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HomeMy WebLinkAboutR-83-0429� J-33-406 sd RESOLUTITT `10. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED WITH BUS BENCHES COMPANY TO PROVIDE BUS BENCHES WITH 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, 1.981; and U HEREAS, 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 WHEREAS, 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, on February 16, 1983, the Law Department approved as to form and correctness a proposed contract signed by Bus Benches Company; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement in substantially --he form attached hereto, 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 31 clay of May , 1983. Maurice A. Ferre M A Y 0 R CITY COMMISSIOT MEETING OF MAY 31 1983 83-'4249 rl El ATTEST: ALPH G. ONGIE, CITY CLER PREPARED AND APPROVED BY: fe 4/ � ROBERT F. CLARK ' ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: O E R. GARCIA-PEDROSA 83' 429 Page 2 of 2 AGREEMENT FOR BUS BENCHES THIS AGREEMENT made and entered into this day of J k,-, 190,"by and between the CITY OF MIAMI, c/o the City Clerk, 3500 Pan American Drive, Miami, Florida 33133, heteinafter referted to as the CITY, and BUS BENCHES COMPANY, a Florida corporation, 475 East Okeechobee Road, Hialeah, Florida'; 33010, hereafter referred to as the COMPANY. W I T N E S S E T H: WHEREAS, the CITY OF MIAMI duly and lawfully advertised for proposals to provide bus benches for the City of Miami on March 9, 1981, and WHEREAS, the time for receiving said bids was duly and lawfully extended to and set at June 24, 1981, and WHEREAS, bids were received by the City Clerk of the CITY OF MIAMI on June 24, 1981, and WHEREAS, the City Commission has determined that among the several bidders, the best bid for providing bus benches was submitted by the COMPANY: NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND OF THE MUTUAL COVENANTS AND UNDERTAKINGS HEREINAFTER CONTAINED BY THE PARTIES HERETO, TO BE OBSERVED AND PERFORMED, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO DO BIND THEMSELVES HEREBY AND AGREE AS FOLLOWS, TO -WIT: Section 1. The City of Miami, 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 identified by the CITY as requiring bus benches for the convenience of the traveling 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 term of this Contract shall be for three 83-42!j (3) years and shall be renewable for an additional 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 MTA (Metropolitan Transit Authority) subject:.Eo 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 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 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 COMPANY voluntarily removes any bus bench from an approved location. Section 3. The COMPANY will continuously comply with all provisions of federal, state and county law concerning the regulation of the herein subject matter. Section 4. The COMPANY agrees that advertising messages 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-51 I-1, I-2, W-1 and along 4-lane arterials abutting property zoned residential except for R-1, R-lA, R-IB and R-2 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 benches located on any street or sidewalk area when such street or sidewalk area abuts any property owned or utilized for municipal or public purposes. Section 5. The COMPANY agrees that no bus bench will be placed at any location where the CITY finds that a bus bench at the proposed site or location will tend to unreasonably obstruct passage along any public Rights -Of -Way, secure written permission from the affected property owner, and submit Such written 83-42!j evidence of having gained permission to install the bus bench on private property adjacent to the public Right -Of -Way prior 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 Agreement. No bus ._ bench shall be installed at a location designated and identified-s as a satisfactory location by the CITY until and unless such bus bench shall have been first approved by the CITY. Section 7. Detailed plans and specifications of each existing and/or proposed bench shall be supplied by the COMPANY if requested by the CITY and modification of said plans and specifications shall be made at COMPANY expense if such modifica- tion is required by the CITY. Section 8. USE OF THE RIGHT-OF-WAY 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 benches without advertising in the Public Right -Of -Way throughout the CITY, located at authorized Metropolitan Transit Authority Bus Stops. The COMPANY shall be solely responsible for abiding by all City, County, State and Federal regulations and for obtaining the necessary clearances and permit required for the placement of bus benches at such locations. Section 9. NON EXCLUSIVE CONTRACT The contract shall be non exclusive. The CITY shall have the right to agree for bus benches with and without advertising in excess of the quantity provided in this Agreement. In addition, the CITY shall have the right to provide or permit another governmental agency to provide additional bus benches as it deems to be in the best interest of the CITY. Section 10. CONSIDERATION The COMPANY shall pay to the CITY the amount of Sixty -One Dollars and Twenty -Five Cents ($61.25) per year per Bus Bench containing advertising as a minimum annual fee and one percent 3 83-42!J (1%) of the gross receipts. Payment shall be made to the City of Miami Finance Department by the 25th day of each month including one twelfth of the minimum annual fee and in addition the percentage of gross receipts payable to the CITY generated in the preceding month,. The term "gross receipts" shall be construed to include -_all monies paid or payable to and monies received by the COMPANY for Sales and Services provided, however, the term gross} receipts shall not include: A. Up to 15% of the customer billing for advertising agency commissions actually paid. B. Discounts for quantity purchases where they are actually allowed. C. Taxes directly paid by the COMPANY which are separately stated and required by law. The COMPANY shall furnish a detailed accounting of the revenues upon which each monthly payment is figured in such form as is agreed upon between the COMPANY and the CITY. Section 11. REQUIREMENTS OF COMPANY The COMPANY shall complete the following requirements at its sole expense in providing bus benches within the City of Miami: A. Provide the CITY with an inventory of all bus benches located within the City of Miami and notify the respective owners to remove unauthorized bus benches from the CITY Right -Of -Way. B. Provide bus benches in accordance with approved bus bench design standards at each CITY bus stop with advertising as permitted in Zoned areas classified as C-1, C-lA, C-A, C-4, C-41 C-4A, C-5, 1-1, 1-2, W-1 and along 4 lane arterials abutting property zoned residential except for R-1, R-lA, R-lB and R-2 areas; however, such locations shall not include CITY public property or rorerty ubru by the CITY for public purposes. No advertising shall be allowed on bus benches located on any 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 allowed on MTA Bus Stops where there is a reasonable objection from an abutting property owner that is 4 83-429 acceptable by the City of Manager. C. Prepare a design sketch showing existing topography and proposed location of each bus bench at MTA Bus Stops where such facilities are to be installed. D. Request a permit approval from the City Manager or his designe�-'for each,.proposed location. E. Provide the CITY with plans and specifications for each, proposed bus bench location. F. Provide adequate maintenance and repair of all bus benches throughout the term of the Agreement. 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. CLAIMS AGAINST THE CITY The COMPANY covenants and agrees that it shall indemnify, hold harmless, and defend the CITY from and against any and all claims, suits, actions, damages or causes of action arising during the term of the Agreement for any personal injury, loss of life, or damage to property sustained by reason of or as a result of the COMPANY'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 f any such claim and the investigation thereof. Section 13. INSURANCE The COMPANY shall maintain during the term of this Agreement the following insurance and conditions: A. Public Liability Insurance in the amounts of not less than One Million Dollars ($1,000,000.00) per occurrence for death or bodily injury and not less than Fifty Thousand Dollars ($50,000.00) 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 thirty (30) days advance written notice of cancellation of said policies or any 5 83-429 material modifications thereof. D. Certificates of insurance shall be filed with the Finance Department, Risk Management Division, of the City of Miami. E. The insurance coverage required shall include those classifcations �as listed in standard liability insurance manuals, which most nearly reflect the operations of the place- ment of bus benches within the Public Right -Of -Way. F. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and must be related at least "A" as to management, and Class "X" as to financial strength, all in accordance with A.M. BEST'S KEY RATING GUIDE, latest edition. G. The CITY reserves the right to amend the insurance requirements as circumstances dictate in order to protect the interest of the CITY in this Agreement. H. The COMPANY shall furnish certificates of insurance to the CITY prior to the commencement of operations, which certifi- cate shall clearly indicate that the COMPANY has obtained insurance in the type amount and classifications as required for strict compliance with this covenant. Section 14. PERFORMANCE BOND The COMPANY shall furnish the CITY with a Surety Bond in the amount $25,000 or put up a deposit with the CITY in an amount equal to one year's total bid as projected by the COMPANY and agreed to by the City Manager. Section 15. OWNERSHIP 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 base 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 depreciated value or require their removal at the end of the Agreement period or upon termina- 6 83-42S tion of the Agreement. Section 16. 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 specifi- cations..-.� 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. Section 17. CANCELLATION AGREEMENT The CITY shall have the right to cancel and terminate the Agreement for the following reasons: 1. Insolvency of the COMPANY 2. Inability of COMPANY to pay its debts 3. Bankruptcy of the COMPANY Section 18. NON ASSIGNABLE This Agreement shall not be assignable by the COMPANY without the express approval of the City of Miami Commission upon recommendation of the City Manager; such approval shall not be unreasonably withheld. Section 19. PERMITS The COMPANY shall be responsible for obtaining any and all permits that may be necessary to place Bus Benches in the public Right -Of -Way regardless of the level of government from which they must be obtained. Bus Benches shall be constructed to meet all applicable City, County and State regulations and Building Codes. Section 20. ADVERTISING The CITY reserves the right to use up to 5% of the available advertising space for Public Service Messages which shall be produced on the appropriate panels by the COMPANY at no cost to the CITY. Section 21. BUS BENCHES WITHOUT ADVERTISING 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 Manager, 7 83-429 0 0 in areas where advertising is not permitted at no cost to the CITY, whichever is greater. Such benches shall be constructed, installed, moved, removed, insured and maintained at the sole expense of the COMPANY and remain the property of the COMPANY. Such benches shall be comparable in size, shape, design, and quality.as those that contain advertising. The CITY shall have - the right to purchase said bus benches at the end of the three'" year term at th depreciated value determined in Section 15. Section 22. INSTALLATION, MAINTENANCE AND REPAIRS The COMPANY shall be solely responsible for the proper installation, maintenance and repairs of all bus benches. They shall be kept in a clean and presentable condition for use by the general public. Section 23. AUDITS AND ACCOUNTING RECORDS The COMPANY shall provide to the CITY a record of all revenues and expenses regarding bus benches and advertising 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 City 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 24. CONFORMITY 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 maintenance of bus benches. Section 25. TAXES The COMPANY shall pay any personal property taxes or other taxes that may be required as a result of fulfilling the terms of this Agreement. Section 26. CONTRACTUAL AGREEMENTS WITH OTHER CITIES If the COMPANY has entered into or ever does enter into an agreement with a city, county, or other governmental agency for the provision of bus benches, and the City of Miami considers the terms and conditions of said agreement to be more favorable to N 83-429 the other governmental agency than is the COMPANY's agreement with the City of Miami, the City of Miami can require the COMPANY to renegotiate the agreement with the CITY to include said favorable terms and conditions. Section 27. BUS BENCH INSTALLATION Whenever it Is necessary to place a Bus Bench on the ground, the COMPANY shall provide a concreate slab that is level, safely% set back from the street pavement, 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 28. 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 mail, return receipt requested, to the parties at the following respective addresses: CITY OF MIAMI Attention: Office of City Clerk Miami, Florida 33133 BUS BENCHES COMPANY 475 East Okeechobee Road Hialeah, Florida 33101 The aforestated addresses may be changed from time to time by written notice served in the manner here provided. IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first above written. ATTEST: RALPH G. ONGIE City Clerk ATTEST: Secretary REVIEWED BY: JOH J. COPE AN, R. A istant CCity Attorney wpc/l10 9 CITY OF MIAMI HOWARD V. GARY City Manager BUS BENCHES COMPANY Pei LP_ent APPROVED AS TO FORM AND CORRECTN '0� JOSE R. GARCIA-PEDROSA City Attorney r _ 83-429 t'PP.`. ..<:w.•t.r ��y!'5:,�.�•• f• '. �:YD.•. ... •: .. �. .: i. .. - . ��.I•.!•:: L��Q�1�\Yk.IhLTiri �.�.'7JI�KaatisE{%.•L:.lra: M•t�1C 1.--'.. ti. . 'i' i+,e..+,^!}r-1.v.� v 1;1i'•r�Z1��..��`;.!A!yiR!'V:''? 7+•:J'i.,✓r'Ct•w?=.L: •::.C.0 ::.•,.� e • r � 46 CITY OF MIAh1t. FLORIDA INTER -OFFICE MEMORANDUM To Howard V. Gary DATE t'1ay 12, 1983 FILE City Manager Bus Benches Contract It -Vark Merrill Assistant to the City A]anager F N:.L OUPf 5 Resolution, Contract C. Intergovernmental Affairs/Cable and mermrandum "It is recce rended that the attached resolution authorizing the City Planager to execute a contract between Bus Benches Company and the City of Miami for providing bus benches, with and without ad- vertising in the City of Miami's public rights -of - way, be presented to the City Commission for its - approval". In July of 1981 the City Commission by Resolution 81-668 authorized the negotiation of a contract with Bus Benches Company for providing bus benches with advertising within the public rights -of -way in the City of Miami. There was a very extended negotiation period between the company and the City, which was concluded earlier this year. This contract will provide the City with approximately $55,000 per year in additional revenue for the right to place advertising on bus benches within the City. The contract also provides for 500 bus benches without advertising to be placed at City bus stops where advertising is not permitted. There is also a provision for reserving 5% of the advertis- ing space for public service messages. The term is for three years plus two additional years if the conditions of the contract have been satisfactorily met. 83-425