HomeMy WebLinkAboutAmendment 3•
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May 05 03 10:53a
5armienta Advertising
AMENDMENT # 3
3053778756 p.3
TO THE AGREEMENT
BETWEEN
THE CITY OF MIAMI
SARMIENTO ADVERTISING GROUP, L.L.C.,
Fag
BUS BENCH DESIGN. 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 terms 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 arnend 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. Recitals. The Recitals and all statements contained therein are true and correct
and are hereby incorporated into this Amendment.
2. Percentage 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 iAjjarnum_'avmani cr Advertisine Bus Bench. Exhibit "B"
to the Agreement is deleted in its n it y, a yearly guaranteed minimum payment per
Advertising Bus Bench shall be as set forth to Exhibit "A" attached to this Amendment.
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4. Increase in Numbers. Paragraph 23 of Article II of the Agreement is deleted in
its entirety and the following substituted in its place:
2.3 Increase jn Numbers. 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 minimum payment per Advenising Bus
Bench and City Panels.
5. N1jnimum number of Advertising Bus Benches. Paragraph 1.1 of Article I, of
Exhibit "A" to the Agreetent is deleted in its entirety and the following substituted in its place: .
I.1 CONTRACTOR shall install and maintain at no cast 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
Advenising Bus Benches.
6. Rate of installation of Non -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:
1.3 Contractor represents that as of March 31, 2003 it has
ti1 ` installed 177 Non -Advertising Bus Benches. 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
8. Waiver of All Prior Claims. 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, indemnification, CONTRACTOR agrees to indemnify, defend, and save the
CITY. its officials and employees. harmless -from and against any and all claims which may arise
has
installed 123 Advertising Bus Benches. Contractor shall bring a hettotal
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 to 450 by June 30, 2004. Totals may
be reached by converting an installed Non -Advertising Bus Bench to an
Advertising Bus Bench where such conversion is approved by the City.
m c:tiui BenrA Amend V3
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out of the CITY entering into this Amendment. The provisions of this section shall survive the
cancellation or expiration of this Agreement.
10. prior Agreements. 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.
11. Except as specifically provided herein, all other terns and conditions of the
Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties
Agreement Between The City Of Miami And
Bench Design, Installation And Maintenance on
Witness:
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By: _)fktE4
Print Name g Title
ATTEST:
By:
Priscilla A. Thompson
City Clerk
hereto have executed this Amendment #3 to the
Sarmienta Advertising Group, L.L.C. For Bus
the day and year first above written.
SARMIENTO ADVERTISING GROUP,
L.L.C.. a Florida limited liability company
"CONTRACttt".
'II:
_ �i j
i 1
By:
rcos Guillermo Victoria
Corporate Executive Vice -President,
Publicidad Sanniento 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"
Bv:
loe Arriola
City Manager
mjc:Bus Bench Amend k3
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APPROVED AS TO FORM APPROVED AS TO INSURANCE
AND CORRECTNESS REQUIREMENTS
By: By:
Alejandro Vilarella Diane Ericson. Administrator
City Attorney Risk Management
mir:flis BenCh Amend f3
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Sarmiento Rdvertising
3053778756
AGREEMENT BETWEEN THE CITY OF MIAMI
AND SARMIENTO ADVERTISING GROUP, L.L.C. •
FOR BUS BENCH DESIGN, INSTALLATION AND MAINTENANCE
EXHIBIT "A"
L�Y�EARLY QTEEQ MINIMU
PAYMENT PER•ADVERTISING B I : CH
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
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5
6
7
•8
9
10
11
12 .
13
14
15
Payment Per_Bus Bench
3 400.00
$ 400.00
$ 400.00
$ 400.00
$ 400.00
$ 800.00
$ 800.00
$ 800.00
$ 800.00
$ 800.00
S 900.00
$ 900.00
S 900.00
5 900.00
$ 900.00
1.2 Should CONTRACTOR seek to install more than 450 Advertising Bus Benches,
CITY shall be entitled to require a higher yearly guaranteed 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. _ .
mjc.Bus Bench Amend
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