HomeMy WebLinkAboutAmendment 3Mats 05 03 10:53e
Sarmi.nta Advertising
AMENDMENT # 3
305377E055 P • 3
TO In AGR4EMENT
PgrTWEEN
'!' FIE CITY QF MIAMM
>
OR
SARN TcFrO ADVERTISING GROUP L.L.C.
BUS BENCH DESIQN, INSTALLATION AND MAINTENANCE
This Amendment is entered into this day of , 2003, by and between THE
CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as
"CITY" and SARMIENTO ADVERTISING GROUP, L.L.C., a Florida limited liability
company, hereinafter referred to as "CONTRACTOR" for the purpose of modifying that certain
agreement between the CITY and CONTRACTOR for bus bench design, installation and
maintenance (the "Agreement") as follows:
WHEREAS, the CITY and CONTRACTOR entered into the Agreement for bus bench
design, installation and maintenance; and
WHEREAS, the CITY and CONTRACTOR, in Amendment #1 to the Agreement,
acknowledged that the teams of the Agreement might need to be renegotiated after CITY
approval of the Bus Bench designs and locations; and '
WHEREAS, the CITY and CONTRACTOR have renegotiated the terms of the
Agreement; and
WHEREAS, the CITY and CONTRACTOR desire to amend the Agreement to reflect the
renegotiated terms.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained herein, the parties hereto do hereby covenant and agree as follows:
1. ecjtMS, The Recitals and all statements contained therein are true and correct
and are hereby incorporated into this Amendment.
2 percer tape Revenue, Notwithstanding anything to the contrary contained in the
Agreement. the CITY shall not be entitled to receive a Percentage Revenue Payment.
3. Yearly Guaranteed !Minimum Pommel •cr Adve isinrt Ut'Laencl1. Exhibit "B"
s n tr
to the Agreement is deleted in ttij'�""T yearly guaranteed minimum payment per
Advertising Bus Bench shall be as set forth in Exhibit "A" attached to this Amendment.
03-- 354
Mau 05 03 10:53a
Sarmiento fldvartisinC 3053770756
P. 4
4. Increase in Numpees. Paragraph 2.3 of. Article II of the Agreement is deleted in
its entirety and the following substituted in its place:
2.3 Increase in Nutn¢. CITY and CONTRACTOR may
mutually agree, without the necessity of additional CITY COMMISSION
approval, to increase the number of Bus Benches and City. Panels
contemplated by this Agreement. In such event, the CITY may require an
increase in the yearly guaranteed 1ninirntun payment per Advertising Bus
Bench and City Panels.
5. Jvljnimum number of gdvertisine Bus Bencbea. Paragraph 1.1 of Article I, of
Exhibit "A" to the Agreement is deleted in its entirety and the following substituted in its place:
1.1 CONTRACTOR shall install and maintain at no cost to the
CITY 1500 Bus Benches at designated locations throughout the CITY. Of
the 1500 total, a minimum of 450, but no more than 900 shall be
Advertising Bus Benches.
6. Rate of Instailatiop of Novi -Advertising Bus Benches, Paragraph 1.5 of
Article 1. of Exhibit "A" to the Agreement is deleted in its entirety and the following substituted
in its place:
1.5 Contractor represents that as of March 31, 2003 it has
installed 177 Non -Advertising Bus Beaches. Contractor shall install Non -
Advertising Bus benches at a rate such that the total number of Bus
Benches installed is 1500 by December 31, 2003.
7. Paragraph 1.6 of Article 1. of Exhibit "A" to the Agreement is deleted in its
entirety and the following substituted in its place:
1.6 Contractor represents that as of March 31, 2003 it has
installed 123 Advertising Bus Benches. Contractor shall bring the total
Advertising Bus Benches installed to at least 200 by June 30. 2003; to at
least 275 by September 31. 2003; to at least 350 by December 31. 2003; to
at least 425 by March 31. 2004: and tnla by June 30, 2004. Totals may
be reached by convening an installed Non -Advertising Bus Bench to an
Advertising Bus Bench where such conversion is approved by the City.
8. Waiver of AIL Prior Clans. CONTRACTOR hereby waives all claims and
causes of action of any nature whatsoever it may have against the CITY arising out of, or related
in any way, to the subject matter of this Agreement accruing prior to the date of this
Amendment.
9. Ingernnification, CONTRACTOR agrees to indemnify, defend, and save the
CITY. its officials and employees. harmless from and against any and all claims which may arise
r ic:tiw ainci Amend N3
Page 2 of
03- 354
May 05 03 10:53a
Sarmiento Advertising
3053778756
13.5
out of the CITY entering into this Amendment. The provisions of this section shall survive the
cancellation or expiration of this Agreement.
10. Prior Asreemeais. This Amendment incorporates and includes all prior
negotiations, correspondence, conversations, agreements. and understandings applicable to the
matters contained herein and the parties agree that there are no commitments. agreements or
understandings concerning the subject matter of this Amendment that are not contained in this
document. Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
1. Except as, specifically provided herein, all other terms and conditions of the
Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment #3 to the
Agreement Between The City Of Miami And Sarmiento Advertising Group, L.L.C. For Bus
Bench Design, Installation And Maintenance on the day and year fast above written.
SARMIENTO ADVERTISING GROUP,
L.L.C.. a Florida limited liability company
Witness; "CONTRACT R"
By:
� f
Print Name 8 Title
ATTEST:
By;
Priscilla A. Thompson
City Clerk
mic;9ui bench Amend .3
By:
rcos Guillermo Victoria
Corporate Executive Vice -President,
Publicidad Sarmicnto of South Florida,
Inc.. Managing Partner. Sarmiento
Advertising Group. L.L.C.
THE CITY OF MIAMI. a municipal
•corporation of the of the State of Florida
"CITY"
By;
Page 3 of 5
Joe Arriola
City Manager
03- 354
Kay 05 03 10:63a
Sarmiento Advertising 3053778756 p.6
APPROVED AS TO FORM APPROVED AS TO INSURANCE
AND CORRECTNESS REQUIREMENTS
By: By:
Alejandro Vilarello Diane Ericson. Adminisuaror
City Attorney Risk Management
MK:RIO ranch Anima 17
Page 4of5 •
03- 3'54
May 0S 03 10355a
Sarmiento Advertising
305377875E
AGREEMENT BETWEEN THECITY OF MIAMI
AND SA.RMIENTO ADVERTISING GROUP, L.L.C. •
FOR BUS BENCH DESIGN, INSTALLATION AND MAINTENANCE
PA
EXHIBIT "A"
YEARLY .ED MINIMU
NT PEA ADVEj q3 INO a C11
1.1 For the first 450 Advertising Bus Benches installed, the CONTRACTOR shall
pay to the CITY the following minimum guaranteed payment per Advertising Bus Bench.
Year Payment Pet Bus Bench
1 S 400.00
2 S 400.00
3 S 400.00
4 $ 400.00
5
$ 400.00
6 S 800.00
7
$ 800.00
8 $ 800.00
9
S 800.00
10 $ 800.00
11 S 900.00
12 S 900.00
13 S 900.00
4 5 900.00
15 S 900.00
1.2 Should CONTRACTOR seek to install more than 450 Advertising Bus Benches.
CITY shall be entitled to require a higher yearly guarani minimum payment per Advertising
Bus Bench for benches above 450. The City Manager is authorized to negotiate the new yearly
guaranteed minimum payment per Advertising Bus Bench for benches above 450, provided that
the rate may not be lower than the rate for the first 450 Advertising Bus Benches and may not
vary the other terms of this Agreement. .
rain Bw Beneh Arnoldt3
Page 5 of 5
03- 354
4/03/03
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 3 TO AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH
SARMIENTO ADVERTISING GROUP, L.L.C. TO
(1) LOWER THE NUMBER OF. ADVERTISING BENCHES
FOR WHICH THE CITY OF MIAMI WILL RECEIVE.
PAYMENT FROM 900 TO 450, (2) REDUCE THE
MINIMUM GUARANTEED PAYMENT PER BENCH,
)
ELIMINATE THE. REQUIREMENT THAT SARMIENTO PAY
A PERCENTAGE OF GROSS REVENUES TO THE CITY,
AND (4) ALTER THE RATE AT WHICH BUS BENCHES
MUST BE INSTALLED.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is authoriZedl' to execute
Amendment No. 3 to an Agreement, in a form acceptable to the City
Attorney, with Sarmientc Advertising Group, L.L.C. to (1) lower
the number of advertising benches for which the City of Miami
will receive payment from 900 to 450, (2) reduce the minimum
guaranteed payment per bench, (3) eliminate the requirement that
Sarmientc pay a percentage of gross revenues to the City, and (4)
alter the rate at which bus benches must be installed.
11
The herein authorization is further subject tCompliance
m li nce with
all requirements that may be imposed by the y At1 cable neyy
including but not limited to those prescribed by app
Charter and Code provisions.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature Of the Mayor'.21
PASSED AND ADOPTED this day of , 2003.
MANUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
`/ If the Mayor does not sign this Resolution, it shall became
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor upones this overrideofsolution, it
the veto by
shall became effective immediately
the City Commission.
Page 2 of 2