HomeMy WebLinkAboutM-80-0889CITY O' MIAN!t. VLORIOC^,
INTER -OFFICE MEMORANCUM \ '�
Mayor and Members of the E,,,E December 16, 1980 ""
City Commission
;uE,il: Bus Shelters & Bus Benches
Richard L. Fosmoen
City Manager
Proposal and Specifications
On October 30, 1980, the Commission adopted an ordinance which
allows the City to receive proposals for the installation of bus
shelters and bus benches within the City. ,
Such an installation would complement a County bus shelter pro-
gram now in progress, which is providing 80 shelters at 72 Miami
bus stops. Due to the method of funding, the County shelters will
have no advertising.
Although the County shelters will not be lighted, lighting fixtures
will be installed. The City is now negotiating to determine how
the lights can be energized.
Under the present City code, a contract is required for the City
to collect revenue from bus benches. Under such a contract, the
- City would receive a minimum of $1.2.00 per bench per year, plus
an occupational license fee. The revenue could be higher depend-
ing on the bids that the City receives.
According to a, survey completed last year, there are approximately
1400 bus benches in the City of Miami located at 1150 different
stops. Although there are some 750 bus stops without seating, the
City has received -eery few requests for additional benches.
Presently, two companies supply almost all of the bus benches in
Miami. These companies have been placing, relocating, or removing
benches at the City's request. In addition, they are t1orking with
representatives of the Fire and Police Departments to provide at
least 40 benches with public service messages. This is in associ-
ation with the Commission's desire to utilize this media for police
recruiting, and to inform the public about the use of fire alarms.
The attached draft of proposals and specifications for bus shelters
and bus benches has been prepared for discussion purposes. From.
this can be determined the parameters that the Commission desires
to use in developing this project, as well as to point out some of
the concerns regarding this operation.
811)-8811")
CITY OF MIAMI
PROPOSAL
SPECIFICATIONS
FOR
DECEMBER,1980
f
TABLE OF
Invitation
Advertisement
Division
Bid Proposal
Prop
Documents Docu
I
Notice of Public Proposals A
II
Background
III
Instructions
to Proposers B
IV
Declaration
of Affidavit C
V
Proposal
D
Bid
Proposal Alternative "A"
Bid
Proposal Alternative "B"
Bid
Proposal Alternative "C"
VI
Professional
Information E
VII
Individual or Corporation Financial Statement F
VIII
General Conditions
G
IX
Exhibits
A.
Listing of Geographical Districts.
B.
Ordinance No. 9190 Amending Article
III Chapter 54
C.
Map showing where Bus Benches and
Bus Shelter Advertising may occur
and suggested locations.
9
10
11
12-13
14-15
16-26
27-31
INVITATION
The City of Miami invites interested parties to make a proposal
for furnishing and maintaining up to 350 Bus Shelters and/or
up to 1,400 Bus Benches located at bus stops within the City of
Miami.
All prospective bidders should read the Proposal Specifications carefully as
well as to make their own study of the possible sites available for this place-
ment of Bus Shelters and/or Bus Benches in the Public Right -Of -Way.
A map showing bus stop locations where advertising is permitted is for reference
only. Exact locations will be determined once the successful proposer is selected.
Proposals shall provide at least 50 bus shelters and/or at least 200 bus benches
without advertising at locations selected by the City.
Proposals for providing Bus Shelters and/or Bus Benches within the City of Miami
will be received by the City Clerk, City of Miami, 3500 Pan American Drive,
Miami, Florida 33133, not later than 2:00 P.M. on Friday , 1981.
Proposal Specifications, bidding documents and further information regarding this
project may be obtained by contacting:
Mr. Clark Merrill
Assistant to the City Manager
3500 Pan American Drive
Miami, Florida 33133
Telephone: 305-579-6888
Richard L. Fosmoen
City Manager
a
CITY
OF MIAMI
BUS
BENCHES
BUS
SHELTERS
BID
PROPOSAL DOCUMENTS
PROPOSAL DOCUMENT A
1
NOTICE OF PUBLIC PROPOSALS
The City of Miami is inviting interested parties to submit Public Proposals
for the furnishing of Bus Stop facilities described as follows:
Alternative A: 250 Bus Shelters with advertising
50 or more Bus Shelters without advertising
Total Bus Shelters limited to 350
Alternative B: 1000 Bus Benches with advertising
200 or more Bus Benches without advertising
Total Bus Benches limited to 1400
Alternative C: 250 Bus Shelters with advertising
50 or more Bus Shelters without advertising
Total Bus Shelters limited to 350
1000 Bus Benches with advertising
200 or more Bus Benches without advertising
Total Bus Benches limited to 1400
Proposals will be received by the City Clerk of the City of Miami, 3500 Pan
American Drive, Miami, Florida 33133, not later than 2:00 P.M. Friday,
1981.
Applicants will demonstrate that they have knowledge and experience in the
area covered by their proposal and have the financial capacity to finance the
cost of the requested facilities. Bidders should not assume that existing Bus
Benches will be permitted to remain in the Public Rights -Of -Way.
All Proposals shall be submitted in accordance with the Instructions to Proposers
as contained in the Proposal documents which may be obtained by writing to:
Mr. Clark Merrill
Assistant to the City Manager
3500 Pan American Drive
Miami, Florida 33133
The City of Miami reserves the right to accept any Proposal or combination of
Proposals deemed to be in the best interest of the City, to waive any irregular-
ities in any Proposal or to reject any or all Proposals and to advertise for new
Proposals if desired.
In making such determination, the City's consideration shall include but not be
limited to: The proposer's experience, the dollar return offered to the City,
the proposer's financial qualifications, the professional reputation of the
proposer and the evaluation by the City of all proposals submitted by the proposer
(s) in support or explanation of their proposal.
Richard L. Fosmoen
City Manager
Page 1.
II
BACKGROUND
There are approximately 1900 Metropolitan Transit Authority (MTA) Bus Stops
within the City of Miami. Presently about 1400 Bus Benches, most containing
advertising are located in commercial and residential areas throughout the
City. Several prototype bus shelters exist in the Downtown area.
There are approximately 1300 Bus Stop Locations in Miami where advertising on
Bus Shelters and Benches is permitted and approximately 580 stops that are in
residential zoned areas (R-1 and R-2) and the downtown business area where
advertising will be prohibited.
It is the intent of the City to upgrade the aesthetics of the Public Rights -of -
Way through the design of new and the replacement of existing street furniture.
Bus Shelters and/or Bus Benches will not be allowed to obstruct more than 2.5
feet of sidewalk area.
Dade County is presently constructing 80 Bus Shelters at 72 Miami locations.
These shelters may not necessarly preclude the use of those locations for
future advertising.
Page 2.
CITY OF MIAMI
BUS SHELTERS
BUS BENCHES
INSTRUCTIONS TO PROPOSERS
AND
PROPOSAL SPECIFICATIONS
INSTRUCTIONS TO
TABLE OF CO
- 1.
Submission of Proposal
2.
Installation of Facilities
3.
Financial Obligations and Resour
4.
Conflicts
5.
One Proposal
6.
Proposal Bid Amounts
7.
Signature of Proposer
8.
Security
9.
Acceptance or Rejection of Propc
10.
Withdrawal of Proposal
11.
Interpretation of Proposal Docurr
12.
Examinations of Sites
13.
Protection of Rights of City
14.
Lobbying
15.
Proposal Documents
(A) Notice of Public Proposal
(B) Instructions to the Propos
(C) Declaration
(D) Proposal
(E) Professional Information
(F) Financial Statement
(G) General Conditions
(H) Addenda if any
16.
Non Conforming Proposals
Page 3.
PROPOSAL DOCUMENT B
III
INSTRUCTIONS TO PROPOSERS
1. SUBMISSION OF PROPOSAL: Complete proposals must be submitted on the proposal
document forms, provided in the Proposal Specifications along with any addi-
tional documentation provided by the Bidder. Explanation must be provided
for any information not provided or questions not answered.
The above material must be received in the Office of the City Clerk, Miami
City Hall, 3500 Pan American Drive prior to the date and time stated in the
Notice for Public Proposals.
2. INSTALLATION OF FACILITIES: The Proposer is expected to have the capacity to
construct not less than 50 shelters in a complete and operational condition
within the first six month period and complete 150 additional shelters in each
additional 6 month period until the required number of shelters have been
installed and made operational. Delays caused by the City,or acts of God,will
be reason fo►- extensions of time equal to the delayed time. The proposer will
be responsible to provide all materials, maintenance and utilities at his sole
expense.
3. FINANCIAL OBLIGATIONS AND RESOURCES OF BIDDER: The Proposer is expected to
demonstrate the ability produce adequate financial backing to furnish and main-
tain the facilities required of the Proposer as described in the Proposal
specifications.
4. CONFLICTS: Prospective Proposers shall have no record of past criminal acti-
vity or pending criminal lawsuits, nor have any conflicts of interest that
have not been identified and explained to the City in writing. Such statement
shall be made on the proper form supplied in the Proposal documents, notarized
and submitted with the Proposal.
5. ONE PROPOSAL: Only one Proposal from an individual, firm, partnership or corpo-
ration under the same or different names, will be considered. If it is deter-
mined that a Proposer is interested in more than one Proposal, all Proposals it
which such Proposer- is interested will be rejected. This does not limit the
Proposer from submitting a bid on all Proposal alternatives listed in the
Proposal documents.
6. PROPOSAL BID AMOUNTS: Proposed bid amounts shall be clearly stated in figures
and in writing in the appropriate places on the Proposal form. When in doubt
the written amounts will be used to determine the bidders intent.
7. SIGNATURE OF PROPOSER: The Proposer must sign the Proposal in the spaces pro-
vided for his signature. If the Proposer is an individual the words "sole
owner" shall appear after his signature. If the Proposer is a partnership
the word "partner" shall appear after the signature of one of the partners. If
the Proposer is a corporation, the signature of the required officer or officers
as authorized by its by-laws or Board of Directors shall be followed by the
official name of the corporation and its official corporate seal. Each Propo-
sal will also contain the correct business address and telephone number of
the Proposer.
Page 4.
Instructions to Proposers, Contd.
8. SECURITY: Each Proposal containing a bid for Bus Shelters shall be
accompanied with a certified check or Bid Bond in the amount of
$10,000. Each Proposal containing a bid for Bus Benches only shall
be accompanied with a certified check or Bid Bond in the amount of
$1,000. No additional amount of security will be required when bid-
ding on Proposal Alternate C (Bus Shelters plus Bus Benches).
The Security of any unsuccessful Proposer will be returned after the
City of Miami and the accepted Proposer have executed a written con-
tract and the accepted Proposer has filed the required performance
bond.
If ninety (90) days have passed after the date of the formal opening
of the Proposals and no contract has been awarded the certified checks
and or Bid Bond of all Proposers will be returned upon the demand of
each Proposer. Failure to execute a contract and file an acceptable
performance bond within ten (10) days after written notice of accep-
tance has been given shall be just cause for the annulment of the
award and the forfeiture of the security to the City. This forfei-
ture shall not be considered as a penalty, but instead, as liquidated
damages substained for expenses incurred by the City. Award may then
be made to the next most qualified Proposer or all Proposals may be
rejected and the Project readvertised, if desired.
9. ACCEPTANCE OR REJECTION' OF PROPOSALS: The City of Miami reserves the
right to accept any Proposals or combination of Proposals deemed to be
in the best interest of the City, to waive any irregularities in any
Proposal, to reject any or all Proposals or to readvertise for new
Proposals if desired. In making such determination, the City shall con-
sider but not be limited to the followinq:
(A). Financial qualifications. '
(B). Experience.
(C). Professional reputation of the Proposers.
M . Quality of the prod,ict.
(E). Design and aesthetic considerations.
(F). Value to the City (Revenue, Capital Improvements, Convenience, etc.)
(G). Ability to timely coriplete the specified requirements.
The successful Proposer will receive an official letter from the City of
Miami notifying him of the privilege of negotiating a contract to be pre-
pared by the City.
Any Proposal which is incomplete, conditional, obscure, or which contains
irregularities of any kind, may be cause for rejection of the Proposal.
In the event of default of the successful Proposer or his refusal to enter
into contract with the City of Miami, the City reserves the right to accept
the Proposal of any other qualified Proposer or to readvertise using the
same or revised Proposal documents at its sole discretion. The City reser-
ves the right to make separate awards for Shelters and/or Benches.
Page 5.
r"
Instructions to Proposers, Contd.
In addition,the City Commission may award all or any one of the three
proposals to one or up to four separate bidders based upon the four
districts shown on Exhibit"A".
10. WITHDRAWAL OF PROPOSAL: Any Proposal may be withdrawn by the individual
or firm making the Proposal provided it is in writing or by verified te-
legram and received by the City Clerk prior to the time scheduled for
receipt, as shown in the notice of Public Proposals. No withdrawals
will be permitted after bids have been opened.
11. INTERPRETATION OF PROPOSAL DOCUMENTS AND SPECIFICATIONS: Each Proposer
shall thoroughly examine the Proposal Documents and Specifications and
judge for himself all matters relating to the location of the facilities
to be provided and the character and extent of the Services to be pro-
vided. In the event the Proposer should be of the opinion that the mea-
ning of any part of the Proposal documents or specifications is doubtful,
obscure, contains errors or ommissions, such opinions should be reported
in writing to the City Manager at least ten (10) days before the formal
opening of proposals, in order- that appropriate addenda may be issued by
the City Manager, if necessary, to all prospective Proposers before Propo-
sals are filed with the City Clerk. The written addendum is the only offi-
cial method of interpreting the Proposal documents and specifications.
12. EXAMINATIONS OF SITES: The Proposer, prior to making a Proposal should
make a survey of possible Bus Shelter and Bus Bench locations using the
attached map of Hiami as a guide to determine the most desirable loca-
tions to install Bus Shelters and Bus Benches. The actual priority of
Bus Shelter Sites will be finally determined in concert with the success -
full bidder after the Contract is executed with the approval of the City
Manager. A tentative selection of sites is shown on Exhibit "C" of these
specifications and bound separately.
13. PROTECTION OF RIGHTS OF CITY: The City reserves the right to include in
the Contract document such terms and conditions as may be considered ne-
cessary for the proper protection of the rights of the City of 11iami.
14. LOBBYING: Prospective bidders are hereby notified that there shall be
no contact between the bidders or their representatives and the City
Commission regarding their respective proposals except at a public
meeting that has beer called for that purpose and that any such contact
shall be considered sufficient reason to disqualify such bidder and
forfeit the bid security.
15. PROPOSAL DOCUMENTS: The Proposal Documents shall mean and include the
following:
(A). Notice of Public Proposal.
(B). Instructions to the Proposer.
(C). Declaration.
(D). Proposal.
(E). Professional Information.
(F). Financial Statement.
(G). General Conditions.
(H). Addenda (if any) page 6.
Instructions to Proposers, Contd.
16. NON CONFORMING PROPOSALS: Nothing herein shall be construed as to
prevent any bidder from making a proposal that is different from the
form that is provided in these specifications. However such proposal
must contain comparable cost elements in order for the City to make
proposal evaluations to the City Manager and City Commission. Proposals
that are not comparable will be rejected.
1
Page 7.
PROPOSAL DOCUMENT C -
IV
To:
Richard L. Fosmoen
City Manager
City of Miami, Florida
DECLARATION
Submitted day of 1981.
The undersigned, as proposer (herein used in the masculine
singular, irrespective of actual gender and number) declares that the only
persons interested in this Proposal are named herein, that no other person
has any interest in this Proposal or in the Agreement to which this Propo-
sal pertains, that this Proposal is made without connection or arrangement
with any other person and that this Proposal is in every respect fair, in
good faith, and without collusion or fraud.
The proposer further- declares that he has complied in every
respect with all of the Instructions to Proposers, that he has read all
addenda, if any, and that he has satisfied himself fully relative to all
matters and conditions with respect to the Proposal.
The proposer agrees, if this Proposal is accepted, to execute
an appropriate Agreement for the purpose of establishing a formal contractual
relationship between him and the City of V:iami, Florida, for the performance
of all requirements to which this Proposal pertains.
The proposer- states that the Proposal is based upon the Proposal
Documents and Addenda, if any, listed by number as follo�,rs:
Addenda numbers, if any
Signature
Title
Page 8.
Name of Firm, Individual or
Corporation
Signature
(Title)
PROPOSAL DOCUMENT D
V
PROPOSAL
910 PROPOSAL ALTERNATIVE "A"
BUS SHELTERS
Item 1. For furnishing, installing and maintaining 250 Bus Shelters with
advertising at designated locations as herein described, I hereby
offer to the City a minimum annual fee of:
Dollars and Cents,
per Bus Shelter containing advertising.
$ (250 x Annual Fee
per Shelter)
And
Item 2. In addition to the minimum fee, I hereby offer to pay the City a
percentage of the annual gross Bus Shelter Advertising sales within
the City of Miami, Florida: Percent ( `).
And
Item 3. I hereby offer to furnish, install and maintain, without advertising,
at no cost to the City, at designated locations in the City, the fol-
lowing number of Bus Shelters in excess of the required 50 Bus Shelters
without advertising: (50 or less) additional Bus Shelters without
Advertising. Total Bus Shelters, with and without Advertising, shall
not exceed 350.
BID PROPOSAL ALTERNATIVE "B"
BUS BENCHES
Item 1. For furnishing, installing and maintaining 1000 Bus Benches at
designated locations within the City of Miami, as herein described,
I hereby offer to the City a minimum annual fee of:
Dollars and
Cents, per Bus Bench containing Advertising.
$ (1000 x Annual Fee
per Shelter)
And
Item 2. In addition to the minimum fee, I hereby offer to pay the City a
percentage of the annual gross Bus Bench Advertsing sales within
the City of Miami, Florida: Percent
And
Item 3. I hereby offer to furnish, install and maintain, without Advertising,
at no cost to the City, at designated locations in the City, the fol-
lowing number of Bus Benches in excess of the required 200 Bus Benches
without Advertising: (200 or less) additional Bus
Benches without Advertising. Total Bus Benches, with and without
Advertising, shall not exceed 1400.
Note: No more than eighty (80) percent of all existing and/or prospective
Bus Benches shall contain commercial Advertising.
Page 10.
a
BID PROPOSAL ALTERNATIVE "C"
BUS SHELTERS AND BUS BENCHES
The information requested for this Alternative is exactly the same as Alterna-
tive A and B. Some companies may find that it will be to their benefit and to
the benefit of the City should they be offered the opportunity to provide both
Bus Shelters and Benches to the City. This form allows the company to offer
incentives, e.g., higher annual fee or percent of Advertising sales, to the
City for choosing one company to provide both Shelters and Benches.
Item 1. For furnishing, installing and maintaining 1000 Bus Benches at desig-
nated locations within the City of Miami, as herein described, I
hereby offer to the City a minimum annual fee of:
Dollars and Cents, per Bus Bench
containing Advertising.
$ (1000 x Annual
Fee per Shelter)
And
Item 2. In addition to the minimum fee, I hereby offer to pay the City a
percentage of the annual gross Bus Bench Advertising sales within
the City of Miami, Florida: Percent ( q).
And
Item 3. I hereby offer to furnish, install and maintain, without Advertising,
at no cost to the City, at designated locations in the City, the fol-
lowing number of Bus Benches in excess of the required 200 Bus Benches
without Advertising: (200 or less) additional Bus
Benches without Advertising. Total Bus Benches, with and without
Advertising, shall not exceed 1400.
Page 11.
ME
91D PROPOSAL ALTERNATIVE "C"
BUS SHELTERS AND BUS BENCHES
(Continued)
Item 4, For furnishing, installing and maintaining 250 Bus Shelters with
Advertising at designated locations as herein described, I hereby
offer to the City a minimum annual fee of:
Dollars and Cents, per Bus
Shelter containing Advertising.
$ (250 x Annual Fee
per Shelter)
And
Item 5. In addition to the minimum fee, I hereby offer to pay the City a
percentage of the annual gross Bus Shelter Advertising sales within
the City of Miami, Florida: Percent ( %).
And
Item 6. I hereby offer to furnish, install and maintain, without Advertising,
at no cost to the City, at designated locations in the City, the fol-
lowing number of Bus Shelters in excess of the required 50 Bus Shelters
without Advertising: (50 or less) additional Bus Shelters without
e
Advertising. Total Bus Shelters, with and without Advertising, shall
not exceed 350.
Page lla
PROPOSAL DOCUMENT E
VI
PROFESSIONAL I14FORMATION
This Questionnaire is to be submitted to the City Manager and City Clerk
of the City of Hiami, Florida, by the proposer, along with his proposal.
Do not leave any question unanswered. When a question does not apply,
write the word "None", "Not Applicable", or "Not Required", as appropriate.
1. County-Hunicipal Occupational Licese No. (if any)_
2. Classification:
3. Expiration Date:
4. Years you or your organization have been in business:
5. Show the number of years experience you ~or your organization have had
installing Bus Shelters or Bus Benches.
6. Experience record. List not more than five recent installations of
this type in which your Firm has engaged: Indicate if experience is
with Bus Shelters, Bus Benches or both.
1.
2.
3.
4.
5.
7. References. Give three references as to your Firm's experience and
ability:
1.
2.
3.
8. List locations where your product has been installed.
1.
2.
3.
Page 12.
O
PROFESSIONAL INFORMATION (cont'd)
9. Person or Persons interested
previously had any rights or
and/or lease cancelled before
words).
Give details:
in submitting this proposal (have) (have not)
licenses for the operation of a job or contract
the expiration date. (Strike out inappropriate
10. Person or Persons submitting
this proposal, and this Qualification Form
(have) (have not) been convicted
by a Federal, State, County or Municipal
Court of any violation of law,
other than traffic violations. (Strike out
IF
inappropriate words).
=R
Explain any convictions:
The undersigned person and/or persons hereby certifies that the above information
is true and correct.
Name of Firm or Corporation
(Seal)
Signature
(Seal)
Signature
6
F
s,
g
g
r
F
Page 13.
s
VII PROPOSAL DOCUMENT F
INDIVIDUAL OR CORPO'�A fION
FINANCIAL STATFt.,,E .T
kAM E
BUSINESS OR
OCCU"ATIC 4
AJD
TO THE CITY OF MIAMI. FLORIDA
TO PERMIT THE CITY TO RcVIE* AND EVALUATE THE FiNANC1AL ABILIT" OF THE UNDERSIGNED TO PERFORM THE REQUIRED SER-
VICES, THE UNDERSIGNED MAKES THE FOLLCMING STATEMENT OF FINANCIAL CONDITION AS OF THE CLOSE OF BUSINESS ON
THE DAY OF 19 J AND CERTIFIES TO 7HE ABCVE•NAMcC CITY THA- THE IN VOCMAT10N HERE.NAr7ER SET FOR7H
IS 14 ALL RESMECTS ';'',.E, ACCURATE AND COMPLETE AND CoQRECTLY REFLECTS THE FINANCIAL CONCIT104 OF THE UNDERSIGNED
ON THE DATE AFCREMENTICNEC,
(TILL ALL BU.hXS WRITING "NO" OR "NONE" WHERE NECES-&kRY TO COAIP�ETS INFORMATION I
-- -- --
---------
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TOTAL
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UAB!UTY AS E.NDORSL2 Oh NO: S CI CTYC�:_ I
LIRE;JT7 AS GUARANTY OR SLJP.� ECFQ CE9T3 I I I I
OF OTHERS
UABIUTY FOR JUDGMEI(TS CR SUDS PL^IDINC I TOTAL CONTINGLNT LIABILITIES-
. _ --�
-^_Y 'LE o'_PIC'O BEGIN-(+G
STATEv1ENT O;:* PgOFIT AND LOSS
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I OPERATING PROFIT ' «
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COST OF 00005 SOLD:
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TOTAL INVENTORIES AT BE-
INYEST7.IENTS
GINNING CF PER'OD_
AL5 Z P'Ll R'ChA.5 ES D U R: h G—�
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CASH DISCOUNTS RECEIVED I I ii
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I OTHER EXPENSES:
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CASH DISCOUNTS GIVE?L I L_ I
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BAD DEETTS I 1 I II
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OTHER I I I'
OTHER
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` TOTAL
NET PROFIT OR L055 TO I I I !
IOTA_
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Page 14.
FIP�ANCIAL STATENtENT CONT.
DUE 7.1 BANKS
rlY[ OF Wrt I
C�W'f A.l I W.2" CU[ I arti w^ --
DUE TO OTHERS (1tlmIte ever "e^t over SICC'
REAL ESTATE
TOTAL DUE TO BANKS :S
ALL OTHEA DEBTS NOT SHOWN ABOVE
TOTAL DCE TO 07"HERSS
"LAA I I r^v[T GAGS I runr am=
L C" T" Aim COC A r1TX^ I ►V VC)LA LC I COST , A n=ED r LLU[ ! I I It [ 1 KAPUIK I I HC[SDR V AA= I L.KM' LL Lw-o .l
1 Art 1:N" ww" Tr.I
IS
I I I I
THE LEGA.. A.ND EQUITAdL: TI7,U TO A;1. THE RJAL ESTATE LISTED ABOVE IS Sol F1 Y IN MY NAME. EXCEPT AS FOLLOWS
SECURITIES OWNED
[ACC YA-1 "ro"i 11KDrt r[t[rvtn
[fl'elrT.} 7 f*tKf.: NtfUtf nft d }iMTTT rAlltiT [ALL[ TV IN Him PL=4=
urt Tu[
1 I I I
LIFE INSURANCE
TOTAL U1� I TCt AA LL A1J I
E9.-fu" [hI 1rKutt i II:Ar L+.[E ACAtt:T [[TrO KI ANY ( TO ■MCr ►Duct 11 A1>O[•w=
OF YJ. ICY 1', LBL POLICY
1 S !S
I I I I
rr�rP INSURANCE
IN SUBMITTIvG THE FOREGOING STATEMENT THE UNDERSIGNED GUARANTEES ITS ACCURACY WITH THE INTENT THAT IT BE RELIED
UPON By THE AFORESAID CITY. AND WARRANTS THAT HAS NOT KNOWINGLY WITHHELD ANY INFORMATION THAT MIGHT AFFECT
THE DECISION OF THE CITY TO TRANSACT BUSINESS OR ENTER INTO CONTRACTURAL ARRANGEMENTS WITH THE UNDERSIGNED.
SICNLD AT
SIGNATURE_
-� , 4
TNIS_ DAY OF IS
A
Page 15.
Vill
MERAL CONDITIONS ,
VIII
GENERAL CONDITIONS
TABLE OF CONTENTS
Scope
Use of Right of Way
3,
Term
4.
Non Exclusive Contract
— 5.
Consideration `
_ 6.
Requirements of Contractor
7.
Claims against City (Indemnification)
8.
Insurance
9.
Performance Bond
10.
Ownership of Shelters and Benches
11.
Purchase by the City
12.
Cancellation by Agreement
13.
Non Assignable
— 14.
Permits
15.
Advertising
16.
Shelters and Benches without Advertising
17.
Maintenance and Repairs
18.
Payment of Utilities
19.
Audits and Accounting Records
20.
Conformity to Law
— 21.
Taxes
22.
Terms of Bus Shelters and/or Bus Benches Ordinance
23.
Contractual Agreements with other Cities
24.
Bus Bench Installation.
Page 16.
VIII
GENERAL CONDITIONS
The following conditions are representative of those
to be included in a contract to be negotiated with
the successful bidder.
1. SCOPE
Three (3) alternatives are available to companies wishing to submit a
proposal to provide Bus Shelters and/or Bus Benches within the City of
Miami. Alternative A deals with the provision of Bus Shelters. Alter-
native B deals with the provision of Bus Benches. Alternative C deals
with the provision of Bus Shelters and Benches. A company can submit
up to three (3) proposals if it wants to compete in each alternative.
However, no company can submit more than one proposal per alternative.
The City of Miami shall determine the locations at which Shelters and
Benches can contain Advertising. The provision of Shelters and/or
Benches shall include, but not be limited to, construction, lighting,
sidewalk, curb, pavement and maintenance at no cost to the City. Bus
Shelters and Benches that are provided without cost to the City shall
be comparable in size, shape, design, equipment and utilities, and
quality as those that contain advertising.
2. USE OF THE RIGHT OF WAY
The City will grant to the Contractor the right to construct, erect,
install, repair and maintain Bus Shelters or Bus Benches, as the case
may be, in the Public Right -of -Way throughout the City that are located
at authorized Metropolitan Transit Authority Bus Stops. The Contractor
shall be solely responsible for abiding to all City, County, State and
Page 17.
Federal regulations and for obtaining the necessary clearances and
permits required for the placement of Bus Shelters or Bus Benches at
such locations.
3. TERM
The Term for the Bus Shelters Contract shall be for three years renewable
for two additional five year terms upon the successful completion of each
previous term according to the Conditions of the Contract. The Term for
the Bus Benches Contract shall be for 3 years if awarded separately from
the Bus Shelter contract.
4. NON EXCLUSIVE CONTRACT
The City shall have the right to contract for Bus Shelters and/or Bus
` Benches with and without advertising in excess of the quantity provided
in this contract. In addition the City shall have the right to provide
or permit another governmental agency to provide additional Bus Shelters
and/or Bus Benches as it deems to be in the best interest of the City.
5. CONSIDERATION
The Contractor shall pay to the City the amount bid for Bus Shelters and
or Bus Benches on a monthly basis based upon the minimun annual guaran-
teed payment plus the percentage of the monthly gross receipts generated
from signs and other visual displays placed upon the Bus Shelters and/or Bus
Benches by the Contractor. The term "gross receipts" shall be construed
to include all monies paid or payable to and monies received by the Con-
tractor for Sales and Services provided. However, the term gross receipts
shall Not exclude:
a) Up to 15"" of the customer billing for advertising agency commissions
actually paid.
b) Discounts for quantity purchases where they are actually allowed.
Page 18.
c) Taxes directly paid by the Contractor which are separately stated
and required by law.
The Contractor shall maintain an advertising rate which is not below what
is considered at the time to be a standard rate within the advertising
industry for the space available except with the written approval of
the City Manager. 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 Contractor and the City.
6. REQUIREMENTS OF CONTRACTOR
The Contractor shall complete the following requirements at its sole expense
in providing Bus Shelters and/or Bus Benches within the City of Miami.
a) Make 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 -I -lay.
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-!A, C-2A, C-4, C-4A, C-5, 1-1, I-2,IN-1 and along
4 lane arterials abutting property zoned residential except for R-1, R-IA,
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 and/or Bus Shelters 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 advertis-
ing be allowed on MTA Bus Stops where there is a reasonable objection
from an abutting property owner, that is acceptable by the City Manager.
Page 19.
c) Prepare a design sketch showing existing topography and proposed
location of each Bus Shelter- or Bus Bench at MTA Bus Stops where
such facilities are to be installed.
d) Request a permit approval from the City Manager or his designee
for each proposed location.
e) Provide the City with plans and specifications for each proposed
Bus Shelter location.
f) Construct, erect, install or otherwise provide for a Bus Shelter
of a design approved by the City at each authorized location
within the City of Miami containing at least the following features
and provided at no cost to the City:
1) Adequate Lighting during periods of darkness
2) Provisions for seating in Shelters where space is available
3) Telephones in Shelters where Public Telephone Service can be
made available.
4) I -lap, literature holders and adequate trash recepticals
5) Clear vision with minlmun obstruction on 3 sides of the Shelter '
with at least a 20 opening on the fourth side
6) And such other features as may be required by Law or agreed upon
by the Contractor and the City.
g) To restore all public property to City specifications and repair any
damage to facilities serving private property in conjunction to installing
_ Bus Shelters.
h) Provide adequate maintenance and repair of all Bus Shelters and/or
Bus Benches throughout the term of the Contract.
i) To rl:,intain the maximun amount of paid advertising on each Bus Shelter
and/or Bus Bench where permitted by Law or otherwise provided for
in the Contract.
Page 20.
t
• 7. 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 rea-
son of or as a result of the Company's installation, maintenance or opera-
tion of the Bus Shelters and/or Bus Benches, and from and against any or-
ders, judgements 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 any such claim and the investigation thereof.
8. INSURANCE
The Company shall indemnify and hold the City harmless from any and all
claims, liability, losses, and causes of action which may arise out of the
Company operation of this Agreement and shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits
in the name of the City when applicable, and shall pay all costs and judge-
ments which may issue thereon. The Company shall maintain during the term
of this Agreement the following insurance and conditions:
a) Public Liability Insular}ce 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 no-
tice of cancellation of said policies or any material modifications
thereof.
Page 21. 0 F4 r) : '
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 classifications as
listed in standard liability insurance manuals, which most nearly re-
flect the operations of the placement of Bus Shelters and/or Bus Ben-
ches 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 rated
at least "A" as to management and Class "X" as to financial strength,
all in accordance to 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 certificates shall clearly
indicate that the Company has obtained insurance in the type, amount
and classifications as required for strict compliance with this cove-
nant.
9. PERFORMANCE BO''D
ThP successful, bidder for the Contract to supply Bus Shelters shall furnish
to the City a Surety Bond in the amount of $250,000 or put L;o a deposit with
the City in an amount equal to one years projected revenue to the City re-
sulting from the total bid as calculated by the bidder and agreed to by the
City Manager.
In the event the bid for Bus Benches is awarded separate from the Bus Shelter
Contract the successful bidder shall furnish the City with a Surety Bond in
the amount of $25,000 or put up a deposit with the City in an amount equal to
one years total bid as projected by the bidder and agreed to by the City Manager
Page 22.
10. OWNERSHIP OF SHELTERS AND BENCHES
The Contractor shall retain sole ownership and responsibility for the Bus
Shelters and/or Bus Benches pursuant to this agreement for the purpose of
insurance, liability, repair and maintenance. Shelters may be removed only
by agreement between the Contractor and the City. For the purpose of valua-
tion the Bus Shelters and/or 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 Shelters and/or Bus Benches at the depreciated value or require their
removal at the end of the Contract period or upon termination of the Contract.
11. PURCHASE BY THE CITY
In the event the Contract is terminated for any reason the City shall have
the right to purchase the Shelters at the Depreciated Value described in
• Section 10 of these specifications. In addition the City shall have the
right to purchase, install and maintain such other Bus Shelters and/or
Bus Benches as the City may determine to be in its own best interests.
12. CANCELLATION+ BY tiGREEIIENT
The City shall have the right to canceii and terminate the Contract for
reasons that include:
1. Insolvancy of the Contractor
2. Inability of Contractor to pay its debts
3. Bankruptcy of the Contractor
13. NON ASSIGNABLE
This agreement shall not be assignable by the Contractor without the express
written approval of the City of Miami.
Page 23.
14. PERMITS
■
The Contractor shall be responsible for obtaining any and all permits that
may be necessary to place Bus Shelters and/or Bus Benches in the public
Right -of -Way regardless of the level of government from which they must be
obtained Bus Shelters and/or Bus Benches shall be constructed to meet all
applicable City, County and State regulations and Building Codes.
15. ADVERTISING
Advertising space shall be limited to one illuminated double faced panel at one
end of the Shelter or two panels located at the rear of the Shelter in a
V-shaped configuration that extends no further than 2.5 feet from the back
of the sidewall',where space is avai1able.and no closer than 2.0 feet from
the top of the sidewalk.
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 appro-
priate panels by the company at no cost to the City.
16. BUS SHELTERS ANW OR BUS BENCHES WITHOUT ADVERTISING
_ The Contractor shall provide 50 Bus Shelters with a design that is accep-
table to the City to be constructed, installed, illuminated, insured and
maintained at locations to be determined by the City t•?anager,withou t ad-
vertising -nd at no cost to the City. The cost of such shelters will be
amortized over the total period of the Contract so that at the end of nine
years the City may accept ownership of the Shelters without cost to the
City or require that the Contractor remove those Shelters that the City
does not accept at no cost to the City.
The Contractor shall provide sufficient Bus Benches to permit the place-
ment of at least one Bench per authorized bus stop,as determined by the
City Manager,in areas where advertising is not permitted at no cost to
Page 24.
• the City. Such Benches will be constructed, installed, moved, removed,
insured and maintained at the sole expense of the Contractor and remain
the property of the Contractor. The City shall have the right to purchase
said Bus Benches at the end of the three year term for the cost of providing
said Benches.
17. INSTALLATION, MAINTENANCE AND REPAIRS
The Contractor shall be solely responsible for the proper installation, main-
tenance and repairs of all Bus Shelters and/or Bus Benches as the case may
be. They shall be kept in a clean and presentable condition for use by the
general public.
18. PAYMENT OF UTILITIES
The Contractor shall be responsible for all utility connections as well as
the payment of any deposits ar,d/or monthly utility bills. The City will make
available utility records that may be helpful in providing the closest availa-
ble connection to the Bus Shelter location.
19. AUDITS AND ACCOUNT Mr; RECORDS
The Contractor shall provide to the City a record of all revenues and expenses
regarding Bus Shelters and/or 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 Contractor
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.
20. CONFOR1,1ITY TO LAI,J
The Contractor agrees to comply with all laws, ordinances, regulations and orders
of Federal, State, County and 'lunicipal authorities pertaining to the installa-
tion and maintenance of Bus Shelters and/or Bus Benches.
Page 25.
21. TAXES
The Contractor shall pay any personal property taxes or other taxes that may
be required as a result of fullfilling the terms of this contract.
22. TERMS OF BUS SHELTERS AND/OR BUS BENCHES ORDINANCE
The Terms listed in City of Miami Ordinance "9190 and shown as exhibit "B"
shall be incorporated in the contract whenever such terms are appropriate.
23. CONTRACTURAL AGREEMENTS WITH OTHER CITIES
If the Contractor has entered into or ever does enter into an agreement with
a city, county, or th`irgovernmental agency for the provision of bus shelters
and/or, bus benches,and the City of Miami considers the terms and conditions
of said agreement to be more favorable to the other governmental agency
than is the Contractor's agreement with the City of Miami, the City of Miami
can require the Contractor to renegotiate the agreement with the City to
include said favorable terms and conditions.
24. BUS BENCH INSTALLATION
Whenever it is necessary to place a Bus Bench on the ground, the Company
shall provide a concrete slab or asphalt surface 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.
Page 26.
Ix
EXHIBITS
.(380, = i
G
SM "
EXHIBIT A.
LISTING OF GEOGRAPHICAL DISTRICTS
1. District 1: All of the city north of N.E. and N.W. 36th Street including
N.E. and N.W. 36th Street.
2. District 2: All of the city east of N.W. 27th Avenue, south of N.E. and
N.W. 36th Street and north of Flagler Street including N.W. 27th Avenue
and Flagler Street.
3. District 3: All of the city west of N.W. and S. W. 27th Avenue south of
N.W. 36th Street and north of S.W. 8th Street including S.W. 8th Street
but excluding N.W. and S.W. 27th Avenue.
W
4. District 4: All of the city south of Flagler Street between the Bay
and S.W. 27th Avenue and south of S.W. 8th Street west of S.W. 27th
Avenue, including that portion of S.W. 27th Avenue between Flagler
Street and S.W. 8th Street but excluding Flagler Street and further
excluding that portion of S.W. 8th Street west of S.W. 27th Avenue.
EXHIBIT B.
ORDINANCE NO. 4 ' n r1
AN ORDINANCE. AMENDING SECTIONS 54-57, 54-58
AND 54-60 OF ARTICLE 1I1, "BUS BENCHES" OF
CHAPTER 54, "STREETS AND SIDEWALKS" OF THE
CODE OF THE CITY OF MIAMI, FLO71DA (1980),
AS AMENDED, BY PROVIDING FOR THE ELIMINATION
OF ALL DESIGNATED GEOGRAPHICAL DISTRICTS IN
CONSIDERING THE LOCATION FOR PLACEMENT OF
BENCHES AND/OR SHELTER STRUCTURES AT BUS
STOPS WITHIN THE CITY; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE
BE IT ORDAINED BY THE COMMISSION OF THE -CITY OF MIAMI, -
FLORIDA:
Section 1. Sections 54-57, 54-57 and 54-60 of Article
III entitled "Bus Benches" of the Code of the City of Miami,
Florida (1980), as amended, are hereby amended in the follow-
ing particulars:
[ CHAPTER 31 j
[ STREETS AND SIDEWALKS
[ ARTICLE III. BUS BENCHES
Above bracketed portion merely indicates
proper location of amended material.
�See. 5.1-57. Districts established.
—1-i k --.Y t-V- � M:�!-!•.- ca ri H i<-y � f1 !-.-� H r-(r H e'r',t rr.Rtir{yiC +". tt.t{t,R-� ,Y.YT+'tsN, t`. `^.^t•:R Z:r-_-•�rz.c tS 3TL
-in-neee-e�-HenPhNa Bunches and/or shelter structures
located at hu, 5�tup. to c.,n%'enicnce
and to accun,modatr the mernbcrs of the
public uErng t:a_>cs for t:an,portatiun, wrti- shall
di.wk4_.t.« he tha subject of propc,,als from
contrnerciai ad%cru<ing f;:rr. Ai:!;n,; to pay
the city for the nk•ht to in-tal! and Maintain
bus benches an?,or 1,ushelter structures in
the public right -of -Ha} in the city, upon
%ehich benches ond,'or shelter structure
advertising rnessa;:es can be placed, subject
to applicable rules, r(';ZL;!atj,,nc, ordinances
and statutes g,,verning the location, installa-
tion and maintenance of said benches and/or
shelter structures.
-fH-f?ist+ic^:�-!,�:-Yri-thr-c�'--•t^n�4�•f'-tid�
or+.ltti,LSD:',4;t-!r?,Hertri+ki.y.!ar:-� ,�a•�ls.a+�.i-
st F f)r.rt r rY t Y - rI F nf� r.e t it r e pit <.f ?w V�- 2:Nr
rr.•rcm.n;-�,�Nr-of-��7.-e�cr �iaF-eF,th
------------------------------------------------------------
1/ Words and/or figures stricken through shall be deleted. Underscored
%%ords and/or figures constitute the amendment proposed. Remaining
provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
$tseet A n d ru.rtl �-of-F-1 a R� G c S CrC u_ W C lud .
iag-tNAV,2:0-�Av ruw wd-1:Ja4locStrz-
—( �.�tlGiraGlJ:.Aticfand
'3:t�`._>^,Lh-tcetTtte-stnr2h�ri-i'`-�i'-nth
- 3trcet - ar+d•-rxxth• -ef- $-41'- -Atl<r S•t rret
i nrl n d irr„ -S. �w.-&t#;-SKeet- § irt- a vc�icsdi Rg
NAV-aru".-W--22 1L Avs-0ue- --
-(.t}ll+striut�7:l�.11_of_Lhc•r�.:• s.�uthnC-EldKlrt_
Stzeri-6elucr�•�S6eJL•u•_acri �11:2"lh
/h2nne a n d s rnTthZrf Ott= `? N r S treet�vest -
Of - mg-W- -2'i4 h - AVP R W_ ; - J4W4; "R g- -that -
portien-.4Yc�nue-betweew-
Fia;;-
exe kxitrtfi- -F1-t gle F - F, bra et- -arid- -fax thes
-eatkrdttM-fi�t �>«+HK�ref-4.1V.1:tkt-street
west of rs-W7 -2 ;: tsr A Ye-rm)." .
Sec. 54-58. IMinimum bid.
The minimum bid shall not be less. than
twelve dollars (,� 12.00) per bus bench contain-
ing advertising irr a ��Af tk��ewr-Ha�+s:Net�
"de..+efi4)t-44ft coon-:ri ;.: «,t t-his,eha-ptep,.
The bid shali be for -all existing and/or pro-
spective bug benches of which no more than
eighty (80) percent shall
contain commercial advertisin:;. One-half (' -)
of the said benches withuut commercial
advertising may be used fur public ser%�ce
information pertaining to nonprofit objec-
tives. The decision as to the des/-natiun of a
public service bus bench, in the event of a
disagreement, shall rest solely in the discre-
tion of the city manager, whose decision shall
be final.
•
Sec. 54.60. Agreement required.
The agreement between the city and any
commercial advertising firm shall incorporate
the specifications used as the basis for
soliciting bids from conmercial advertising
firms. Said agreement shall include the
following provisions, using either "bus ben-
ches" and/or "bus shelters" ns applicable:
"NOW, THEREFORE. IN CONSIDER-
ATION OF THE PROMISES AND OF THE
TIUTUALCOVENANI'S AND UNDERTAK.
INGS HEPZZINAFTIER CONTAINED BY
THE: PARTIES HERETO, TO BE OB.
SERVED AND PERFOR\1 F.D, AN D OTHER
GOOD AND VALUABLE CONSIDER-
ATIO\,THE PARTIES HL•'RE'10 DO BIND
THEMSELVES HEREBY AND AGREE AS
FOLLOWS. TO WIT:
—2-
11
9190
"Section 1. The CITI' OF 1\11ARI1, herein'
referred to as the'CITY' grants to
hertinnfter referred to as the'CONIPA1l" the
ti-ght to install bus benches nndior bus
shelters approved by the CITN' ire-t=i7P}_
de+f�n rt�cidis!ri -� at t;us stops identified by
the CiT1' as requiring bus benches and/or
bus shelters for the convenience of the
traveling public, suniect to the provisions
herenf, and further subject to the provisions
of all sections of Article 111. 'Bus Benches', of
Chapter 54, 'Street: and 11deA j1ks', of the
Code of the City of Miami, Florida, as well as
the provisions of all applicable state statutes.
Thiscontractshall commenceon and
expire on _.
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this ordinance are hereby repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid,
the remaining provisions ofthis ordinance shall not be affected.
PASSED ON FIRST READHING ONLY this 9th day of October
1980.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 30th
day of Qrtohnr 1980.
Maurice A. Ferre
M A Y 0 R
ATTZ.&T-; -
Vim.'-
RAL G OI:GIE G/
CITILERK
PREP QED At:D APPROVED BY:
ROBERT I. CLAEK.
ASSISTANT CITY ATTORNEY
APP ED AS TO AND CORRECTNESS:
GEOR' ' F. Kt:OX, JR.
CITY TTORNEY
—3- b 919 Q
EXHIBIT C.
36" x 46" BLUE LINE MAP
AVAILABLE ON REQUEST