, t a parties have hereto set their hands and seals the day and vear first above written. 'TTEST• BUS BF.N?CHES COMPANY Se etaty Pre ice t rT.. T': CYTY OF MIAt4I RALPH G. ONGIE City Clerk REVIE'AED BY: ZUhN J . COP-'LCf+,iJR. ' � - '•nssistant� City Attorn�� JJC/wpc;ab/004 lu HOwARD V . GAR.Y City Manager APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCIA-FEDROSA City Attornev 8a3-199 %