HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-0671
Temp. Reso. #10680
March 22, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005-��
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO AWARD RFP 05-01 R, "BUS SHELTER
CONSTRUCTION, INSTALLATION AND MAINTENANCE, AND
TO EXECUTE AN AGREEMENT WITH CULVER OUT OF HOME
MEDIA, LLC, FOR A TEN (10) YEAR TERM BEGINNING MAY 1,
2005 THROUGH APRIL 30, 2015; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABLIITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac authorized the
termination, for default, of the most recent bus shelter Agreement with Shelter
Ads Management Inc., by Resolution R2004-184 dated August 25, 2005, as
evidenced by Exhibit 1 "; and
WHEREAS, in response to this termination, the City was required to
initiate a new solicitation for competitive proposals from qualified bus shelter
firms by issuing Request for Proposals (RFP) 05-01 R, "Bus Shelter Construction,
Installation and Maintenance"; and
WHEREAS, the City of Tamarac publicly advertised RFP 05-01 R on
November 7 and November 14, 2004, a copy of said RFP is attached hereto as
Exhibit "2"; and;
WHEREAS, two proposals were received and opened on January 20,
2005, from the following companies:
and
Temp. Reso. #10680
March 22, 2005
Page 2
1. Culver Out of Home Media, LLC (a/k/a Culver Amherst)
2. Clear Channel Communication;
WHEREAS, upon review and consideration by an Evaluation Committee
consisting of the Assistant City Manager, the Director of Community
Development, the Building Official, and the Controller, and subsequent oral
presentations by both firms, it was determined that Culver Out of Home Media
LLC has provided the proposal response which best meets the requirements of
the City, a copy of said Committee ranking, and vendor's RFP submittal are
attached hereto as Exhibit "S' and Exhibit 'A" respectively; and
WHEREAS, it is the recommendation of the Evaluation and Selection
Committee and the Purchasing and Contracts Manager that RFP 05-01 R, "Bus
Shelter Construction, Installation and Maintenance", be awarded to and an
agreement executed with, Culver Out of Home Media LLC for a ten (10) year
term beginning May 1, 2005 through April 30, 2015, with one additional five (5)
year renewal option, based on the following revenue schedule:
Year 1
Year 2
Year 3
Year 4
Years 5-10
and
$20 per month per shelter
$25 per month per shelter
$30 per month per shelter
$35 per month per shelter
$40 per month per shelter;
WHEREAS, based on the construction of 27 bus shelters and the above -
referenced schedule of franchise fees, it is anticipated that the City will realize
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Temp. Reso. #10680
March 22, 2005
Page 3
minimum revenues of approximately $113,400 over the ten year term of the
Agreement; and
WHEREAS, beginning in Year 3 of the Agreement, the City will receive
revenue equal to the established rates as shown above, or a figure equal to ten
percent (10%) of net advertising revenues, whichever is greater; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
award RFP 05-01 R, "Bus Shelter Construction, Installation and Maintenance,
and to execute an Agreement with Culver Out of Home Media, LLC, a copy of
said Agreement is attached hereto as.Exhibit "5".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific
part of this Resolution.
SECTION 2: That the award of RFP 05-01 R, Bus Shelter
Construction, Installation and Maintenance", and the execution of the Agreement
with Culver Out of Home Media, LLC for a ten (10) year term beginning May 1,
2005 through April 30, 2015 is hereby approved.
SECTION 3: All Resolutions or parts of Resolutions in conflict
Iherewith are hereby repealed to the extent of such conflict.
Temp. Reso. #10680
March 22, 2005
Page 1
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 13 th day of April, 2005.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form
MITCHELL S,4<RAF
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER �4
DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANO
DIST 4: COMM. ROBERTS
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EXHIBIT I
Temp. Reso #10510 To Rs 10680
Revision 1 — Auyu.,t o, f-vv,
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- 194
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO TERMINATE THE EXISTING
AGREEMENT BETWEEN THE CITY OF TAMARAC AND
SHELTER ADS MANAGEMENT INC., FOR THE DESIGN,
CONSTRUCTION, INSTALLATION AND MAINTENANCE OF
BUS SHELTERS; DUE TO NON-PERFORMANCE BY
SHELTER ADS MANAGEMENT INC. PROVIDING FOR
CONFLICTS: PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 25,2003, the City of Tamarac entered into an Agreement with
Street Furniture Advertising Group, Inc. for the design, construction, instillation and
C
ni entenance of bus shelters, as authorized by Resolution R2003-141, attached hereto as
Exhibit 1; and
WHEREAS, the City Commission, at the request of Street Furniture Advertising
Group, Inc., approved, and executed the Assignment, Delegation and Release
Agreement for the design, construction, installation and maintenance of bus shelters,
including all rights, duties and obligations under the Agreement, to Shelter Ads
Management, Inc., by Resolution R2004-24 on February 11, 2004, attached hereto as
Exhibit 2; and
WHEREAS, the City Commission, at the request of Shelter Ads Management,
Inc., approved and executed Amendment #1 to the Agreement between the City of
ITamarac and Shelter Ads Management, Inc, for the design, construction, installation
Temp. Reso #10510 July 29, 2004
Revision 1 — August 3, 2004
Page 3
WHEREAS, during the thirty (30) day cure period, Shelter Ads Management, Inc.
failed to cure their performance deficiencies under the Agreement; and
WHEREAS, the City provided proper written notice to ShelterAds Management, Inc.
on July 20, 2004, informing the firm that the City of Tamarac will begin formal default
proceedings, attached hereto as Exhibit 6, and
WHEREAS, the Director of Building & Code Compliance and the Purchasing &
Contracts Manager recommend that the Agreement with Shelter Ads Management, Inc. be
terminated due to default by Shelter Ads Management, Inc., as a result of their failure to
perform; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to terminate the
Agreement between the City of Tamarac and Shelter Ads Management, Inc., for the
design, construction, installation and maintenance of bus shelters due to non-performance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof.
SECTION 2: The appropriate City officials are hereby authorized to
terminate the Agreement between the City of Tamarac and Shelter Ads Management,
Inc for the design, construction, installation and maintenance of bus shelters due to
Inon-performance by Shelter Ads Management, Inc.
.:x 118 ""1"" 1 10510
Temp. Reso, #10165 —June 11, 2003
1 page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003-141
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AWARDING RFP NO. 03-10R TO
AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE AN AGREEMENT WITH STREET FURNITURE
ADVERTISING GROUP, INC. TO FURNISH BUS SHELTERS
FOR THE CITY OF TAMARAC FOR A TEN YEAR PERIOD
BEGINNING JULY 3,2003 THROUGH JULY 2,2013 WITH AN
OPTION TO RENEW FOR AN ADDITIONAL FIVE YEAR
PERIOD; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the current agreement for bus shelters expires on July 2, 2003; and
WHEREAS, a competitive process was undertaken to solicit proposals from
qualified companies to provide bus -shelters for the citizens and residents of the City of
Tamarac, and
WHEREAS, the City of Tamarac published RFP # 03-1 OR on February 28, 2003,
attached hereto as Exhibit "'I" of Attachment "11" to provide for Bus Bench and Shelter
Design, Construction, Installation and Maintenance; and
WHEREAS, the City reserved the right to award separate agreements for the
provision of bus benches and bus shelters; and
WHEREAS, no companies proposed to provide both bus benches and bus shelters;
and
IWHEREAS, only one proposal was submitted to provide for bus shelters; and
Tern p. Reso, # 10 165 —1 une 11, 2003
Page 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1, That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTIONI; That the appropriate City Officials are hereby authorized to award the
Request for Proposal (RFP # 03-1 OR), hereto attached as Exhibit "I" of Attachment "I",
and execute the agreement between the City of Tamarac and Street Furniture Advertising
Group, Inc., hereto attached as Attachment 1", for providing bus shelters in the City of
Tamarac for a tan year period beginning July 3, 2003 through July 2, 2013, with and option
to renew for an additional five year period,
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution,
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TR 10165
Attachmen't I
Division
City of Tarno-rac Punchasing and Contract,
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
STREET FURNITURE ADVERTISING GROUP, INC.
THIS AGREEMENT is made and entered into this o25_ day of JQAe, 20 03
by and between the City of Tamarac, a municipal corporation with principal offices located
at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Street Furniture Advertising
Group, Inc., a Florida corporation with principal offices located at 4040 N. 29thAvenue,
Hollywood (the "CONTRACTOR") to provide for Bus Shelter Design, Construction,
Installation and Maintenance, pursuant to RFP No.. 03-1 OR.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and CONTRACTOR agree as follows:,
THE CONTRACT DOCUMENTS
The contract documents consist of this Agreement, conditions of the RFP No. 03-
1 OR set forth in Exhibit 1 , attached hereto and incorporated herein as if set forth in
full,(General, Supplementary and other Conditions), drawings, specifications, all addenda
issued prior to, and all modifications issued after execution of this Agreement. These
contract documents form the Agreement, and all are as if fully a part of the Agreement as
if attached to this Agreement or repeated therein. This agreement shall supercede any
conflicting terms and conditions included in RFP No. 03-1 OR.
2. TERM
The initial term of this Agreement shall be for a Ten (10) year period commencing
on July 3, 2003 and ending July 2, 2013.
CONTRACTOR shall begin installation of shelters not later than ninety (90) days
from execution of agreement or on a space available basis.
CITY shall have the sole option to renew this Agreement for one (1) additional five
(5) year term. Written notice of the CITY's intent to renew shall be provided to
CONTRACTOR one hundred twenty (120) days prior to the expiration of this Agreement.
3. TERMINATION
This Agreement may be terminated by CITY or CONTRACTOR for cause or by the
City for convenience, upon thirty (30) days of written notice by the terminating party to the
other party for such termination in which event the CONTRACTOR shall be paid its
compensation for services performed to termination date, including services reasonably
related to termination. In the event that the CONTRACTOR abandons this Agreement or
causes it to be terminated, CONTRACTOR shall indemnify the city against loss pertaining
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to this termination.
Default by CONTRACTOR: In addition to all other. remedies available to the City,
this Agreement shall be subject to cancellation by the City should the CONTRACTOR
neglect or fail to perform or observe any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of thirty
(30) days after receipt by CONTRACTOR of written notice of such neglect or failure.
4. THE WORK
The CONTRACTOR shall perform all work for the CITY as set forth in
CONTRACTOR's proposal and as required by the contract documents as set forth below:
a)
CONTRACTOR shall furnish
all labor, materials,
and
equipment necessary to install
and
maintain
bus shelters
at
public
transit
stops
within
the
City
limits.
b) CONTRACTOR shall have the exclusive right to construct, erect, install, repair and
maintain public bus shelters at no cost to the CITY, and to place such shelters at locations
on public property or within the public right-of-way approved by the CITY. The shelters
shall remain the sole property of the CONTRACTOR and must be removed within sixty (60)
days of termination of this Agreement. Upon termination of this Agreement, the
CONTRACTOR shall no longer possess the right to maintain, operate or install shelters
within the City .The CITY has approved placing and/or replacing shelters at the locations
set forth in Exhibit "A" to this Agreement. Placement of shelters at additional locations are
subject to the approval and/or direction of the City. All locations shall be public transit
stops. All locations and shelter installations must conform to federal, state, county and
municipal laws, ordinances and rules and regulations, including but not limited to the
American's With Disabilities Act, and have the approval of the CITY prior to installation of
the shelters in accordance with the provisions of this Agreement. CONTRACTOR shall
have the sole responsibility, at its sole cost expense, to obtain all necessary local, county,
state and federal permits. All shelters shall be located within twenty-five (25) feet of a bus
stop. Only one (1) shelter is permitted at a bus stop, unless agreed by CITY and
CONTRACTOR that it is necessary to have more than one shelter at a location. There shall
not be an advertising bus bench allowed at the same transit location as a permitted bus
shelter. It is not the intent of the CITY to allow unrestricted advertising.
c) All shelters shall be constructed of top grade materials and conform to the Florida
Building Code as well as all applicable state, county and municipal codes, as described in
the specifications and model as set forth in Exhibit "B" to this Agreement, attached hereto
and incorporated herein as if set forth in full. The CONTRACTOR shall obtain all
necessary permits for all shelter construction. However, the City shall cooperate with the
CONTRACTOR on permitting to the fullest extent possible and in accordance with the
Florida Building Code and State Statutes.
d) The CONTRACTOR shall install new shelters at all locations, as specified in Exhibit
"A". CONTRACTOR shall install a minimum of five shelters per month. Shelter locations
and order of replacement to be agreed upon between the CITY and CONTRACTOR.
City of T arnarac
°��a aisho air ` Contracts Division
The CONTRACTOR shall not be responsible for the removal of the existing bus
shelters installed by the previous bus shelter contractor; nor shall the CONTRACTOR be
responsible for removing any previous improvements, concrete pads or any other additions
utilized for the benefit of the previous bus shelter contractor.
e) The CONTRACTOR shall at its sole cost and expense maintain all such shelters in
good and serviceable condition duringthe entire term of this Agreement. Each shelter
shall be routinely visited for maintenance a minimum of every three days. Each shelter and
associated pad shall be power washed as needed however on a minimum of one time per
year. The CITY reserves the right to periodically inspect such shelters to determine their
condition. The CONTRACTOR shall remove, replace or recondition, to the satisfaction of
the CITY, any shelters, which the CITY determines, are not at an approved location or no
longer in good or serviceable condition. The style and construction of any replacement
shelters shall be the same as the shelter replaced, unless prior written CITY approval is
received. In the event CITY inspects and determines that shelter is in need of cleaning or
maintenance, CITY shall notify CONTRACTOR who shall perform maintenance within 2
business days. This section shall supercede any conflicting terms and conditions
included in RFP No. 03-1OR.
fl CONTRACTOR shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner. CONTRACTOR
shall comply with all OSHA safety rules and regulations in the operation of equipment and
in the performance of the work. CONTRACTOR shall at all times have a competent field
supervisor on the job site to enforce these policies and procedures at the CONTRACTOR's
expense.
g) CONTRACTOR shall provide the CITY with seventy-two (72) hours written notice
prior to the beginning of work under this Agreement and prior to any schedule change with
the exception of changes caused by inclement weather.
h CONTRACTOR shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this Agreement, which
are applicable to the CONTRACTOR, its employees, agents or subcontractors, if any, with
respect to the work and services described herein.
5. RE PA I R/RE PLAC E M E NT/REMOVA L
In the event the CITY shall determine that a shelter should be repaired or replaced,
or constitutes unrestricted advertising in the CITY's sole opinion, or that a shelter does not
comply with this Agreement, it shall give the CONTRACTOR notice, identifying the exact
location of the shelter and corrective measure to be taken.
a) CONTRACTOR shall repair, replace, remove the shelter or take corrective
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measures specified by CITY within two (2) business days of receipt of such notice.
b) In the event the CITY determines that a shelter or advertisement within a shelter,
constitutes a hazard to persons, pedestrians, property or vehicular traffic or seriously
disrupts the public right-of-way, the CITY shall notify CONTRACTOR who shall remove the
shelter or advertisement immediately upon receipt of - notice, but no longer than two (2)
business days from receipt of verbal or written notification, whichever occurs first.
c) In the event the CONTRACTOR fails to repair, replace or remove the shelter within
the above -specified periods, the CITY shall have the right to repair, replace or remove and
store the shelter at the expense of the CONTRACTOR.
d) If a shelter is to be removed under this provision, it may be moved to another
location agreed upon between the CITY and CONTRACTOR.
e) Upon termination CONTRACTOR shall have sixty (60) days to remove shelters.
Upon expiration of sixty (60) days CITY shall have the option to remove and store shelters
at CONTRACTORS expense. After sixty (60) days storage CITY shall have the option to
dispose of shelters at CONTRACTORS expense.
6. MAINTENANCE
It will be the CONTRACTOR's responsibility, at CONTRACTOR's expense, to
maintain the shelter site and surrounding area for a minimum distance of ten (10) feet
from the shelter to insure that the site is free of trash, high grass, weeds or other rubbish,
fumigating the shelter as needed. Trash receptacles shall be located at all shelter sites;
the "CONTRACTOR" will provide trash pick up and disposal at no cost to City. Collection
and disposal service to be provided by CONTRACTOR on at a minimum one time per
week or on a more frequent basis as determined by the City.
7. REPAIR/REPLACEMENT OF PUBLIC/PRIVATE PROPERTY
The CONTRACTOR shall repair or replace all structures or facilities on public or
private property, which may have been damaged during construction, operation or removal
of bus shelters owned by the CONTRACTOR. The work shall include but not be limited to
sidewalks, driveways, posts, poles, walls, fences, gates, footing, trees, shrubs, lawns,
sprinklers, curbs, gutters, utilities (both overhead and underground), manholes, catch
basins, inlets, parkways, parkway drains, street surfaces, and landscaping in the parkway
areas. The work shall include furnishing and replacing planting soil, trees, shrubs, grass
sod and other ground cover planting as required to conform to the original surface
condition and cross-section as specified, and cleanup and removal of all surplus
materials, rubbish and trash of every nature remaining after the construction has been
completed. The CONTRACTOR further agrees to repair or replace public or private
property in a manner acceptable to the CITY. All repairs and replacements shall
incorporate materials and methods similar to those used in the original structure, unless
otherwise specified. This section shall survive termination of the agreement.
is
chyo;� Cama."ac Purchasing and Contracts Divi ion
8. RELOCATION OF SHELTERS
In the event of a change in transit stops or other transportation system designations,
changes in street design or rights -of -way or changes the CITY deems necessary for the
public health, safety, welfare and convenience, or changes in demographics which
materially affect the pedestrian and vehicular traffic flow at or near shelters established in
connection herewith, the CONTRACTOR, at the CITY's written request, shall relocate a
designated shelter to another location mutually agreed to by the CITY and the
CONTRACTOR. The expense in connection with such relocation shall be borne by the
CONTRACTOR, and the CONTRACTOR shall act expeditiously in order to relocate such
shelters, and in the event that a change of street design or right-of-way location shall
require the relocation of a shelter, the CONTRACTOR shall coordinate its work with the
CONTRACTORS or other personnel performing labor in connection with the change of
street design or right -of way location in order to accomplish the relocation expeditiously
and without interference to the work in connection with the relocation of streets or right-of-
way. CONTRACTOR shall not place, remove or relocate shelters unless directed to do so
in writing by the City.
9. ADVERTISING
The CONTRACTOR shall be authorized to sell and install professionally designed,
commercial advertising to be placed upon specified shelters as set forth in Exhibit "A".
Provided, however, that advertising of tobacco, firearms, massage parlors, adult book
stores, adult theaters, adult escort services and pornographic or obscene matters are
prohibited. The determination of objectionable, obscene or pornographic advertising shall
be the right of the CITY whose decisions on these matters shall be final. All advertising
signs shall have a maximum size of forty-eight (48) inches by sixty-nine (69) inches.
CONTRACTOR shall provide at a minimum two non advertising shelters at
locations designated by City. The CONTRACTOR shall not be obligated to pay CITY for
these shelters.
CONTRACTOR shall provide space for CITY sponsored advertising messages on a
space available basis. In the event space is available for CITY sponsored advertising
messages, the CONTRACTOR shall provide the CITY with one (1) advertising panel, per
month, for each three (3) shelter locations that are in place from time to time. In no event
shall a paying customer be removed from an ad space that the CITY wants to utilize for
CITY messages. The CONTRACTOR shall not be responsible for paying for public service
message material. The CITY shall provide all necessary materials at its sole cost and
expense. However, the CONTRACTOR, will install at no additional cost to the CITY, such
public service advertisements within a reasonable time after said advertisements are
provided to the CONTRACTOR for installation.
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City Of T�, �;
10. SHELTER IDENTIFICATION
Each shelter shall be identified with a shelter number, the name of the
CONTRACTOR and an 800 or local telephone number.
11. TELEPHONE SERVICE
CONTRACTOR shall have during working hours personnel to answer the phone
when citizens call concerning shelters. A log of complaints about shelters, including the
subject of the complaint and the action taken, shall be kept and made available upon CITY
request.
12. AVAILABILITY
CONTRACTOR shall maintain an office in Broward County and shall within 10 days
of award of
contract provide
with
the
name, address,
phone and fax number of local
supervising
employee
whom
City
may
contact on a 24
hour
basis.
13. REPORTS/INSTALLATIONSIMAINTENANCE
The CONTRACTOR shall submit to the CITY a quarterly report within fifteen (115)
days of the end of each contract quarter with first report due by October 15, 2003. Each
report shall contain the following:
(a) The location and date of installation of shelters installed during the prior quarter.
(b) The location and date of removal of shelters removed during the prior quarter.
(c) A listing of all shelters located within the CITY and their locations, at the end of the
prior quarter.
(d) A record of all maintenance performed including date, shelter location(s) and type
of work performed.
All reports shall be sent to the CITY's Building Official. The form of the report to be
developed by the CONTRACTOR is subject to the approval of the CITY. The CITY's
approval shall not be unreasonably withheld.
14. CONSENT OF PROPERTY OWNER
In the event the proposed location or removal of the shelter is on private property or
on property owned by a governmental agency other than the CITY, the CONTRACTOR
shall provide written consent from the property owner or governmental agency for the
W1
` is vh;;si o al # tContra-ts Div,
C".li�=yj
location or removal of the shelter on the property. Such written consent shall be submitted
with the CONTRACTOR's application for permission to install or remove the shelter. The
CITY agrees to cooperate with the CONTRACTOR to help secure said written consent. In
the event that a State Shelter Permit is required the CITY shall submit all necessary paper
work for said permit on CONTRACTOR's behalf. All costs associated with securing the
state permit shall be borne by the CONTRACTOR. Further, the CONTRACTOR shall be
responsible for preparing all necessary paper work submitted by the CITY.
15. PAYMENT
In consideration of the right, privilege, and license to display advertising on transit bus
shelters throughout the CITY, CONTRACTOR agrees to pay CITY a guaranteed rate of:
Year 1-3
130
per shelter
per month
Year 4-5
$40
per shelter
per month
Year 6-7
$50
per shelter
per month
Year 8-9
$57
per shelter
per month
Year 10
$65
per shelter
per month
a) CONTRACTOR shall compensate the CITY at the guaranteed rate as set out above
or 15% of the net advertising revenues, whichever is greater, beginning on the date the
shelter is placed in service or advertising panel installed, whichever is sooner.
b) Net Advertising Revenues -The gross annual amount of revenues generated by the
CONTRACTOR pursuant to this agreement, less an industry standard deduction of fifteen
percent (15%) for licensed marketing and advertising agency commissions when
applicable. No other deductions shall be permitted under the term net advertising
revenues.
c} CONTRACTOR shall remit payment to the CITY on a semi-annual basis with first
payment being due January 15, 2004. CONTRACTOR shall submit a report with payment
to the CITY's Director of Finance documenting basis of and verifying accuracy of payment.
At a minimum, report shall detail the number and location of shelter sites, name(s) of
advertiser(s) and the total advertising revenue for the previous six month period.
d) Upon renewals guaranteed rate to be remitted by CONTRACTOR to CITY shall
increase to $75 per shelter per month for the term of the renewal.
16. DELIQUENCY
In the event CONTRACTOR fails to make the payment within 10 business days of
date due as hereinabove provided, CONTRACTOR shall pay an interest charge for each
day, or a fraction thereof, that payment is late. An Interest Factor shall be based on the
prime rate for the Chase Manhattan Bank, N.A. plus one percent (1%). Calculation will be
illustrated as follows:
7
Cfty Of- -Tav"?,l 0- /(C
Prime rate
+ 1%/365 days
= Daily Interest
Rate,
DIRxDays
Payment
Late =
Interest charge
(DIR)
n,id Con-frceicts Divi-sj"01,
Note: Regardless of the foregoing, the interest rate referred to in this section will
comply with all applicable state'laws
17. INSURANCE
The CONTRACTOR shall not commence work -under this Agreement until it has
obtained all insurance under this Paragraph and evidence of such insurance coverage has
been approved by the CITY. CONTRACTOR shall obtain at CONTRACTOR's expense all
necessary insurance in such form and amount as required by the CITY's Risk and Safety
Officer before beginning work under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, and all other insurance as required by the
CITY, including Professional Liability when appropriate. CONTRACTOR shall maintain
such insurance in full force and effect during the life of this Agreement. CONTRACTOR
shall provide to the CITY's Risk and Safety Officer certificates of all insurances required,
under this section prior to beginning any work under this Agreement. The CONTRACTOR
will ensure that all subcontractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this agreement.
CONTRACTOR shall indemnify and hold the CITY harmless for any damages
resulting from failure of the CONTRACTOR to take out and maintain such insurance.
CONTRACTOR's Liability Insurance policies shall be endorsed to add the CITY as an
additional insured. CONTRACTOR shall be responsible for payment of all deductibles and
self-insurance retentions on CONTRACTOR's Liability Insurance policies.
a. COMMERCIAL GENERAL LIABILITY;
The minimum limits of liability shall be as follows:
General Aggregate
Each Occurrence
Personal & Advertising
Injury
$17000,000
$17000,000
$1 000,000 aggregate
$1,000,000 each occurrence
The CITY shall be named as an additional insured on each policy.
b. COMPREHENSIVE AUTOMOBILE LIABILITY: CONTRACTOR shall also carry
comprehensive Automobile Liability Insurance, which shall include coverage for Itany auto"
within minimum combined single limit of $1,000,000.
C. WORKERS' COMPENSATION: The CONTRACTOR and its subcontractors shall
annually furnish proof of Workers' Compensation and Employer's Liability insurance to the
CITY in no less than the minimum limits required by the State of Florida.
d. CERTIFICATE OF INSURANCE: The CONTRACTOR and subcontractors shall
annually furnish the CITY proof of the insurance required. The COMPANY has provided
proof of existing insurance and the certificate is attached as ' Exhibit "C" to this Agreement.
To be acceptable to the CITY each insurance certificate shall name the CITY as an
8
Cify 0,107a 1 81 ra c
urchiasit�r,�, and Contracts Division
additional insured and should contain a clause substantially as follows:
Should any of the above -described policies be canceled or undergo material change
before the expiration date, the issuing insurance CONTRACTOR will mail thirty (30) days'
written notice to the Risk Manager of the CITY of Tamarac, FL.
18. AMENDMENTS/ ASSIGNMENT OF AGREEMENT
a) The Agreement, or any portion of the Agreement, shall not be assigned by
CONTRACTOR without prior written consent of CITY, which consent will not be
unreasonably withheld.
b) Amendments which are consistent with the purposes of this Agreement may be
made with the mutual consent of the parties which consent shall be contained in a wriften
document executed with the same formality as the Agreement.
19. NO CONTINGENT FEE
CONTRACTOR warrants that it has not unlawfully employed or retained any
company or person, other than bona fide employees, consultants or advisors to solicit or
secure this Agreement and that it has not unlawfully paid or agreed to pay any company or
person any fee, commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of this Agreement. This language is not intended to
prevent the CONTRACTOR from retaining bona fide consultants and advisors. For the
breach or violation of this provision, CITY shall have the right to terminate the Agreement
without liability at its discretion and to otherwise recover damages it incur as a result of the
termination.
20. RECORDS RETENTION
CONTRACTOR shall keep at a location within Broward County accurate and
complete records and accounts of all advertising sales, expenses and other business
being transacted under this contract throughout the term of the contract, including any
options, terms, and for two (2) years following its expiration or cancellation including all
extensions. The CONTRACTOR agrees to allow duly authorized agents of the CITY to
access any books, documents, papers or records which are directly pertinent to the
Agreement for the purposes of making audit examinations, excerpts, and transactions and
to maintain all required records for one (1) year after the CITY's final payment and all other
pending matters are closed.
21. BANKRUPTCY
This agreement shall terminate in the case of bankruptcy (voluntary or involuntary)
or insolvency of CONTRACTOR. In the case of bankruptcy, such termination shall take
effect on the day and at the time that the bankruptcy action is filed.
L;/4, U7
22. HEADINGS
r
purcfta_,Sh,�g
Headings hereon are for convenience of reference only and shall not be considered
on any interpretation of this Agreement.
23. COMPLIANCE
CONTRACTOR shall promptly comply with all statutes, ordinances, rules, orders,
regulations and requirements of all local, state and federal agencies that are applicable to
the services rendered under the terms of this Agreement. Furthermore, CONTRACTOR
shall secure all applicable permits necessary for the fulfillment of CONTRACTOR's
obligations under the terms and conditions of this Agreement.
24. CONSTRUCTION
The parties to this Agreement hereby acknowledge that they have fully reviewed
this Agreement and have had the opportunity to consult with legal counsel of their choice,
have participated in the negotiation and drafting of this Agreement, and therefore, this
Agreement is not to be construed against either party as if they were the drafter of this
Agreement.
25. LIQUIDATED DAMAGES
The CONTRACTOR shall pay to the CITY $150.00 per day in liquidated damages
for any non -monetary breach not cured within the required time frames as set forth in this
Agreement. This liquidated damages provision shall not apply to the CONTRACTOR's
failure to pay fees as required in Section 15 herein. The liquidated damages shall accrue
and be payable on a per them basis until the breach is corrected. The imposition of
liquidated damages is based on the inability of the parties to ascertain the losses the CITY
will suffer because of this non -monetary breach. -
26. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The work to be performed under this Agreement shall. be commenced no later than
thirty (30) days after execution of the Agreement by the CITY. Shelter installations shall
begin within ninety (90) days of execution and be substantially completed no later than
April 30, 2004.
27. INDEMNIFICATION
The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and
appointed officials, employees, and agents from any and all claims, suits, actions,
damages, liability, and expenses (including attorneys" fees) in connection with loss of life,
bodily or personal injury, or property damage, including loss of use thereof, directly or
indirectly caused by, resulting from, arising out of or occurring in connection with the
10
City of -T-arnarac
S100
-3
Put, a sing ,
J a!,d Conti,- cts Div;;
operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or
independent CONTRACTORS, excepting only such loss of life, bodily or personal injury,, or
property damage solely attributable to the gross negligence or willful misconduct of the
CITY or its elected or appointed officials and employeeS. The above provisions shall
survive the -termination of this Agreement and shall pertain to any occurrence during the
term of this Agreement, even though the claim may be made after the termination hereof.
Nothing contained herein is intended nor shall be construed to waive CITY's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time to
time.
28. NON-DISCRIMINATION
The CONTRACTOR agrees that it shall not discriminate against any of its
employees or applicants for employment because of their age, handicap, race, color,
religion, sex, or national origin, and to abide by all federal and State laws regarding non-
discrimination. The CONTRACTOR further agrees to insert the foregoing provisions in all
subcontracts hereunder except subcontracts for standard commercial supplies or raw
materials. Any violation of such provisions shall constitute a material breach of this
Agreement.
29. INDEPENDENT CONTRACTOR
CONTRACTOR is an independent CONTRACTOR under this Agreement. Personal
services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and
subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of
the CITY. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this Agreement shall be those of the
CONTRACTOR.
30. ASSIGNMENT AND SUBCONTRACTING
CONTRACTOR shall not transfer or assign the performance required by this
Agreement without the prior consent of the CITY. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the CITY.
31. NOTICE
Whenever either party desires or is required under this Agreement to give notice to any
other party, it must be given by written notice, sent by registered United States mail, with
return receipt requested, addressed to the party for whom it is intended at the following
addresses.
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
i i
C;� 7
�Iiiy of arriara,"
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONTRACTOR
Barry Kutun, President
Street Furniture Advertising Group, Inc
4040 N. 29 Ave.
Hollywood, Florida 33020
With a Copy to:
Bar Kutun
2012 Fisher Island Dr.
Fisher Island, FL 33105
32. AGREEMENT SUBJECT TO FUNDING
P I S;rvf a"-7 - 3onracts 'Diu.'si r)
urchv- .*. �zj d CC, iii, 1- V �".'>Jpoj I
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City
of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
33. VENUE
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
County, Florida.
34. SIGNATORY AUTHORITY
The CONTRACTOR shall provide the CITY with copies of requisite documentation
evidencing that the signatory for CONTRACTOR has the authority to enter into this
Agreement.
35. SEVERABILITY; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non -enforcement
of any provision by either party shall not constitute a waiver of that provision nor shall it
affect the enforceability of that provision or of the remainder of this Agreement.
36. MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between the CONTRACTOR and
12
-Tamamc
.7 t-,� I
!-�Iurchas,ing and Contracts Di i '
vision
the CITY, and negotiations and oral understandings between the parties
herein. This Agreement can be supplemented and/or amended only
document executed by both the CONTRACTOR and the CITY.
are merged
by a wriften
13
City of Tamarac
Purchasing and C017tracts Division
ni
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, through its Mayor and
signing by and through its duly authorized to execute same.
ATTEST:
Marion Swen
City Clerk
Date
A17EST:
CITY OF TAMARAC
1%.
/'/J�(e Schreiber, Mayor
Date
Jeffre/ f. Mher, City Manager
y
on, CIVIC Date
f Ita. R Lt, V< L.-�-r%-* W...j
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Approved as to form and legal sufficiency:
Mitchell S. Kraft, City Atfor'ney
Date
CONTRACTOR:
STRee."r r%J(LW%0rVae.'
Contractor
Signatvre-Cof Presi
er
**-� Q. t< V %-P —%. &..# N...j
Type/Phnt Name of President/Owner
Date
6 /";? 0 /0
14
City of Tamarac
a W." Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
:SS
COUNTY OF 6r-6W CA- d
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
\< L..? Vk."f,�-3
M--- I a-- to me known to be the person(s) described in and who
executed the foregoing instrument and acknowledged before me that he/she executed the
same.
WITNESS my hand and official seal this ZO day of QL�� 12003
I/
98909*11*9969*6806 "goes
HEIDYIE E. PiEtWE
COmmiftiOn 0 000`16M24
E*m 1=2M
SoMed through
Rxide Notary Assn., Ire
ignature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
��50- 0( .0 6 - k4 1.- 31(3- o
Type of I.D. Produced
DID take an oath, or
DID NOT take an oath
'15
EXH
§F".0*'Street
. P-1
urn itu re
Ac vertising
SPECIFICATIONS
9'DOME ROOF BUS SHELTER
MODEL 9ALD-VICPM1
Tolar Mfg..Co, Inc.
Advertising Model with Perforated Metal Walls
* Roof dimensions: 8' 7 7/8" x 4' 8" Height: 7' to bottom of roof perimeter
* The roof designi'eaturt., two �,ircular -hapes running horizontally, one is used as a rair,
other houses the electrical wiring in those shelters which feature lighting in the roof
* The one-piece roof is welded from four lengths of aluminum extrusion, no snap together corners
which can be vandalized.
9 Two roof beams are welded to the roof perimeter for placement of the supporting legs. Roof beams
arc pre -drilled to facilitate field installation.
* Shelter advertising kiosk illuminated by solar lighting provided by others.
a 1/4" bronze tint double -wall Lexan Thermoclear twin wall acrylic panels in the roof allow
approximately 20% light transmission while completely blocking ultra violet and infrared rays.
Lexan panels are secured with flat bars and rubber gaskets, attached by Tak screws. No silicone
sealer is required.
6 16 gauge perforated metal panels with a custom Victorian style design form the rear wall. The
panels are radiuscd at the top with three 1 1/4" tubes supporting the top panel. Two of the tubes are
44 degrees from center. Two 4" diameter rings accent each side of the perforated panel. The
perforated panels have K" diameter holes on 3/8" centers and arc held in place with stainless steel
glass supports which anchor to the concrete pad or sidewalk.
9 Adjustable leveling shoes allow for up to 12" grade variation.
a The 2-sided flat back-to-back advertising kiosk features 3/16" clear tempered Wety glass panels in
the two side -hinged display doors. Tamper proof fasteners secure the doors.
9 All materials are top quality - we use only ASTM A-36 grade 3.5" schedule 40 pipe for structural
steel members and 6063-T6 grade aluminum extrusion with a minimum thickness of 1/8 inch. The
color selected for the City of Tamarac is RAL 6005 Moss Green
9 All of the structure's metal surfaces feature a durable baked polyester powder coat finish, 4-5 ml
thick. The powder coating process produces no volatile organic compounds (VOCs), Powder coat
finish was created for durability in outdoor use and to withstand graffiti removal solvents.
a The shelter is supplied with all hardware, concrete anchors and electrical wiring for site installation.
Perforated Metal Bench
40" perforated metal bench. No back, one anti vagrant bar, durable baked powder coat finish
color RAL 6005 Moss Green, zinc anchors
Trash Receptacle
0 16 Gallon smooth side pole mount trash receptacle. hinged lid, durable baked powder coat finish
color RAL 6005 Moss Green, hardware
Temp. Reso ;F 10334 - January 20, 2004
Page 2
Revision 1 — February 5, 2004
WHEREAS, the City, Street Furniture Advertising Group, Inc. and Shelter Ads
Management, Inc. desire to enter into the Assignment, Delegation and Release
Agreement to formalize the assignment of Street Furniture Advertising, Inc.'s rights,
obligations and responsibilities to Shelter Ads Management, Inc. as they pertain to the
design, construction, installation and maintenance of bus shelters, a copy of said
assignment agreement is attached hereto as Exhibit E; and
WHEREAS, the Director of Finance and the Purchasing and Contracts Manager
recommend approval and execution of the Assignment, Delegation and Release
Agreement among the City of Tamarac, Street Furniture Advertising Group, Inc. and
Shelter Ads Management Inc.; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to approve and
execute the Assignment, Delegation and Release Agreement among the City of Tamarac,
Street Furniture Advertising Group, Inc. and ShelterAds Management, Inc. for the design,
construction, installation and maintenance of bus shelters.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1- The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof.
SECTION 2: The appropriate City officials are hereby authorized to
execute the Assignment, Delegation and Release Agreement among the City of
Tamarac, Street Furniture Advertising Group, Inc. and Shelter Ads Management, I nc.
for the design, construction, installation and maintenance of bus shelters.
City Of TW77ar8C -..— 0
PLj1-0haSi,'7g 2MIC1011MROS CiVI-Sioll
ASSIGNMENT, DELEGATION AND RELEASE AGREEMENT
Among
CITY OF TAMARAC
And
/x#-,oz�
STREET FURNITU71E ADVERTISING GROUP INC., A FLORIDA CORPORATION
And
A FLORIDA 1O.RPORATION
SHELTER ADS MAtyA—GE1�-.'--NT INC.,
For
r%c:l -,L� E�_RS FOR THE
SlGt.-, INSTALLATION AND MAINTENANCE OF 13��' SHJELT
CITY OF TAMARAC—.
fN S nment
THIS ASSIGNMENT, DELt=UA i;,7�: .... . :L.� �LLEASE AGREEMENT ("A Sig
Agreement") is made by and among CITY OF TAMA ' 7-14C, a political subdivision of the
State of Florida with principal offices located at 7525 NW 88': lkv?nue, Tamarac FL 33321,
its successors and assigns, hereinafter referred to as "CITY," through its City Con-irnission.
AND
STREET FURNITURE ADVERTISING GROUP INC., A FLORIDA CORPORATION,
authorized to do business in the State of Florida, with principal offices located at 4040 N.
291hAvenue, Hollywood FL 33020, its successors and assigns, hereinafter referred to as
"CONTRACTOR"
F.11 M
S H E LTE R ADS MA NAG EM E NT I N C .. A F LO RI DA CO RPO RATI 0 N, autho rized to
do business in the State of Florida, with principal offices located at 19589 NE 10,h Avenue,
North Miami FL 33179, its successors and assigns, hereinafter referred to as "ASSIGNEE."
WITNESSETH
WHEREAS, CITY utilized due diligence in seeking responses from qualified
firms to design, install and maintain bus shelters for the citizens of the City of Tamarac; and
WHEREAS, CONTRACTOR, on the basis of Proposal made to CITY (dated March
26, 2003) was selected by CITY to provide this service and entered into an agreement
("Agreement") with CITY dated June 25, 2003, with an effective date of July 3, 2003; and
WHEREAS, CONTRACTOR has requested the assignment of all rights, duties and
obligations of CONTRACTOR under said Agreement; and
.7 und Con tfo cts
4. ASSIGNMENT AND DELEGATION
4,11 CONTRACTOR does hereby assign and delegate to ASSIGNEE, all of its
right, title and interest in and to the Agreement including all right, title and
interest in all reports, documents, or other data prepared and/or provided by
CONTRACTOR thereunder in connection with or related to the Agreement.
4.2 ASSIGNEE hereby accepts the assignment and delegation of the Agreement
and releases CONTRACTOR from all its obligations under the Agreement
after the Effective Date of this Assignment Agreement. ASSIGNEE further
agrees to assume all of CONTRACTOR's obligations thereunder and agrees
to perform and keep all of the terms, conditions, covenants, agreements,
liabilities and obligations to be performed thereunder from and after the
Effective Date of this Assignment Agreement.
4.3 CITY hereby acknowledges and consents to the assignment and delegation
by CONTRACTOR to ASSIGNEE of the Agreement as set forth herein, and
ASSIGNEE agrees to perform its obligations hereunder and be bound to
CITY pursuant to the terms of the Agreement.
RELEASE
CITY and CONTRACTOR hereby release and forever discharge each other for all
agreements, promises and obligations which each party had, now has or may have,
against each other arising out of, related to, or in connection with the rights and obligations
granted and accruing under the Agreement.
6. AMENDMENT OF TERMS AND CONDITIONS OF ORIGINAL AGREEMENT
6.1 On the Effective Date of this Assignment Agreement, all references in the
Agreement to "CONTRACTOR" shall be deemed to refer to "ASSIGNEE" in
order to effectuate the intent of the parties under this Assignment
Agreement.
6.2 ARTICLE 5, NOTICE, of the Agreement is hereby amended by deleting the
address for the current CONTRACTOR and inserting the following for
ASSIGNEE deemed CONTRACTOR after the Effective Date of this
Assignment Agreement:
CONTRACTOR
Eric Nadel, President
Shelter Ads Management, Inc.
19589 NE 110t' Avenue
North Miami FL 33179
husilla and ('ontra(,-ts 01m;!Or!
City of runlaror,
.... ......
IN WITNESS WHEREOF, the parties hereto have made and executed this
Assignment: CITY OF TAMARAC signing by and through its Mayor and City Manager, duly
authorized to execute same; CONTRACTOR, signing by and through its President, duly
authorized to execute same and ASSIGNEE, signing by and through its President, duly
authorized to executed same.
ATTEST:
Marion Swenson, CIVIC
City Clerk
Date
CITY OF TAMARAC
hreiber, Mayor
Joe S�
IV(
-ate
je f C iller, City Manage r
I, r: C�
V
Date:
P rov dpi
Mitchell Kraft
f m d Vle g uffi iency:
At ey
Irctla).07(i '10d celf7tra"Is 010"viul,
j . ... .... -.— .. ..... .
ACKNOWLEDGEMENT
STREET FURNITURE ADVERTISING GROUP, INC.
STATE OF FLORIDA :
:SS
COUNTY OF ?DR-�cZJD
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Barry Kutun, President of Street Furniture Advertising Group, Inc,, a Florida Corporation, to
me known to be the person(s) described herein and who executed the foregoing instrument
and acknowledged before me that he/she executed the same,
WITNESS my hand and official seal this
20CH -
% 9 V
SODTT C.
my Comm UP. 41105
No. DO OP97
day of
6U
NOIA4:R PUBLIC
State of Florida at Large
(Name of Notary Public: Print, Stamp, or
Type as Commissioned)
El P onally known to me or
Produced Identification
Type of I.D. Produced
XDID take an oath, or 0 DID NOT take an oath.
street
Furniture
Advertising
Street Furriihire AdvurtiAoi Group Inc
December 3rd, 2003
Hon. Jeffrey L. Miller
City Manager
City of Tamarac
7525 N.W. 88'h Ave.
Tamarac, FL 33321
EXHIBIT "C'
RECEAfFFE CC
T.R. 10335
Aii [I,;-2g
(Oria inal Sent by Registered Mail, RetutFff e8,�-Rxquested)
PAC
"bEPT
E3 U I'L D: "i
RE: Notice of Assi-nment and Transfer of Bus Skelter Contract
0
Dear Mr. Miller:
Pursuant to Paragraph 31 of the agreement between the City of Tamarac and Street Furniture
Advertising Group, Inc. for the installation and maintenance of bus shelters, effective July.3rd,
2003, please be advised of the following:
I . Street Furniture Advertising Group, Inc. has entered into an agreement to assign and
transfer all of its rights and obligations under said contract with the City, subject to
Paragraph 30 of said agreement providing for the prior consent of the City, to Shelter Ads
Managcmcnt, Inc., a Florida corporation with offices at 19589 N.E. 10" Ave., Miami, FL
33179.
2. The assignment and transfer of the contract is subject to the consent of the City and
approval of the bus shelter design being modified to the use of 133 foot shelters, in place
of 9 foot shelters, where applicable, with a V-Box designed illuminated ad panel. The bus
shelter is the exact design and same manufacturer as approved under the existing
contract. We are prepared to meet with the dcsignated appropriate personnel to discuss
approval of the revised shelter size,
3. Shelter Ads Management, Inc. is prepared to begin installation of the bus shelters at the
rate of 5 per nionth. pursuant to Paragraph 4(d) of the contract beginning on March I
2004.
Could you please call me to set up meetings regarding design approval of the bus shelter size
Z2
change as soon as possible?
S. I
in re Y,
v,
ee'
WI,
B rr K t
cc: Mitchell Kraft, Esq,, Tamarac City Attomey
Gary B. Jones, Director. Tamarac Building Dept.
Eric Nadel, President, Shelter Ads Management, Inc.
1111� 3 1 / 0 3 16:41 F.AX 954 "1 2408 (' ITY-TAWAC-PURCHASINU IQ UO Z
A OL EXHIBIT "D
MR Ox City of Tamarac
T.R. 10335
"Cornrnitted to Exce11enCe_..A1W1OY3
Purohagna and
Confrocts Division
December V. 2003
mr. F-ric Nadel
Shelter Ads Management, Inc.
19582 NE I 01h Avenue
North MiaMI, FL 33179
Subject. Assignment of Contract for Fumishing of Bus Shakers
Dear Mr. Nadel:
This letter 13 written In confirmation of the undennandings reached during the DecarnDer 30.
2003, oonjerence call between you, City of Tamarac Building & Code Compliance Diremr Gary
Jones, and myself. During the meeting, we discussed issues related to the requested cOntr2cl
assignment from Street Furniturc Advertising Group, Incorpomled, and your firm, sen0h Ads,
Incorporated, as well issues related to the scope of the contmal.
As a result of our wnference oall, we arrived sit conaansus on the follovAng Issues:
1 The faGaimilo noft to Keith "Gantz", daled December 23, 2003. W no longer applicable to
the contract The fax was replaced by a f sea Imile note dated December 23, 2003, to
2. In confimintlon of, and In addition to the lacalmile to Mr. Jones. we have agreed to the
following:
a. Tho contract assignr nant shag be amorni-nodated through a three -party
Assignment Agreement to be owsidered by the Tamarac City Commission during
Januetry, 2004, the text of which Is ourmntly under review by the city Attorney.
b. Any changes to the contract saope shall boami5mpllshed under a separate
Agreement, and shall be considered by the City Commission separately f rorn tne
Assignment request.
C. All shelterx shall be uniform in size for purpo3as of consistency and
standardization, The current de*lgn featuring O'shalters with flat illuminated panels
will be replaaed by 13' shelters Wth illuminated V-hox panels,
d. The locations for the sh(Ater installation sihaff remain sit twenty-eight (28) as
indieMed In the current contract agreement.
9. The commencement of shelter inftllation will be poSVonod 10 Marc 1, 2004.
f. The ah sitars shall! bo exclusively powered by use of solar pane!s.
"s
7525 poW 88im Avenue 8 TOP==, Ficrido 3=1 CY05d) 724-2A5C a, -ex (9541) 72 408 0 wwwx 'ma.
1175 A/
-2zol. 'j . 0 roc-019
.-wo' QPP1W'6n"1f EPVIOVLr C4
71)
'F�� C Al
Changes to agreement:
E Commencement of installation sbould be 90 days from city fimsfer of the asreement
F. Unless approved by the city for the use of electric power instea&
( zz /1,
Street
urn itu re
c -"ising
ver
SPECIFICATIONS
9'DOME ROOF BUS SHELTER
MODEL 9ALD-VICPM1
Tolar Mfg. Co., Inc.
Advertising Model with Perforated Metal Walls
• Roof dimensions: 8' 7 7/8" x 4- 8" Height: 7' to bottom of roof perimetc
• The mof dcqign fleati.-re, two J,-.-ulAr 5hapess running hotiLontally. One is used As is rail. loirlf-r, Lit
other houses the electrical wiring in those shelters which feature lighting in the roof
• The one-piece roof is welded from four lengths of aluminum extrusion, no snap together comer
which can be vandalized.
• Two roof beams are welded to the roof perimeter for placement of the supporting legs, Roof beam
are pre -drilled to facilitate field installation.
• Shelter advertising kiosk illuminated by solar lighting provided by others.
1/4" bronze tint double -wall Lexan Thermoclear twin wall acrylic panels in tile roof allov
approximately 20% light transmission while completely blocking ultra violet and infrared rays
Lexan panels are secured with flat bars and rubber gaskets, attached by Tek screws. No silicon(
scaler is required.
0 16 gauge perforated metal'pancls with a custom Victorian style design form the rear wall. Tilt
panels are radiused at the top with three 1 1/4" tubes supporting the top panel. Two of tile tubes are
44 degrees from center. Two 4" diameter rings accent each side of the perforated panel. The
perforated panels have 1/4" diameter holes on 3/8" centers and arc held in place with stainless steel
glass supports which anchor to the concrete pad or sidewalk.
• Adjustable leveling shoes allow for up to 12" grade variation.
• The 2-sided flat back-to-back advertising kiosk features Y 16" clear tempered safety glass panels in
the Mo side -hinged display doors. Tamper proof fasteners secure the doors.
• All materials are top quality - we use only ASTM A-36 grade 3.5" schedule 40 pipe for structural
steel members and 6063-T6 grade aluminum extrusion with a minimum thickness of 1/8 inch, The
color selected for the City of Tamarac is R.Al. 6005 Moss Green
• All of the structure's metal surfaces feature a durable baked polyester powder coat finish, 4-5 rn,
thick. The powder coating process produces no volatile organic compounds (VOCs), Powder coat
finish was created for durability in outdoor use and to withstand graffiti removal solvents.
• The shelter is supplied with all hardware, concrete anchors and electrical wiring for site installation.
Perforated Metal Bench
40" perforated metal bench. No back, one anti vagrant bar, durable baked powder coat finish
color F—,kL 6005 Moss Green, zinc anchors
Trash Receptacle
16 Gallon smooth side pole mount trash receptacle. hinged lid, durable baked povk-dejr coat finish
color RAL 6005 Moss Green, hardware
FLAR M�q
T11C 0 - I N C.
MODEL 13ALD-VICPMSFL
13'ADVERTISING BUS SHELTER - TAMARAC
Dome Roof Model -Custom Victorian Style Perforated Metal
SPECIFICATIONS
• Roof dimensions: 12'7 7/8" x 4'8" Height: 7' to bottom of roof perimeter
• The roof design features two circular shapes running horizontally. One is used as a rain gutter, the other
houses electric wiring for the overhead security lighting.
• The one piece roof is welded from four lengths of aluminum extrusion; there are no snap together
corners which can be easily vandalized.
• Two roof beams are welded to the roof perimeter; one for placement of the advertising kiosk, the other
for placement of the supporting legs. The supporting leg beam also houses the overhead security
lighting fixture.
• Standard shelter lighting is solar provided by others.
• Roof beams are pre -drilled to facilitate field installation.
1/4" bronze tint double -wall Lexan Then-noclear twin wall acrylic panels in the roof allow
approximately 20% light transmission while completely blocking ultra violet and infra -red rays. Lexan
panels are secured with flat bars and rubber gaskets, attached by Tek screws. No silicone sealer is
required,
16 gauge perforated metal panels with a custom Victorian style design form the rear wall. The panels
are radiused at the top with three I 'A" tubes supporting the top panel. Two of the tubes are 44 degrees
from center, Two 4" diameter rings accent each side of the perforated panel. The perforated panels
have 114" diameter holes on 3/8" centers and are held in place with stainless steel glass supports which
anchor to the concrete pad or sidewalk.
a Two 3" steel pipe legs support the roof structure opposite the advertising kiosk, the advertising kiosk
has three legs. C7
0 The 2-sided 48" "Senni-W angled advertising kiosk features fluorescent lighting and holds the standard
size bus shelter poster 48" x 68",
0 The two side- hinged advertising kiosk doors have 3/16" clear tempered safety glass panels. Tamper
proof fasteners are used to secure the doors.
a Five adjustable leveling feet allow,up to 12" variations in grade.
a The shelter is supplied with all hardware, concrete anchors and electrical wiring for site installatial,
* All materials are top quality - we use only ASTM A-36 grade 3.5" minimuni schedule 40 pipe for
structural steel members and 6063-T6 grade aluminum extrusion with a minimum thickness of 1/8 inch.
a All of tile structure's metal surfaces feature a durable baked polyester powder coat finish, 4-5 m I thick.
The powder coating process produces no volatile organic compounds (VOCs). Powder coat f ini sh was
created for durability in outdoor use and to withstand graffiti removal solvents. The city of Tamarac has
selected RAL 6005 Moss Green
All bolts. washers and hardware are included.
Temp. Reso i7 10335 - January 20, 2004
Page 2
Revision 1 — February 5, 2004
WHEREAS, Shelter Ads Management, Inc. has validated the request to assign
and transfer the agreement, modify the shelter design and adjust the time of installation
commencement, as evidenced by Shelter Ads Management Inc,'s signature of
acknowledgement on City correspondence dated December 31, 2003, a copy of said
correspondence is attached hereto as Exhibit D, and
WHEREAS, the requested modifications to the shelter design, from a 9' shelter
with, flat advertising panels to a 13' panel with V-box advertising panel, do not materially
alter the architectural style or aesthetics of the original shelter design, as evidenced by
specifications and renderings provided by the manufacturer, Tolar Manufacturing Co.,
Inc., attached hereto as Exhibit E; and
WHEREAS, City staff has determined that the extension of time to begin
installation of the shelters within ninety (90) days of execution of the assignment
agreement, and subsequent modification of the installation completion deadline to
October 31, 2004 is not unreasonable under the circumstances; and
WHEREAS, there are no other changes to the terms or conditions of the original
Agreement; and
WHEREAS, Shelter Ads Management, Inc. has executed Amendment #1 to the
Agreement, a copy of said amendment is attached hereto as Exhibit F; and
WHEREAS, the Director of Finance and the Purchasing and Contracts Manager
recommend approval and execution of Amendment #1 to the Agreement between the City
of Tamarac and Shelter Ads Management Inc.; and
Temp. Reso # 10335 - January 20, 2004
Page 4
Revision 1 — February 5, 2004
SECT —ION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 11"' day of February, 2004.
MAF�16N SWEN'SON', bMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to f6cm.
.77
MITCHELL S. KRAFT
CITY ATTORNEY/
. k.-
JOE SCHREIBER
Mayor
RECORD OF COMMISSION VOTE. -
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS 0
OIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
cit1d
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City of
Tamarac signing by and through its Mayor and City Manager, and Shelter Ads
Management, Inc., signing by and through its President, duly authorized to execute
same.
ATTEST:
Marion Swenson, CM�8
City Clerk
Date
CITY OF TAMARAC
Joe Schreiber, Mayor
1/ 0
Date
Zier, Cit'Mana
J e # r e Yvf.Mwi y . ger
Date V
Mitchell 9 raft, ity A�
?
bate
ey
sufficiency:
REVISED EXHIBIT "B"
M fO . LOA. P. M F
r
INC-1
MODEL 13ALD-VICPMSFL
IYADVERTIS ING BUS SHELTER - TAMARAC
Dome Roof Model-Custorn Victorian Style Perforated Metal
SPECIFICATIONS
• Roof dimensions: 127 7/8" x 4'8" Height: 7' to bottom of roof perimeter
• The roof design features two circular shapes running horizontally. One is used as a rain gutter, the other
houses electric wiring for the overhead security lighting.
• The one piece roof is welded from four lengths of aluminum extrusion; there are no snap together
corners which can be easily vandalized.
• Two roof beams are welded to the roof perimeter; one for placement of the advertising kiosk, the other
for placement of the supporting legs. The supporting leg beam also houses the overhead security
lighting fixture.
Standard shelter lighting is solar provided by others.
Roof beams are pre -drilled to facilitate field installation.
0 1/4" bronze tint double -wall Lexan Thermoclear twin wall acrylic panels in the roof allow
approximately 20% light transmission while completely blocking ultra violet and infra -red rays. Lexan
panels are secured with flat bars and rubber gaskets, attached by Tek screws. No silicone scaler is
required.
* 16 gauge perforated metal panels with a custom Victorian style design form the rear wall. The panels
arc radiused at the top with three 1 Y4 tubes supporting the top pancl. Two of the tubcs are 44 degrees
from center. Two 4" diameter rings accent each side of the perforated panel. 'Me perforated panels
have 1/4" diameter holes on 3/8" centers and are held in place with stainless steel glass supports which
anche, f�e concrete pad or sidewalk.
0 Two pipe legs support the roof structure opposite the advertising kiosk, the advertising kiosk
has three legs.
0 The 2-sided 48" "Semi-W' angledAdvertising kiosk features fluorescent lighting and holds the standard
size bus shelter poster 48" x 68".
0 The two side- hinged advertising kiosk doors have 3/16" c!z:., temnered safety glass panel- Tamper
proof fasteners are used to secure the doors.
0 Five adjustable leveling feet allow up to 12" variations in grade.
a The shelter is supplied with all hardware, concrete anchors and electrical wiring for site installation.
* All materials are top quality - we use only ASTM A-36 grade 3.5" minimum schedule 40 pipe for
structural steel members and 6063-T6 grade aluminum cxtrusion with a minimum thickness of 1/8 inch.
0 All of the structure's metal surfaces feature a durable baked polyester powder coat finish, 4-5 ml thick.
The powder coating process produces no volatile organic compounds (VOCs). Powder coat finish was
created for durability in outdoor use and to withstand graffiti removal solvents. The city of Tamarac has
selected RAL 6005 Moss Green
All bolts, washers and hardware are included.
Perforated Metal Bench
40" perforated metal bench. No back, one anti vagrant bar, durable baked powder coat finish
EXHIBIT I
t
Aure
ti s i ng
SPEcIFICATIONS
9'DONTIE 'ROOF BUS SHELTER
'%ALD-VICPM1
IODIEL
Tolar M!'� - *.o., Inc.
Advertising Model with p(-.,. **ated Metal Walls
* Roof dimensions: 8' 7 7/8" x 4' 8" .11-!ight: 7' to bottom of roof perimeter
* The rcw)f de%isn 1"eaturt- two,�kculw :;hapes running horizo-,:,, C)r,e is used ;,!; a rai.-, r.,un-r, (Le
other houses the electrical wiring in those shelters which feature h&, 'q in the roof
0 The one-piece roof is welded from four lengths of aluminum extru:,;; . n snap together cz.incr�
which can be vandalized. Q ''
0 Two roof beams are welded to the roof perimeter for placement of the supporting leg.. bearris
are pre-dril led to facilitate field installation.
0 Shelter advertising kiosk illuminated by solar lighting provided by others.
a 1/4" bronze tint double -wall Lexan Thermoclear twin wall acrylic panels in the roof al
approximately 20% light transmission white completely blocking ultra violet and infrared r,-,
Lexan panels are secured with flat bars and rubber gaskets, attached by Tek screws. No silic,
sealer is required.
• 16 gauge perforated metal panels with a custom Victorian style design form the rear wall. 1-he
panels am radiused at the top with three 1 14" tubes supporting the top panel. Two of the tubes are
44 degrees from center. Two 4" diameter rings accent each side of the perforated panel. The
perforated panels have V4" diameter holes on 3/8" centers and are held in place with stainless steel
glass supports which anchor to the concrete pad or sidewalk.
• Adjustable leveling shoes allow for up to 12" grade variation. red safety glass panels in
• The 2-sided flat back-to-back advertising kiosk features 3/16" clear tempe
the two side -hinged display doors. Tamper proof fasteners secure the doors. r structural
• All materials are top quality - we use only ASTM A-36 grade 3.5" schedule 40 pipe fo
steel members and 6063-T6 grade aluminum extrusion with a minimum thickness of 1/8 inch. The
color selected for the City of Tamarac is PLAL 6005 Moss Green
• All of the structure's metal surfaces feature a durable baked polyester powder coat finish, 4-5 ml
thick. The powder coating process produces no volatile organic compounds (VOCs). powdcr coat
finish was created for durability in outdoor use and to withstand graffiti removal solvents.
• The shelter is supplied with all hardware, concrete anchors and electrical wiring for site installation.
Perforated Metal Bench
0 4011 perforated metal bench. No back, one anti vagrant bar, durable baked powder coat finish
color RAL 6005 Moss Green, zinc anchors
Trash Receptacle r coat finist
0 16 Gallon smooth side pole mount trash receptacle, hinged lid, durable baked powde
color RAL 6005 Moss Green, hardware
RIV
Purchasing and
Contracts Division
June 15, 2004
Mr. Eric Nadel
Shelter Ads Management, Inc.
19589 NE 1 Ot" Avenue
North Miami, FIL 33179
Dear Mr. Nadel:
of Tarr --lrac r n
"Committed to Excellence- Always
!X IS = NY n 1'05'0
Via Registered Mail, Return Receipt Requested
The City Building Official has notified me that your firm has not shown any evidence of performance in
accordance with the requirements of your City of Tamarac Agreement for the provision of bus shefters, A
letter was sent to you on April 15, 2004, which outlined the specific areas of non-performance. As a
reiteration of that correspondence, you were given until April 22, 2004 to submit requests for permits to
the City Building and Code Compliance Dapartment, in order to meet your May 11, 2004 deadline for
commencement of work under the Agreement.
As of June 14, 2004, you have taken no action to affect compliance with your Agreement, and therefore
your firm is in breach of contract. As a result of this failure to perform on your part, the City has no choice
but to consider termination of your Agreement, as outlined in Section 3 "Termination" of the Agreement.
Accordingly, you now have thirly (30) calendar days from the date of this letter, to cure this situation by
demonstrating compliance with the terms and requirements of the Agreement. After that date. if no
specific performance has occurred which is acceptable to the City, the City will take action to find your
firm in default, and terminate your Agreement,
Please contact me if you have any questions at (954) 724-1322, or Mr. Gary Jones, the City Building
Official at (954) 724-1265.
Sincerely;
Keith K. Glatz, CPPO
Purchasing & Contracts Manager
Jeffrey Miller, City Manager
Mitch Kraft, City Attorney
Vanessa Steinerts, Assistance City Attorney
Diane Phillips, Assistant to the City Manager
Gary Jones, Building Official
Ken McIntyre, Building Operations Manager
Dona Newman, Director of Finance
7525 NW 88th Avenue a Tamarac. Florida 33321-2401 a (954) 724-2450 0 Fax (954) 724-24C)8 0 www,tc3mcDroc_org
. ..... N City of Tamarac
"Committed to Excellence... Always"
:X I 1p 06" an I r10500
Purchasing and
C ntracts Division
July 20, 2004
Via Registered Mail, Return Receipt Requested
Mr. Eric Nadel
Shelter Ads Management, Inc.
19589 NE 1 01h Avenue
North Miami, FIL 33179
Dear Mr. Nadel:
We are in receipt of your July 15, 2004 letter regarding your City of Tamarac Agreement for the provision
of bus shelters. Following is the City's response to the various points of that letter.
You indicated that you were told that you needed two (2) sets of engineering drawings per permit, signed
and sealed, and that only one permit would be issued for both the concrete pads and shelters. This is a
true statement. The concrete pad and the shelter are both integral components of the overall shelter
design. The concrete pad must be designed and constructed in a manner that will accommodate the load
of the shelter, and as such, must be submitted for review and approval together. The Building Official has
informed me that you have not submitted drawings specifically detailing the exact design features of the
shelter/pad configuration. The drawings that you did submit were copies of preliminary drawings that
were prepared by the City and illustrate the loca Fio—n of previously existing shelters as well as other
information related to the geometry of the right-of-way line and site line triangle analysis. Your
responsibility as the Contractor is to provide plans that show the exact location and configuration of the
proposed shelters, and demonstrate compliance with the State of Florida Building Code, as amended by
Broward County. The City cannot accept anything other than actual and complete drawings and
specifications that include such information.
You state in your letter that you are "complying with our contract to provide bus shelters and as your leffer
stated that there has been no activity with regards to the bus bench shelter contract, is not accurate."
The first task in performance under your Agreement refers to the actual start of construction of the
shelter. Per the terms of AmeqdMent #1. Paragrar)h 2. amending Time of qQ.M_Mencement and
SubstarlUl Qompletion, work was to commence within 30 days after execution of the Assignment
Agreement. The Amendment was executed by the City on February 12, 2004. Your firm has not yet
commenced any Work under the terms of the Agreement. Therefore, there has been no specific
performance as defined by the terms of said Agreement. Based on this definition, even if you had
submitted properly executed plans and drawings, there would still not be specific performance, since the
permitting process is only a regulatory requirement that you must meet prior to actual construction.
You have stated that you are not prepared to forfeit your investment of thirty thousand dollars in this
project. Your proposal preparation expenses, or any other expenses related to the execution of the Work,
are strictly the responsibility of Shelter Ads Management, Inc. Regardless of what your company has
expended, there is still no tangible evidence of performance under the terms of the Agreement.
For the record, I have contacted Mr. Patrick Merrick of Tolar Manufacturing. During a July 15. 2004
telephone conversation, Mr. Merrick indicated to me that he had not yet received the required $1,500.00
deposit for engineering services and calculations. Additionally, Mr. Merrick indicated that you had
committed to the purchase of only six (6) of the required twenty-seven (27) shelters. The lead tirne for
those shelters provides for a delivery in mid -September, which means that actual construction of the
shelters cannot begin until then. In addition, Mr. Merrick has indicated that you have yet to pay the
manufacturer the 50% deposit required to begin fabrication of the units.
7525 NW 88th Avenue 0 Tamarac, Florida 33321-2401 8 (954) 724-2450 a Fox (954) 724,2408 E www.tomarac.org
&UNITEDSWES
POSTAL SERVICE,,
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FL 33351
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11 Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is
1� Article Addressed to: It
by (PteasIrprint Clearly) B.
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MR. ERIC NADEL
SHELTER ADS MANAGEMENT, INC 3. Service Type
19589 NE 1 OTH AVENUE E3 Certified Mail C3 Express Mail
NORTH MIAMI, FL 33179 Registered 0 Ratum Receipt for Mer
016insuredMail 0 C.O.D.
4. Restricted Delivery? (Extry Fee) y
2- Article Number (COPY from Service label) K.R, 12.7 1)2-0 rY
PS Form 3811. juiy 1999 Domestic Return Receipt
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141ANI FL 33179
First-Cldss
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Label Serial
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Price Price
$0.37
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R81290209'14US
Issue PVI:
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Account #
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Approval #.'.
Transacti0l)
23 903520823
Receipt#:
Bm#: 1001002020037
Clerk. 17
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490
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$9.62
— All sales final on StdMPS and post&9e.
Refunds for guaranteed services only.
Thank You for your business,
Customer CoPY
EXHIBIT 2
ToRt 10680
REQUEST FOR PROPOSALS
RFP NO. 05-01 R
BUS SHELTER CONSTRUCTION,
INSTALLATION AND MAINTENANCE
City of Tamarac
Purchasing Division
7525 NW 88th Avenue
Room 108
Tamarac, Florida 33321-2401
(954) 724-2450
of Tamarac Purrhasing & Contracts Division
1. PURPOSE, BACKGROUND, TERM AND SCOPE OF SERVICE
A. PURPOSE
The City of Tamarac is soliciting proposals from qualified firms to provide all
required labor, materials, equipment and services necessary to provide, install,
repair and maintain --at no cost to the City --attractive, clean and safe bus passenger
shelters within the City of Tamarac.
B. INTRODUCTION AND BACKGROUND
In an effort to improve the quality of life in Tamarac, over the past five years the City
has undertaken significant public projects that enhance the City's "sense of place".
These include an on -going road resurfacing project that will address every City
street, landscape improvements that have been completed along major
thoroughfares and on public property, entry signs that have been installed to
welcome people to Tamarac, a new Community Center with numerous facilities, as
well as future projects such as the development of Southgate Linear Park.
Through these projects and future projects, the City has demonstrated its
commitment to the ongoing City-wide beautification plan.
To continue to improve the aesthetics of the City and further its identity, Tamarac
wishes to address its facilities for public transportation. Bus shelters provide the
City a great opportunity to make a statement and develop a theme that is unique to
Tamarac. Improvements to these facilities may also attract new riders, increase the
frequency of individual ridership and promote the City's transit system as well as the
County's bus system. To accomplish this goal of attractive, functional bus shelters
and benches that provide a consistency throughout the community, Tamarac is
seeking input for creative concepts from private firms.
C. TERM
The term of the contract that may be awarded as a result of this Request for
Proposal is one hundred twenty (120) months from the date of Notice to Proceed,
with an option to renew for one (1) extension period of sixty (60) months, exercised
at the sole option of the City Commission or its designee. At the end of the term of
the contract the parties herein shall be released from the terms of the contract
unless the renewal option is exercised.
In the event that the contract is not renewed, Contractors shall have a period of
ninety (90) days to remove all shelters to which they have title, In no event shall
advertising be sold for placement upon the public shelters beyond the awarded sixty
(60) month period.
D. SCOPE OF SERVICES AND SPECIFICATIONS
The Contractor, at no cost to the City, shall provide all required permits, labor,
materials, equipment and services necessary for providing, installing, repairing and
maintaining public bus shelters. Shelters will be placed on public property or within
the public right-of-way at locations approved by the City. Shelters shall be
constructed in full accordance with the latest edition of the Florida Building Code
Page 3 of 61
of Tamarac Purchasing & Contracts Division
Ill. SHELTER SPECIFICATIONS
The City requires that the Contractor ensure that the proposed shelters meet or
exceed the technical specifications described herein.
A. GENERAL
1 If electrical power is to be provided to the bus shelter in any form,
the preferred method is from a self-contained system such as
batteries or solar panels.
2. Contractor shall be familiar with applicable planning, engineering,
public works and electrical codes and comply with said codes at all
times.
3. All liability related to operation, electrical connections, construction,
installation and repair of transit shelters shall be the sole
responsibility of the Contractor.
4. Shelters shall be illuminated at night from dusk until dawn, but shall
not be illuminated in such a way as to be hazardous to passing
vehicle operators.
5. Contractor shall obtain an annual premises permit for shelter repair
and maintenance from the City's building department.
6. All shelters shall be identified by a separate number to be installed
on the bench or shelter in an area mutually agreeable to the
parties.
7. Shelters must be able to withstand the high winds and storms
common to South Florida by meeting or exceeding the latest edition
of the Florida Building Code.
B. MAINTENANCE AND CLEANING
1 The Contractor shall be responsible for maintaining shelters, as well
as associated trash receptacles, in "like new" condition throughout
the life of the contract, including refurbishing, reconditioning, and, if
necessary, replacing worn shelters and/or benches.
2. The Contractor shall maintain each shelter in a whole, structurally
safe and cosmetically attractive condition and the area surrounding
each will be kept free of insects, debris, high grass, weeds and
other rubbish for a radius of ten (10) feet from the perimeter of the
shelter. Failure to properly maintain the shelter or the surrounding
area will constitute cause for cancellation of the applicable permit
and removal of the shelter.
3. The City may elect to maintain the shelter bench and surrounding
area if the Contractor fails to consistently comply with maintenance
standards and charge back the costs to the Contractor.
Page 5 of 61
of Tamarac
Purchasing & Contracts Division
2. No advertising on the bus shelters shall contain any duplication of
traffic control devices, e.g. stop or yield signs. It is permitted
however, to state directions i.e., "Turn left at next stop sign."
3. Whenever possible, the installation of advertising displays, devices
and materials will take place during hours of minimum passenger
activity.
4. The Contractor shall make available up to five (5) non -advertising
shelters for placement at locations as designated by the City.
These locations shall be non -revenue with no fees paid to City.
5. Any revenues due and payable to the City under the terms of this
Agreement shall be remifted to the City's finance department semi
annually by the 1 oth of the months of January and July for the
preceding 6 month period. Payment shall be remitted with the
following information for each shelter location: shelter #, location
and name of advertiser.
E. MANUFACTURER/MODEL
In an effort to provide a consistent aesthetic appeal, the City of Tamarac has
determined the specific design style to be utilized for this project. Offer6rs should
provide proposals for each of the two (2) models shown below:
1 Tolar Mfg. Co., Inc. 9' Dome Roof Bus Shelter Model 9ALD-
VICPM1 Flat Panel Advertising Model with Perforated Metal Walls
Preferred Option)
2. Tolar Mfg. Co., Inc. 13' Dome Roof Bus Shelter Model 13ALD-
VICPMSFL V-Panel Advertising Model with Perforated Metal Walls.
No other man ufacturer(s)lmodel(s) will be accepted by the City.
F. LOCATION
1. Shelters shall be located in accordance with the clear sight distance
standards published by the office of the City Engineer.
2. The location of shelters shall provide the minimum roadside clear
zone for rural facilities in accordance with the Florida Department of
Transportation's "Manual of Minimum Standards for Design,
Construction and Maintenance for Streets and Highways", latest
edition, Section 3.7.e.
3. All shelters shall be installed parallel to the adjacent roadway.
4. No bus shelter installed under the terms of this Agreement may be
removed except with the express consent of the City.
5. No single location may contain more than one shelter without the
express consent of the City.
6. All shelters, will be located at County transit bus stops unless
otherwise specified by the City.
7. All shelters shall contain a seating bench.
8. All shelters will contain a trash receptacle affixed and integral to the
unit.
Page 7 of 61
of Tamarac Purchasing & Contracts Division
If the Proposer wishes to submit an alternative pricing scenario, it must
first submit pricing in accordance with the Revenue Proposal, and then
include a separate alternative pricing scenario in a separate sealed
envelope marked "ALTERNATIVE REVENUE PROPOSAL" on the sealed
envelope and on the first page of the alternative pricing. Proposers who
do not submit pricing in accordance with this requirement will not receive
evaluation points for the Revenue portion. The alternative pricing will not
be scored for evaluation purposes, but may be considered if the Proposer
is selected for negotiations.
Note: The Revenue Proposal shall consist of one original and six (6)
copies.
D. Schedule
Proposer must submit a schedule as a part of the Technical Proposal.
The schedule shall provide important project milestones, including start
date for shelter construction, and project completion date, shown in days.
Failure to provide a schedule may result in disqualification of the proposal.
E. Proposal Copies
One (1) Original and two (2) sealed envelopes marked (A) and (13) MUST be
submitted and six (6) copies SHOULD be submitted by each Proposer.
However, proposal copies MUST be provided within 3 business days of the
City's request. The first sealed envelope (A) shall contain the Proposer's
Technical Proposal. The second sealed envelope (13) shall contain the
Proposer's Revenue Proposal. Submit Proposals to the City of Tamarac,
7525 NW 88th Avenue, Tamarac, Florida 33321, ATTN: Keith K. Glatz,
CPPO, Purchasing and Contracts Manager.
F. Addenda, Additional Information
Any addenda or answers to written questions supplied by the City to
participating Offeror's become part of this Request for Proposal and the
resulting contract. This Proposal form(s) shall be signed by an authorized
company representative, dated and returned with the Proposal.
No negotiations, decisions or actions shall be initiated or executed by the
Offeror as a result of any discussions with any City employee. Only those
communications, which are in writing from the Purchasing and Contracts
Manager or designee, may be considered as a duly authorized expression,
Also, only communications from Offerors, which are signed, and in writing
will be recognized by the City as duly authorized expressions on behalf of the
Offeror.
CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN
THE ABOVE -NAMED OFFICIAL(S) REGARDING THIS REQUEST FOR
PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE
SELECTION PROCESS.
Page 9 of 61
of Taniarac, Purchasing & Contracts Division
guarantee with the result being multiplied by the weight (25 points)
to arrive at a revenue score of less than the full score for monthly
minimum guarantee.
Example Formula:
PROPOSED MONTHLY MINIMUM REVENUE GUARANTEES:
Company A $10,000
Company B $7,500
Company C $5,000
Company A would be automatically assigned the highest possible score of
25 points because it proposed the highest monthly minimum guarantee. The
ratings of the other Revenue Proposals would be calculated as follows:
Company 13:
$7,500 + $10,000 .75 x 25 = 18.75 points
Company C:
1
$5,000 $10,000 .50 x 25 = 12.50 points
D. Pre -Award Survey
After proposal receipt and prior to contract award, the City reserves the right to
perform, or to have performed, an on -site survey of the Proposer's facilities. This
survey will verify the data and representations submitted, and determine that the
Proposer has overall management and financial capability to adequately meet
the City's requirements. Should the City determine that the size or nature of the
Proposer's facilities, or the number or experience of its personnel, is inadequate
to ensure successful contract performance; City has the right to reject the
proposal. City shall be the sole judge of a firm's adequacy in this survey.
E. Overall Ranking
The Committee will then determine the overall ranking by adding the total
Revenue Proposal evaluation score with the Technical Quality score to determine
the overall ranking.
Following the evaluation and ranking of the proposals, the Evaluation Committee
will recommend to the City Manager that a contract be negotiated with the
highest ranked responsive and responsible Proposer. Upon concurrence of the
City Manager, a contract will be negotiated and submitted to the Board of City
Commissioners for their approval.
F. Evaluation Method and Criteria
These weighted criteria are provided to assist the Proposers in the allocation of their
time and efforts during the submission process. The criterion also guides the
Evaluation Committee during the short -listing and final ranking of Proposers by
establishing a general framework for those deliberations.
Page 11 of 61
City of Tamarac
INSTRUCTIONS TO OFFERORS
Purchasing & Contracts Divisl'017
STANDARD TERMS AND CONDITIONS
RFP 05-01 R
1. DEFINED TERMS
Terms used in these Instructions to Offerors are defined and have the meaning
assigned to them. The term "Offeror" means one who submits a Proposal directly to
City as distinct from a Sub -Offeror, who submits a Proposal to the Offeror. The term
"Successful Offeror" means the qualified, responsible and responsive Offeror to whom
City (on the basis of City's evaluation as hereinafter provided) makes an award. The
term "City" refers to the City of Tamarac, a municipal corporation of the State of
Florida. The term "Proposal Documents" includes the Request for Proposals,
Instructions to Offerors, Proposal, Qualifications Statement, Non -Collusive Affidavit
and Public Entity Crime Statement, Corporate Resolution or Letter of Transmittal,
Proposal Security and Specifications, if any, and the proposed Contract Documents, if
any, (including all Addenda issued prior to receipt of Proposals). The term
"CONSULTANT" shall mean the individual(s) or firm(s) to whom the award is made
and who executes the Contract Documents.
2. SPECIAL CONDITIONS
Any and all Special Conditions that may vary from the General Conditions shall have
precedence.
3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
3.1 Before submitting a Proposal, each Offeror must (a) visit the site to familiarize
themselves with the facilities and equipment that may in any manner affect cost,
or, performance of the work- (b) consider federal, state and local laws,
ordinances, rules and regulaiions that may in any manner affect cost, or
performance of the work, (c) study and carefully correlate the Offeror's
observations with the Proposal Documents; and (d) notify the Purchasing and
Contracts Manager or designee of all conflicts, errors and discrepancies, if any,
in the Proposal Documents.
3.2 The Offeror, by and through the submission of a Proposal, agrees that they shall
be held responsible for having examined the facilities and equipment;
familiarized themselves with the nature and extent of the work and any local
conditions that may affect the work to be done and the equipment, materials,
parts and labor required.
4. SPECIFICATIONS
41 The apparent silence of the Specifications as to any detail, or the apparent
omission from it of a detailed description concerning any point, shall be
regarded as meaning that only the best commercial practice is to prevail and
that only material and workmanship of the finest quality are to be used.
Page 13 of 61
City of Tamarac
Purchasing & Contrads Division
6.2 All costs and compensation shall remain firm and fixed for acceptance for
ninety (90) calendar days after the day of the Proposal opening.
6.3 The costs and compensation proposed shall include all franchise fees,
royalties, license fees and other costs arising from the use by such design,
equipment and/or materials in any way involved in the work as well as all costs
of transporting and service to the required locations.
7. NON -COLLUSIVE AFFIDAVIT FORM
Each Offeror shall complete the Non -Collusive Affidavit Form and shall submit
the form with the Proposal. City considers the failure of the Offeror to submit this
document to be a major irregularity and may be cause for rejection of the
Proposal.
8. PUBLIC ENTITY CRIMES
In accordance with F.S. q287.133 (2)(ah A person or affiliate who has been
placed on the convicted vendor list following a conviction for public entity crime
may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold
amount provided in Florida Statutes Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
9. CONFLICT OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112,
Florida Statutes, Offerors must disclose with their Proposal the name of any officer,
director, partner, proprietor, associate or agent who is also an officer or emp ' loyee of
City or any of its agencies. Further, all Offerors must disclose the name of any
officer or employee of City who owns, directly or indirectly, an interest of five percent
(5%) or more in the Offeror's firm or any of its branches or affiliate companies.
10. PERFORMANCE BONDS AND INSURANCE
Prior to acceptance of the proposal, the Successful Offeror, when required by the
Special Conditions, shall submit performance bonds, certificates and/or policies of
insurance in the manner, form and amount(s) specified in the Special Conditions.
11. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS
The following is a summary of documents which must be submifted by each Offeror:
Page 15 of 61
City of Tamarac Purchasing and Contract Division
e�"�
law, the Request for Proposal and the responses thereto are in the public
domain. However, the Offerors are requested to identify specifically any
information contained in their Proposals which they consider confidential
and/or proprietary and which they believe to be exempt from disclosure,
citing specifically the applicable exempting law.
12.7 All Proposals received from Offerors in response to the Request for Proposal
will become the property of City and will not be returned to the Offerors. In
the event of Contract award, all documentation produced as part of the
Contract shall become the exclusive property of City.
13. MODIFICATION AND WITHDRAWAL OF PROPOSALS
13.1 Proposals may be modified or withdrawn by an appropriate document duly
executed (in the manner that a Proposal must be executed) and delivered to
the place where Proposals are to be submitted at any time prior to the
deadline for submitting Proposals. A request for withdrawal or a modification
must be in writing and signed by a person duly authorized to do so.
Evidence of such authority must accompany the request for withdrawal or
modification. Withdrawal of a Proposal will not prejudice the rights of an
Offeror to submit a new Proposal prior to the Proposal opening date and
time. After expiration of the period for receiving Proposals, no Proposal may
be withdrawn or modified.
13.2 If, within twenty-four (24) hours after Proposals are opened, any Offeror files
a duly signed, written notice with City and within five (5) calendar days
thereafter demonstrates to the reasonable satisfaction of City by clear and
convincing evidence there was a material and substantial mistake in the
preparation of its Proposal, or that the mistake is clearly evident on the face
of the Proposal but the intended correct Proposal is not similarly evident,
then Offeror may withdraw its Proposal and the Bid Security will be returned.
Thereafter, the Offeror will be disqualified from further bidding on the subject
Contract.
14. REJECTION OF PROPOSALS
14.1 To the extent permitted by applicable state and federal laws and regulations,
City reserves the right to reject any and all Proposals, to waive any and all
informalities not involving price, time or changes in the work with the
Successful Cifferor, and the right to disregard all nonconforming, non-
responsive, unbalanced or conditional Proposals. Proposals will be
considered irregular and may be rejected if they show serious omissions,
alterations in form, additions not called for, conditions or unauthorized
alterations, or irregularities of any kind.
14.2 City reserves the right to reject the Proposal of any Offeror if City believes
that it would not be in the best interest of the City to make an award to that
Offeror, whether because the Proposal is not responsive or the Offeror is
unqualified or of doubtful financial ability or fails to meet any other pertinent
standard or criteria established by City.
Page 17 of 61
City of Taniarar
Explosion, Collapse, Underground Hazard
Prod ucts/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Purchasing and Contract Division
Line of Business/ Coverage Occurrence Aggregate
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Liability Statutory
Professional Liability (Errors and Ommissions) $1,000,000
Builder's Risk Insurance: In an amount not less than THE REPLACEMENT COST
for the construction of the work. Coverage shall be "All Risk" coverage for one
hundred percent (100%) of the completed value with a deductible of not more
than five thousand and xx/100 dollars ($5,000) per claim.
The City reserves the right to require higher limits depending upon the scope of work
under this Agreement.
16.5 Neither Contractor nor any subcontractor shall commence work under this
contract until they have obtained all insurance required under this section
and have supplied the City with evidence of such coverage in the form of an
insurance certificate and endorsement. The Contractor will ensure that all
subcontractors will comply with the above guidelines and will maintain the
necessary coverages throughout the term of this Agreement.
16.6 All insurance carriers shall be rated at least A-VII per Best's Key Rating
Guide and be licensed to do business in Florida. Policies shall be
"Occurrence" form. Each carrier will give the City sixty (60) days notice prior
to cancellation,
16.7 The Contractor's liability insurance policies shall be endorsed to add the
City of Tamarac as an "additional insured". The Contractor's Workers'
Compensation carrier will provide a Waiver of Subrogation to the City.
16.8 The Contractor shall be responsible for the payment of all deductibles and
self -insured retentions. The City may require that the Contractor purchase
a bond to cover the full amount of the deductible or self -insured retention.
16.9 If the Contractor is to provide professional services under this Agreement,
the Contractor must provide the City with evidence of Professional Liability
insurance with, at a minimum, a limit of $1,000,000 per occurrence and in
the aggregate. "Claims -Made" forms are acceptable for Professional
Liability.
16.10 The Successful Contractor agrees to perform the work under the Contract as
an independent Contractor, and not as a subContractor, agent or employee
of City.
PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW ANY
INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOUR
PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENTS
OF THE INSTRUCTIONS TO OFFERORS.
Page 19 of 61
of Tamafec Purchasirg and Contract Division
compensation; and selection for training, including apprenticeship. The Successful
Offeror(s) shall agree to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
20. TAXES
Successful Offeror shall pay all applicable sales, consumer use and other similar
taxes required by law.
21. PERMITS, FEES AND NOTICES
Successful Offeror shall secure and pay for all permits and fees, licenses and
charges necessary for the proper execution and completion of the work. The costs
of all permits, fees, licenses and charges shall be included in the price Proposal,
except where expressly noted in the specifications requirement.
22. TERMINATION FOR CAUSE AND DEFAULT
In the event Successful Offeror shall default in any of the terms, obligations,
restrictions or conditions in any of the Proposal documents, City shall give written
notice by certified mail, return receipt requested to Successful Offeror of the default
and that such default shall be corrected or actions taken to correct such default shall
be commenced within thirty (30) calendar days thereof. In the event Successful
Offeror has failed to correct the conditions of default or the default is not remedied to
the satisfaction and approval of City, City shall have all legal remedies available to it,
including, but not limited to termination of the Contract in which case Successful
Offeror shall be liable for all procurement and reprocurement costs and any and all
damages permitted by law arising from the default and breach of the Contract.
23. TERMINATION FOR CONVENIENCE OF City
Upon seven (7) calendar days written notice delivered by certified mail, return
receipt requested, to Successful Offeror, City may without cause and without
prejudice to any other right or remedy, terminate the Agreement for City's
convenience whenever City determines that such termination is in the best interests
of City. Where the Agreement is terminated for the convenience of City, the notice
of termination to Successful Offeror must state that the Contract is being terminated
for the convenience of City under the termination clause and the extent of
termination. Upon receipt of the notice of termination for convenience, Successful
Offeror shall promptly discontinue all work at the time and to the extent indicated on
the notice of termination, terminate all outstanding subContractors and purchase
orders to the extent that they relate to the terminated portion of the Contract and
refrain from placing further orders and subcontracts except as they may be
necessary, and complete any continued portions of the work.
24. AUDIT RIGHTS
City reserves the right to audit the records relating to this contract of Successful
Offeror at any time during the performance and term of the Contract and for a
period of three (3) years after completion and acceptance by City. If required by
City, Successful Offeror shall agree to submit to an audit by an independent certified
public accountant selected by City. Successful Offeror shall allow City to inspect,
examine and review the records of Successful Offeror at any and all times during
normal business hours during the term of the Contract.
Page 21 of 61
of Tamarac
Submitted by:
Purchasing and Contract Division
e, —I--....--- --
REVENUE PROPOSAL FORM
RFP NO. 05-01R
Retum in a Separate Seated Envelope
I I EW I RE :44TA4 L, 1914:10010OW-Al �TA [No 1:15WO]
City of Tamarac
Purchasing and Contracts Manager
7525 Northwest 88 Ih Avenue
Tamarac, Florida 33321
Date
1. The undersigned Proposer proposes and agrees, if this Proposal is accepted, to
enter into a contract with the City to perform and furnish all Work as specified
herein for the Contract Price and within the Contract Period indicated in this
Proposal.
2. This Proposal will remain subject to acceptance for sixty (60) days after the day
of Proposal opening. Proposer will sign and submit the necessary documents
required by the City within fifteen (15) days prior to the date of the City's Award or
as specified in the RFP requirements.
a) Proposer has familiarized itself with the nature and extent of the contract
documents, locality, and all local conditions and laws and regulations that in
any manner may affect cost, progress, performance or furnishing of the
Work.
b) Proposer has given the City written notice of all conflicts, errors or
discrepancies that it has discovered in the contract documents and the
written resolution thereof by the City is acceptable to Proposer.
c) This Proposal is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization or
corporation; Proposer has not directly or indirectly induced or solicited any
other Proposer to submit a false or sham Proposal; Proposer has not
solicited or induced any person, firm or corporation to refrain from Proposing;
and Proposer has not sought by collusion to obtain for itself any advantage
over any other Proposer or over the City.
3. Proposer agrees that the Work will be substantially performed and complete in
accordance with the schedules established herein.
Page 23 of 61
City of Tamarac Purchasing & Contracts Division
I t,-"r -
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE BID
We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the
Invitation to Bid. We (1) certify that we(l) have read the entire document, including the
Specifications, Additional Requirements, Supplemental Attachments, Instructions to
Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of
the requirements of the entire Invitation To Bid.
Indicate which type of organization below:
INDIVIDUALF-1 PARTNERSHIPF-1 CORPORATION 0 OTHERD
If "Other", Explain:
Authorized Signature
Title
Company Name
City/State/Zip
Fax Number
Name (Printed Or Typed)
Federal Employer I.D./Social Security No.
Address
Telephone
Contact Person
Page 25 of 61
of Tamarac
OFFEROR'S QUALIFICATION STATEMENT
& Contracts Division
The undersigned certifies under oath the truth and correctness of all statements and of
all answers to questions made hereinafter:
SUBMITTED TO: City of Tamarac
Purchasing and Contracts Manager
7525 NW 88 th Avenue
Tamarac, Florida 33321
Company:
Contact Name:
Address:
City, State, Zip
Telephone No.
Fax No.
Check One
FICorporation
Partnership
Individual
Other
1 State the true, exact, correct and complete name of the partnership, corporation,
trade or fictitious name under which you do business and the address of the place
of business.
2.
The correct name of the Offeror is:
The address of the principal place of business is:
If Offeror is a corporation, answer the following:
a) Date of Incorporation:
b) State of Incorporation:
c) President's name:
d)
e)
9
Vice President's name:
Secretary's name:
Treasurer's name:
g) Name and address of Resident Agent:
Page 27 of 61
of Tamarac
& Contracts Division
11. Have you ever failed to complete any work awarded to you? If so, state when,
where and why:
12. State the names, telephone numbers and last known addresses of three (3)
owners, individuals or representatives of owners with the most knowledge of work
which you have performed and to which you refer (government owners are
preferred as references).
Name Address Teleph ne
. ..... .....
13. List the pertinent experience of the key individuals of your organization (continue
on insert sheet, if necessary).
14. State the name of the individual who will have personal supervision of the work:
. . ................
15. State the name and address of attorney, if any, for the business of the Offeror:
.. . . ........ ....... . . ................. . .. . .............. . . ..... . . ...... . . .. ---------- ----- . ......... . .. . .. . .... . ............ . . .... -- ...... ........ .. ........ . ......
16. State the names and addresses of all businesses and/or individuals who own an
interest of more than five percent (5%) of the Offeror's business and indicate the
percentage owned of each such business and/or individual:
I .... . ....... .... . .. .............. . ..... . ....... ...
17. State the names, addresses and the type of business of all firms that are partially
or wholly owned by Offeror:
Page 29 of 61
City of Tamarac Parchasing-A Contracts Division
The Offeror acknowledges and understands that the information contained in response
to this Qualification Statement shall be relied upon by owner in awarding the contract
and such information is warranted by Offeror to be true. The discovery of any omission
or misstatement that materially affects the Offeror's qualifications to perform under the
contract shall cause the owner to reject the proposal, and if after the award, to cancel
and terminate the award and/or contract.
Signature
ACKNOWLEDGEMENT
OFFEROR'S QUALIFICATION STATEMENT
State of
County of
On this the day of 1 20 — , before me,
the undersigned Notary Public of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand and official seal.
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
0 Personally known to me, or
0 Produced identification:
(Type of Identification Produced)
0 DID take an oath, or
0 DID NOT take an oath
Page 31 of 61
City of Tamarac
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of _
Purchasing & Contracts oivis�inn
On this the . day of 1 20_, before me, the undersigned Notary Public
of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
0 Personally known to me, or
0 Produced identification:
(Type of Identification Produced)
0 DID take an oath, or 0 DID NOT take an oath
Page 33 of 61
of Tamarac Purchasing & Contracts Division
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal
certifying they have a drug -free workplace in accordance with Section 287.087, Florida
Statutes. This requirement affects all public entities of the State and becomes effective
January 1, 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free
workplace programs, Whenever two or more bids that are equal with respect to price,
quality, and service are received by the State or by any political subdivision for the
procurement of commodities or contractual services, a bid received from a business that
certifies that it has implemented a drug -free workplace program shall be given
preference in the award process. Established procedures for processing tie bids will be
followed if none of the tied vendors have a drug -free workplace program. In order to have
a drug -free workplace program, a business shall:
Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug -free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under
bid, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of chapter 893 or of any controlled substance law of the United States or
any state, for a violation occurring in the workplace no later that five (5) days
after each conviction.
5. Impose a section on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section. As the person authorized to sign the statement, I
certify that this form complies fully with the above requirements.
Authorized Signature
Company Name
Page 35 of 61
of Tamarac
LIST OF SUBCONTRACTORS
& Contracts Division
The Bidder shall list below the names and business address of each subcontractor who
will perform Work under this Bid in excess of one-half of one percent of the Contractor's
Total Bid Price, and shall also list the portion of the Work that will be done by such
subcontractor. After the opening of bids, no changes or substitutions will be allowed
except as otherwise provided by law. The listing of more than one subcontractor for
each item of Work to be performed with the words "and/or"will not be permitted. Failure
to comply with this requirement will render the Bid as non -responsive and may cause its
rejection.
Work to Be Performed % Total Contractor Subcontractor
Contract License No. Name/Address
Page 37 of 61
7010 University Dr - McNab Road - East side
7200 University Dr. - In front of Piccadilly CafL& - East side
7800 University Dr - In front of Kidney Center - East side
7912 University Dr - Tropical Plants Business - East side
8290 University Dr - First Medical Bldg. - East Side
2340 University Dr - Southgate Blvd. - East Side
7825 Southgate Blvd - University Drive - North side
8299 University Dr - Amoco Station - West side
7707 University Drive - Woodmont - West side
5000 Commercial Blvd - Sabal Palm - South side
4999 Commercial Blvd - Sabal Palm - North side
5825 University Drive - Midway Plaza - West side
McNab Rd - NW 93 Ave - South side
5703 University Dr - Midway Plaza - West side
9910 McNab Rd - Nob Hill Rd - North side
5369 SR 7- West side
9910 McNab Rd - Nob Hill Rd - South side
4102 Commercial Blvd. - W of SR 7 - South side
8161 University Dr - University Club Apts, - West side
6799 University Drive - McNab Rd - West side
8245 NW 88 Ave - East side
8600 NW 88 Ave - East side
8275 NW 88 Ave - West side
8759 NW 57 St - North side
7911 NW 57 St - North side
6734 University Drive - McNab Rd - East side
SE Corner of Commercial Blvd -State Road 7--fronting Commercial
Blvd.
Page 39 of 61
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Broward Co. Bus Ridership Tamarac Stops 2002
Stop Location of Stop
ID
Routes Average Daily
Served Boardings
Average Daily Total
Aliqhtings Activitv
2268
NW 64 AINW 57 S
57
0
0
0
2271
BAILEY RD/NW 61 ST
57
13-75
0
13.75
2517
NW 64 A/COM BLVD
57
0
2.75
2.75
2533
NW 77 SNOB HILL R
62
7.14
1.43
8.57
2595
PN IS R/MCNAB R (S)
88
0.83
7.46
8.29
2649
NW 31 A/COM B
31
33
28.5
61.5
2803
COM B/441
11,55,57
28.97
86.17
115.13
2804
BAILEY R/RK IS RD
57
2.75
0
2.75
2805
MCNAB R/NW 70 A
62
2.14
2.14
4.29
2806
NW 76 S/UNIV D
57
0
0
0
2807
NW 76 S/NW 72 A
57
2.75
0
2.75
2808
NW 76 S/NW 70 A
57
2.75
0
2.75
2809
MCNAB R/BRKWD BLVD
57,62
2,86
8.57
11.43
2810
BAILEY RD/SHAKER VL
57
5.5
0
5.5
2811
COM B/NW 73 AV
55,57
0.73
2,2
2.93
2812
MCNAB R/LIME BAY L
62
4.29
1.43
5,71
2827
MCNAB R/NW 100 A
62
7.14
7.14
14,29
2828
MCNAB R/UNIV D
62
11.43
12.86
24.29
2829
MCNAB R/BRKWD D
62
1.43
0
1.43
2870
MCNAB R/UNIV D
57,62
17.64
53.57
71-21
2871
MCNAB R/SNNLNO BNK
57,62
1.43
0
1.43
2872
MCNAB R/NW 84 AV
57,62
0
0.71
0.71
2873
MCNAB R/SHOPS-TMRC
57,62
4.18
7.86
12.04
2874'MCNAB
RMW 94 A
57,62
0
0.71
0.71
2875
WSTWD D/NW 99 A
62
0.71
0.71
1.43
2876
WSTWD D/NW 97 A
62
5.71
0
5.71
2877
WSTWD D/NW 74 C
62
3.57
3.57
7,14
2878
SGT E B/NOB HLL R
62
3.57
4.29
7.86
2879
SGTE B/NW 93 A
62
1.43
0
1.43
2883
MCNAB R/UNIV D
62
51.43
3.57
55
2884
MCNAB R/LAGOS-CAMPO
57,62
3.57
7,86
11.43
2886
CRL SPR D/SGTE B
62,88
6.4
9.61
16.01
2936
CRL SPR D/SGTE 8
88
8.29
4.56
12.85
2937
SGTE B/CRL SPR D
62
10.71
3.57
14,29
2938
SGTE B/NW 93 A
62
0
0
0
2939
SGTE B/NW 95 A
62
1.43
1.43
2.86
2940
SGTE B/NW 9 1 T
62
0
0.71
0.71
2990
MCNAB R/NW 98 A
62
0
0
0
2992
MCNAB R/NW 70 AV
57,62
4.89
2.86
7.75
3006
MCNAB R/NW 947
62
2.14
0
2.14
3011
SGTE BMW 95 A
62
0
0.71
0.71
3021
BAILEY RD/NW 55 LN
57
2.75
0
2.75
3204
UNIV D/NW 78 S
2
0
0
0
3205
UNIV D/NW 82 S
2
52
0
52
3207
UNIV D/NW 82 S
2
52
0
52
3208
UNIV D/UNIV CLUB APT
2
0
0
0
3209
UNIV D/NW 72 S
2
0
0
0
3222
UNIV D/NW 57 S
2
104
208
312
3223
UNIV D/#6000
2
0
0
0
3228
UNIV D/CONCORD VL 1
.2
of
01
0
Page 43 of 61
Broward Co. Bus Ridership Tamarac Stops 2002
Stop Location of Stop
ID
Routes Average Daily
Served Boardinas
Average Daily Total
Aliahtinas Activity
4345
NOB HILL R/MCNAB
57
0
2.75
2.75
4346
NOB HILL R/NW 67 ST
57
0
2.75
2.75
4347
NOB HILL R/PLUM BAY
57
0
2.75
2.75
4351
MCNAB R/NW 92 AV
57,62
6.93
11.93
18.86
4353
COM B/UNIV DR
55,57
24-38
73.88
98-27
4610
COM B/441
55,57
114.4
80.67
195-07
4756
PRSPCT RX 2873
11
9.9
19.8
29.7
4777
BAILEY RD/WOODLND B
57
0
2.75
2.75
5033
RK IS R/BAILEY
57
0
2.75
2.75
5034
RK IS R/SPRNG HOUSE
57
0
0
0
5035
COM B/NW 50 AV
55,57
10.27
0.73
11
5036
COM B/NW 49 AV
55,57
22
0.73
2.93
5037
COM B/NW 47 TR
55,57
4.4
16.68
21.08
5064
COM B/RK IS R
55
4.4
2.2
6.6
5065
COM B/WDLD B
55
2.93
4.4
7.33
5066
COM B/NW 57 W
55
2.93
5.87
8.8
5067
COM B/NW 58 W
55
7,33
8.8
16.13
5068
COM BIWHITE OAK L
55
1.47
1.47
2.93
5070
COM B/NW 79 A
55
0.73
7.33
8.07
5071
COM B/NW 82 AV
55
1.47
3.67
5.13
5072
COM B/NW 84 T
55
0
0.73
0.73
5073
COM BITIVIRC COM CTR
55
0
3.67
3.67
5074
COM B/PINE IS R
55
2.2
12.47
14.67
5075
COM B/NW 91 A
55
0.73
4.4
5.13
5076
COM B/NW 94 A
55
2.2
5.13
7.33
5077
COM B/SNRS MUSIC T
55
0
0
0
5093
COM B/WHITE OAK L
55
0.73
1,47
2.2
5094
COM B/BANYAN L
55
5.87
7.33
13.2
5095
COM B/WDLD B
55
3.67
2.93
6.6
5096
COM B/RK IS R
55
16-13
3.67
19.8
5097
COM B/MNLD D
55
38.87
51.33
90.2
5098
COM B/441
55
70.4
10.27
80.67
5099
COM B/NW 37 A
55
12.47
0
12.47
5100
COM BIFDOT
55
16.13
1.47
17.6
5105
PRSPCT R/COM B
11
1.65
4.95
6.6
5 110
PRSPCT R/NW 53 ST
11
4.95
3.3
8.25
5130
PN IS R/NW 81 S
88
2.49
0
2.49
5131
PN IS R/NW 79 S
88
0.83
0.41
1.24
5132
PN IS R/NW 78 S
88
2.07
0.83
2.9
5133
PN IS R/NW 77 S
88
4.98
1.66
6.63
5134
PN IS R/TIVIRAC CITY HALL
88
0
0
0
5135
PN IS R/WOODMONT A
88
0.41
1.66
2.07
5136
PN IS R/NW 70 S
88
3.73
0
3.73
5137
PN IS R/NW 67 C
88
0.41
0
0.41
5138
PN IS R/PARADISE D
88
2.07
0.41
2.49
5139
PN IS R/NW 58 ST
88
1.24
1.24
2.49
5167
SGTE B/PN IS R
62
1
0
6.43
6.43
5188
PN IS R/COM 8 (N)
88
10.78
7.05
17.83
5190
PN IS R/NW 61 S
88
0.83
2.49
3.32
5191
PN IS R/COLONY WEST
88
0
0.411
0.411
Page 45 of 61
of Tamarac
SAMPLE
AGREEMENT
BETWEEN THE City OF TAMARAC
AND
and Contracts Division
THIS AGREEMENT is made and entered into this day of _, 20
by and between the City of Tamarac, a municipal corporation with principal offices located
at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and, a corporation with
principal offices located at (the "Contractor") to provide for Bus Shelter
Construction, Installation and Maintenance.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1 . THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Request for Proposals (RFP)
05-01 R, including all conditions therein, (General, Special and other Conditions), drawings
and specifications, all addenda issued prior to, and all modifications issued after, execution
of this Agreement, and the Contractor's proposal included herein. These Contract
Documents form the Agreement, and all are as fully a part of the Agreement as if attached
to this Agreement or repeated therein.
2. TERM
The initial term of this Agreement shall be for a ten (10) year period commencing on
1 200_ and ending $ 200_
Contractor shall begin installation of shelters not later than ninety (90) days from
execution of Agreement or on a space available basis.
City shall have the sole option to renew this Agreement for one (1) additional five (5)
year term. Written notice of the City's intent to renew shall be provided to Contractor one
hundred twenty (120) days prior to the expiration of this Agreement.
3. TERMINATION
3.1 Termination for Convenience
This Agreement may be terminated by the City for convenience, upon seven
(7) days of written notice by the terminating party to the other party for such
termination in which event the Contractor shall be paid its compensation for
services performed to termination date, including services reasonably related
to termination. In the event that the Contractor abandons this Agreement or
causes it to be terminated, Contractor shall indemnify the City against loss
pertaining to this termination.
Page 47 of 61
of Tamarac
and Confracts Division
4.4. The Contractor shall install new shelters at all locations, as specified in
Exhibit " ". Contractor shall install a minimum of five shelters per month,
Shelter locations and order of replacement to be agreed upon between the
City and Contractor.
4.5. The Contractor shall not be responsible for the removal of any existing bus
shelters installed by any previous bus shelter contractor; nor shall the
Contractor be responsible for removing any previous improvements, concrete
pads or any other additions utilized for the benefit of the previous bus shelter
contractor.
4.6. The Contractor shall at its sole cost and expense maintain all such shelters in
good and serviceable condition during the entire term of this Agreement.
Each shelter shall be routinely visited for maintenance a minimum of once
every three (3) days. Each shelter and associated pad shall be power
washed as needed however on a minimum of one time per year. The City
reserves the right to periodically inspect such shelters to determine their
condition. The Contractor shall remove, replace or recondition, to the
satisfaction of the City, any shelters, which the City determines, are not at an
approved location or no longer in good or serviceable condition. The style
and construction of any replacement shelters shall be the same as the
shelter replaced, unless prior written City approval is received. In the event
City inspects and determines that shelter is in need of cleaning or
maintenance, City shall notify Contractor who shall perform maintenance
within 2 business days. This section shall supercede any conflicting terms
and conditions included in RFP No. 05-01 R.
4.7. Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall
at all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
4.8. Contractor shall provide the City with seventy-two (72) hours written notice
prior to the beginning of work under this Agreement and prior to any schedule
change with the exception of changes caused by inclement weather.
4.9. Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
subcontractors, if any, with respect to the work and services described
herein.
Page 49 of 61
of Tamarac 11 -0-11 Purchasing and Contracts Division.
parkways, parkway drains, street surfaces, and landscaping in the parkway areas. The
work shall include furnishing and replacing planting soil, trees, shrubs, grass sod and other
ground cover planting as required to conform to the original surface condition and cross-
section as specified, and cleanup and removal of all surplus materials, rubbish and trash of
every nature remaining after the construction has been completed. The Contractor further
agrees to repair or replace public or private property in a manner acceptable to the City. All
repairs and replacements shall incorporate materials and methods similar to those used in
the original structure, unless otherwise specified. This section shall survive termination of
the Agreement.
8. RELOCATION OF SHELTERS
In the event of a change in transit stops or other transportation system designations,
changes in street design or rights -of -way or changes the City deems necessary for the
public health, safety, welfare and convenience, or changes in demographics which
materially affect the pedestrian and vehicular traffic flow at or near shelters established in
connection herewith, the Contractor, at the City's written request, shall relocate a
designated shelter to another location mutually agreed to by the City and the Contractor.
The expense in connection with such relocation shall be borne by the Contractor, and the
Contractor shall act expeditiously in order to relocate such shelters, and in the event that a
change of street design or right-of-way location shall require the relocation of a shelter, the
Contractor shall coordinate its work with the ContractorS or other personnel performing
labor in connection with the change of street design or right -of way location in order to
accomplish the relocation expeditiously and without interference to the work in connection
with the relocation of streets or right-of-way, Contractor shall not place, remove or relocate
shelters unless directed to do so in writing by the City.
9. ADVERTISING
9.1. The Contractor shall be authorized to sell and install professionally designed,
commercial advertising to be placed upon specified shelters as set forth in
Exhibit , provided, however, that advertising of tobacco, firearms,
massage parlors, adult book stores, adult theaters, adult escort services and
pornographic or obscene matters are prohibited. The determination of
objectionable, obscene or pornographic advertising shall be the right of the
City whose decisions on these matters shall be final. All advertising signs
shall have a maximum size of forty-eight (48) inches by sixty-nine (69)
inches.
9.2. Contractor shall provide at a minimum two non advertising shelters at
locations designated by City. The Contractor shall not be obligated to pay
City for these shelters.
9.3. Contractor shall provide space for City sponsored advertising messages on a
space available basis. In the event space is available for City sponsored
advertising messages, the Contractor shall provide the City with one (1)
advertising panel, per month, for each three (3) shelter locations that are in
place from time to time. In no event shall a paying customer be removed
from an ad space that the City wants to utilize for City messages. The
Page 51 of 61
of Tamarac Purchasing and Contracts Division
14. CONSENT OF PROPERTY OWNER
In the event the proposed location or removal of the shelter is on private property or
on property owned by a governmental agency other than the City, the Contractor shall
provide written consent from the property owner or governmental agency for the location or
removal of the shelter on the property. Such written consent shall be submitted with the
Contractor's application for permission to install or remove the shelter. The City agrees to
cooperate with the Contractor to help secure said written consent. In the event that a State
Shelter Permit is required the City shall submit all necessary paper work for said permit on
Contractor's behalf. All costs associated with securing the state permit shall be borne by
the Contractor. Further, the Contractor shall be responsible for preparing all necessary
paper work submitted by the City.
15. PAYMENT
In consideration of the right, privilege, and license to display advertising on transit bus
shelters throughout the City, Contractor agrees to pay City a guaranteed rate of
15.1. Contractor shall compensate the City at the guaranteed rate asset out above
or % of the net advertising revenues, whichever is greater, beginning on
th�date the shelter is placed in service or advertising panel installed,
whichever is sooner,
15.2. Net Advertising Revenues -The gross annual amount of revenues generated
by the Contractor pursuant to this Agreement, less an industry standard
deduction of fifteen percent (15%) for licensed marketing and advertising
agency commissions when applicable. No other deductions shall be
permitted under the term net advertising revenues.
15.3. Contractor shall remit payment to the City on a semi-annual basis with first
payment being due 200 _. Contractor shall submit a
report with payment to the City's Director of Finance documenting basis of
and verifying accuracy of payment. At a minimum, report shall detail the
number and location of shelter sites, name(s) of advertiser(s) and the total
advertising revenue for the previous six month period.
15.4. Upon renewals guaranteed rate to be remitted by Contractor to City shall
increase to $_ per shelter per month for the term of the renewal.
16. DELIQUIENCY
In the event Contractor fails to make the payment within 10 business days of date
due as provided herein, Contractor shall pay an interest charge for each day, or a fraction
thereof, that payment is late, An Interest Factor shall be based on the prime rate for the
Chase Manhattan Bank, N.A. plus one percent (1%). Calculation will be illustrated as
follows:
Page 53 of 61
City of Tamarac Purchasipq and Contracts Division-
17.4. COMPREHENSIVE AUTOMOBILE LIABILITY
Contractor shall also carry comprehensive Automobile Liability Insurance,
which shall include coverage for "any auto" within minimum combined single
limit of $1,000,000.
17.5. WORKERS' COMPENSATION
The Contractor and its subcontractors shall annually furnish proof of Workers'
Compensation and Employer's Liability insurance to the City in no less than
the minimum limits required by the State of Florida.
17.6. CERTIFICATE OF INSURANCE
The Contractor and subcontractors shall annually furnish the City proof of the
insurance required. The COMPANY has provided proof of existing insurance
and the certificate is attached as Exhibit to this Agreement, To be
acceptable to the City each insurance certificate shall name the City as an
additional insured and should contain a clause substantially as follows:
17.7. BUILDER'S RISK INSURANCE
The Contractor shall furnish in an amount not less than THE
REPLACEMENT COST for the construction of the work, Builder's Risk
Insurance. Coverage shall be "All Risk" coverage for one hundred percent
(100%) of the completed value with a deductible of not more than five
thousand and xx/1 00 dollars ($5, 000) per claim.
17.8. Should any of the above -described policies be canceled or undergo material
change before the expiration date, the issuing insurance Contractor will mail
thirty (30) days'written notice to the Risk Manager of the City of Tamarac,
FL,
18. AMENDMENTS/ ASSIGNMENT OF AGREEMENT
18.1. The Agreement, or any portion of the Agreement, shall not be assigned by
Contractor without prior written consent of City, which consent will not be
unreasonably withheld.
18.2. Amendments which are consistent with the purposes of this Agreement may
be made with the mutual consent of the parties which consent shall be
contained in a written document executed with the same formality as the
Agreement.
Page 55 of 61
of Tamarac
25. LIQUIDATED DAMAGES
and Contracts Division
The Contractor shall pay to the City $250.00 per day in liquidated damages for any
non -monetary breach not cured within the required time frames as set forth in this
Agreement. This liquidated damages provision shall not apply to the Contractors failure to
pay fees as required in Section 15 herein. The liquidated damages shall accrue and be
payable on a per them basis until the breach is corrected. The imposition of liquidated
damages is based on the inability of the parties to ascertain the losses the City will suffer
because of this non -monetary breach.
26. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Agreement shall commence no later than thirty
(30) days after execution of the Agreement by the City. Shelter installations shall begin
within ninety (90) days of execution and be substantially completed no later than
1 200 (180 days after execution of this Agreement).
27. INDEMNIFICATION
The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys'fees) in connection with loss of life, bodily or personal
injury, or property damage, including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with the operations of the Contractor
or its officers, employees, agents, subcontractors, or independent Contractors, excepting
only such loss of life, bodily or personal injury, or property damage solely attributable to the
gross negligence or willful misconduct of the City or its elected or appointed officials and
employees. The above provisions shall survive the termination of this Agreement and shall
pertain to any occurrence during the term of this Agreement, even though the claim may be
made after the termination hereof.
Nothing contained herein is intended nor shall be construed to waive City's rights
and immunities under the common law or Florida Statutes 768.28, as amended from time
to time.
28. NON-DISCRIMINATION
The Contractor agrees that it shall not discriminate against any of its employees
or applicants for employment because of their age, handicap, race, color, religion, sex,
or national origin, and to abide by all federal and State laws regarding non-
discrimination. The Contractor further agrees to insert the foregoing provisions in all
subcontracts hereunder except subcontracts for standard commercial supplies or raw
materials. Any violation of such provisions shall constitute a material breach of this
Agreement.
29. INDEPENDENT CONTRACTOR
Contractor is an independent Contractor under this Agreement. Personal services
provided by the Contractor shall be by employees of the Contractor and subject to
supervision by the Contractor, and not as officers, employees, or agents of the City.
Page 57 of 61
of Tamarac Purchasing and Contracts Division
35. SEVERABILITY; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The non -enforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
36. MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between the Contractor and the
City, and negotiations and oral understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended only by a written document
executed by both the Contractor and the City.
Page 59 of 61
City of Tamarac
Purchasirg and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
:SS
ffi I
lolfi
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
. of , a _ Corporation, to me
known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day of ) 200_.
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
[:] Personally known to me or
F-1 Produced Identification
Type of I. D, Produced
F1 DID take an oath, or
F] DID NOT take an oath
Page 61 of 61
3/28/2005 BUS SHELTERS RFP 05-01 R
Committee Evaluation Totals
Proposer's Name:
Culver
Clear
Amherst
Channel
No Conflict of Interest
NO
NO
Adhered to the Instructions
YES
YES
QUAL. & EXPERIENCE (40
POINTS)
BUILDING OFFICIAL
30
30
CONTROLLER
38
38
ASSISTANT CITY MANAGER
30
35
DIRECTOR, COMM. DEVELOPMENT
34
38
ABILITY TO MAINTAIN SCHED. (20 POINTS)
BUILDING OFFICIAL
20
15
CONTROLLER
18
17
ASSISTANT CITY MANAGER
18
16
DIRECTOR, COMM. DEVELOPMENT
20
18
TECHNICAL RESPONSE (40 POINTS)
BUILDING OFFICIAL
35
25
CONTROLLER
38
36
ASSISTANT CITY MANAGER
37
25
DIRECTOR, COMM. DEVELOPMENT
36
30
PRICE PROPOSAL (25 POINTS)'
BUILDING OFFICIAL
23.75
25
CONTROLLER
23.75
25
ASSISTANT CITY MANAGER
23.75
25
DIRECTOR, COMM. DEVELOPMENT
23.75
25
TOTAL POINTS
BUILDING OFFICIAL
108-75
95
CONTROLLER
117.75
116
ASSISTANT CITY MANAGER
108.75
101
DIRECTOR, COMM. DEVELOPMENT
113.75
ill
449
423
TOTAL RANKING
BUILDING OFFICIAL
1
2
CONTROLLER
1
2
ASSISTANT CITY MANAGER
1
2
PIRECTOR, COMM. DEVELOPMENT
1
2
1
1
2
*PRICE PROPOSAL FORMULA CALCULATED BY CONTROLLER TO
BE FAIR AND EQUITABLE TO BOTH PROPOSERS. FIRM WITH
EXHIBIT 3
To R, 10680
HIGHEST REVENUE OFFERING RECEIVES 25 POINTS AUTOMATICALLY.
U/2005 Bids/05-01 R Bus Shelters/05-01 R Evaluation Totals 022205.xis
REQUEST FOR PROPOSAL: BUS SHELTER CONSTRUCTOIN
INSTALLATION AND MAINTENANCE
SUBMITTED TO: PURCHASING AND CONTRACTS OFFICE
TAMARAC CITY HALL
7525 NW 88TH AVENUE
TAMARAC, FL 33321
SUBMITTED BY: CULVER AMHERST
141 FIFTH AVENUE
I I TH FLOOR
NEW YORK, NY 100 10
TEL: 212-473-5600
FAX: 212-505-6899
DATE SUBMITTED: January 5, 2005
In regard to additional outdoor media experience, prior to forming Culver Amherst,
I was Executive Vice President, Sales of Transportation Displays, Inc. (TDI) and
was instrumental in growing sales and revenue for over 100 municipalities under
contract. Please refer to the Staffing section of this proposal for more information
on our management team and their relevant experience.
Paul Theisen, Executive VP, will serve as our contract administrator for this RFP
and he has the authority to make financial and other commitments on behalf of
the firm. Please contact him by telephone at (212) 473-5600 x1 12 or fax (212)
505-6899 or email PaulT@Culvermedia.com with any questions or comments.
The enclosed proposal is valid for one hundred eighty (180) calendar days. The
legal name of the bidding entity is Culver Out of Home Media, LLC. D/b/a Culver
Amherst.
We look forward to working with the City of Tamarac to develop a successful
out -of -home media program for the residents of the city. I believe you will find
that the Culver Amherst program described in this RFP response provides
Tamarac with the highest quality bus shelter program available.
Sincerely Yours,
a dlt�—
Chrisi Dpher J. Culver
President
BUS SHELTER PROGRAM
Company Staffing & Resources
Culver Amherst is a privately held firm that has been actively involved in the shelter
advertising business since 1996. Prior to that time, its principals were pioneers in the
development of street furniture programs in Los Angeles and other markets, dating
back 1983. Please see the Bio's section for more information.
The Company employs approximately 60 employees including eight (8) individuals in
the state Florida. Local staff consists of a General Manager, sales staff and a service &
maintenance crew. For a list of local Florida adve rtisers in the Company's portfolio,
please see the References section of this proposal. In addition to local sales efforts,
the Company has developed one of the best national sales teams in the industry, with
over 100 years of joint experience selling out -of -home media to Fortune 500
companies, advertising agencies and specialized media buying services.
Financially, Culver Amherst is profitable and holds no outside debt at this time.
Although the Company is financially self-sufficient it also has the security of financial
backing from the Wicks Group of Companies, a $400 million Private Equity Fund based
in New York City. The Company is current with all its obligations. We encourage the
City to contact all of our references to confirm our reputation for paying franchise fees
on time and complying with all the terms and conditions of our municipal agreements.
CULVER AMHERST
Project Staff
Biographical Information
Christopher J. Culver
President
Paul Theisen
Executive Vice President
Michael Liu
Chief Financial Officer
Christopher Quirin
Vice President of Sales
Rick Newcomer
General Manager
Florida
Michelle Ruiz
Sales Manager
Miami
Patrick Koffler
Operations Manager
Miami
Paul Theisen
Executive Vice President
Mr. Theisen's background and qualifications include over twelve years of sales,
marketing and business development experience. Mr. Theisen currently serves as
Executive Vice President of Culver Amherst. As a founding partner of the firm, Mr.
Theisen has been instrumental in securing media properties and has led the firm's
effort to win municipal advertising franchises across the United States.
Mr. Theisen currently oversees the company's field operations, contract administration
and new business development efforts. In addition to ongoing franchise expansion, Mr.
Theisen is actively involved ' with designers, manufacturers and municipal administrators
in the development of new street furniture products, including next -generation bus
shelters, bus benches, informational kiosks and wayfinding systems.
Mr. Theisen's prior experience includes over seven years in the healthcare industry. As
Director of International Sales & Marketing at Cybex, a leading manufacturer of fitness
and sports medicine products, he built a worldwide distribution network with
representation in over 60 countries, and established subsidiaries in Germany, Belgium
and Japan. Mr. Theisen has also served as a retained consultant to manufacturers,
marketers and import/export firms in the healthcare and sporting goods industries.
Mr. Theisen holds a Bachelor of Arts degree from the University of San Diego, and a
Masters degree in Business Management from the American Graduate School of
International Management.
Chris Quirin
Vice President of Sales
Mr. Quirin's has over twenty five years of sales, marketing and business development
experience in broadcast media. Mr. Quirin currently serves as Vice President of Sales
at Culver Amherst, an innovative leader in the out -of -home media industry.
Mr. Quirin currently manages Culver Amherst's sales efforts on a local, regional and
national basis. Mr. Quirin's prior experience includes over twenty-five years in the
media industry. As Director of Business Development for Millennium Sales &
Marketing, he serviced national accounts on behalf of 250 television stations, with
billings in excess of $400 million dollars. He was instrumental in the management of 18
regional offices. He has also held positions in local ad sales for both radio and
television and been a principal with advertising agencies.
Mr. Quirin is a decorated Vietnam Veteran. He attended Buffalo State University,
majoring in English and Business Management. Mr. Quirin is married and has 3
children.
Michelle Ruiz
Sales Manager— Miami
Michelle Ruiz has over 12 years of professional experience in Out of Home advertising
sales including representing 1,500 ad benches for Miami -Dade County. Michelle is
bilingual in English & Spanish and resides in Miami with her family. She has extensive
experience in new market development and working with both national and local clients
to ensure customer satisfaction and overall program success. Michelle is a graduate of
Miami Dade Community College.
FRANCHISE AGREEMENT SUMMARY
BUS SHELTER/TRANSIT ADVERTISING
--All contracts are current.
STATE AUTHORITY TFPM Typi:
National
Coach USA
5
Transit Advertising
Florida
LYNX (Orlando)
10-
Bus Shelter
Florida
Seminole County
10
Bus Shelter
Florida
Miami -Dade
3
Bench Advertising
New York
Suffolk County
5
Transit Advertisinq
New York
Nassau County
20
Bus shelters
& Bus Benches
New York
Town of Brookhaven
10
Bus Shelter
& Bus Be—n—cFe—s
New York
Town of Isrip
10
Bus Shelter
& Bus Benches
New York
New York
California
New Jersey
New Jersey
New Jersey
�Jew Jersey
4ew Jersey
4ew Jersey
slew Jersey Township
Jew Jersey Township
Town of Babylon
Westchester County
CitY of Huntington Beach
West Oranee Township
Borough of Elmwood Pari
Town of Bloomfield
City of Bayonne
Townshie of Fairlawn
Borough of Cliffside, Park
of Lyndhurst
of Fairfield
10
10
10
20
10
20
5
15
10
10
10
—
Bus Shelter
& Bus Benches
Ki0sk & Bus Benches
Bus Shelter
& Bus Benches
Bus Shelters
Bus Shelters
Bus Shelters
Bus Shelters
Bus Shelters
Bus Shelters
Bus Shelters
Bus Shelters
1/3/2005
FRANCHISE AGREEMENT SUMMARY
BUS SHELTER/TRANSIT ADVERTISING
--All contracts are current.
STATE AUTHORITY TERM TYPE
Connecticut
Waterbury Transit District
10
Bus Shelters
Connecticut
Valley_C,O.G., Inc.
10
Bus Shelters
Connecticut
City of Bridgeport
10
Bus Shelters
Connecticut
CRy of New Britain
6
Bus Shelters
Connecticut
Naugatuck Valley
10
Bus Shelters
Ma[yland
City of Takoma Park
10
Bus Shelters
Maryland
College Park
10
Bus Shelters
Maryland
Landover Hills
20
Bus Shelters
Maryland
City of Seat Plesant
10
Bus Shelters
Maryland
City of Laurel
15
Bus Shelters
Mar
yland
Citv of Glen Arden
10
Bus Shelters
Maryland
Prince GeoMe's County
10
Bus Shelters
Ma!yland
Town of Brentwood—
10
Bus Shelters
Ma[yland
Mt. Rainier
10
Bus Shelters
Maryland
Gaithersburg
10
Bus Shelters
Massachusett
Lowell Regional Transit Ai
10
Bus Shelters
MassachusetlAftleboro
Regional Transil
10
Bus Shelters
New Hampshl
Manchester Transit Autho
15
Bus Shelters
1/312005
Note About Client Information
The pages marked CONFIDENTIAL in this section are
confidential and proprietary. Copying or distributing these pages
to any third party, including those requesting documents as part of
a FOIA request, is prohibited.
Thank you.
Culver Amherst
Partial List of Florida Advertisers
Healthcare
Entertainment
Fashion & ApRarel
Conway Dental Care
Blue Water Balloons
AMS Uniform Gallery
Dr. Lisa M. Peters
Paramount Health Clubs
Sunglass Gallery
Dr, Matilde Castellini
Win- more Amusements
Dr. Matilde Castellini
Miccosukee/Resort/Gaming/Golf
Dr. Matilde Castellini
Consumer Services
Dr. Nadeern Ahmed
Education Express
Dr. Paul Aschacher
Finance & Insurance
Laundromart
First Care Chiropractic
Allied Title Company
The UPS Store
Orlando Pain Clinic
Allstate Insurance
CHIO'S WINDOW DESIGNS
Crossroad Dental Center
AMB Home Loans, Inc
College of Business & Technology
Eldon L. Webb MD
Coldwell Banker, Justine Garcia
Valencia Community College
Kendall Pain Center
Coldwell Banker, Lorraine Chicarella
Dry Clean F1
Leon Medical
Nationwide - Pontell
DV Wireless
Pain Relief Clinic
Nationwide - Steve Lewis
Elisa's Beauty & Barber Shop
Physicians Weight loss center
Nationwide Insurance
Miami Dade Wireless
PREFERRED MEDICAL CENTER
State Farm
Mini Me Day Care Learning
Roberto Polanco, MD
State Farm/Micahel Moore
New Image Dance Co.
Task Mortgage Group
Nextel
Ace American Cash
Nico Builders Inc.
Retail
Juan Colao/State Farm Ins.
Reys Cleaners
Book Treasures
Manny Miranda Ins, Agency Inc.
Romoneda Photo
Dollar Store
Pro Agent/All State Ins.
Tamiami Xpress Lube Inc.
EXPO ELECTRONICS
Robert C. Dann Insurance Agency, Inc
Teleboro Wireless Inc,
Mitzi's Hallmark
Ron Vayo/ State Farm Ins.
Zone Fitness
University surf & Skate
Rosa Aguilar/Coldwell Bankers
Orlando Weight Mgmt
ANTIQUE MALL Y'ALL
State Farm - Jim Hughes
Acupuncture Massage College
Assist 2 Sell
State Farm - Manuel Morin
Bike Fitness
Heavenly Paints & Home Decor
The Giving Tree
A Country Cat House
Mufflers for Less
Tonya Baker Turner - State Farm
Jumping kids LLC
New York Fabrics
Top Investments
Action Communication Service, Inc.
Reef Aquariums
Unifirst Mortgage
Royal Brakes
Food Service
Chick-Fil-A
Other Dakshin Indian Cuisine Real Estate
ALTERNATIVE SOLUTIONS Knotts Berry Farm Avalar Real Estate
Cole -Ruiz Florida Prop. Maali Restaurant Barone Property Investors
Crimeline Quiznos Sub Century 21 - Michael Allende
Famous Phils El Pollon Grill Restaurant GMAG Timeshare Resales
Greg's Place, Lakeside Liquors Main Street Realtors
Jeanette Rudolpho Mama Jennie's Restaurant Orlando World Realty
Love Covenant Word Church Original Pancake House Doral Ospina Realty Inc.
Love Fellowship Christian Church Restaurant Monserrate PROFESSIONAL REAL ESTATE
Michael Brehne Ricky Bakery RE/Max - Jimmie Nelson
MLS 4 Less Sunset Bakery mer
CONRUENRAt
Note About Financial Statements
The pages marked CONFIDENTIAL in this section are
confidential and proprietary. Copying or distributing these pages
to any third party, including those requesting documents as part of
a FOIA request, is prohibited. Thank you.
.City of Tamarac
ft�rchasihg & Contracts Division
3. If Offeror is an individual or a partnership, answer the following:
a) Date of organization:
b) Name, address and ownership units of all partners:
c) State whether general or limited partnership:
4. If Offeror is other than an individual, Corporation or partnership, describe the
organization and give the name and address of principals:
5. If Offeror is operating under a fictitious name, submit evidence of Compliance with
the Florida Fictitious Name Statute.
6. How many years has your orlanization been in business under its present
business name? ft
a) Under What other former names has your organization operated?
L �_A -
7. Indicate registration, license numbers or certificate numbers for the businesses or
professions, which are the subject of this Bid. Please attach certificate of
competency and/or state registration.
F 144, 1 _PA , Afr �. � - � 6
( r �cv .1, r4o
8. Have you personally inspected the site of the proposed work?
E1Y"ES NO IC(r— qewcz 04 S TZ;T
9. Do You have a complete set of documents, including drawings and addenda?
EJYIES EINO
10. Did you attend the Pre -Proposal Conference if any such conference was held?
2YES E] No
City of Tamarac
Aft
Purchasing & Contracts Division
18. State the name of Surety Company which will be providing the bond, and name
and address of agent:
4
C�#,- �AM �/J�_
"0-5-0 9
19. Bank References:
Address
--..1q1qphone
0 -7 OL
-.A�t-Cj -7 2,V 0
20. Attach a financial statement including Offeror's latest balance sheet and income
statement showing the following items:
a) Current Assets (e.g., cash, joint venture accounts, account's receivable, notes
receivable, accrued income, deposits, materials, real estate, stocks and
bonds, equipment, furniture and fixtures, inventory and prepaid expenses):
b) Not FiXed Assets
c) Other Assets
d) Current Liabilities (e.g., accounts payable, notes payable, accrued
expentes, provision for income taxes, advances, accrued salaries, real
estate encumbrances and accrued payroll taxes).
e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding
shares par values, earned surplus, and retained earnings):
21. State the name of the firm preparing the financial statement and date thereof:
Mom�ftat+ p".pa-re(k m4eeytao Aviajj(?�4 -;�-fv.Aeoiekr�
TAI Pqyr,0,r AU'a , &tx M 6;
22. Is this fin ncial statement for the identical organization named on page one?
YES
E] NO
23. If not, explain the relationship and financial responsibility of the organization whose
financial statement is provided (e.g., parent -subsidiary).
W WE
RI
0
CULVER
Statement Of ROVennes and Cost of Sales.
Projected
2004
REVENU . ER
Ineome - Shelters and Benches 6,039,709
IncOnle - Wallscapr4 and Billboards 2,850,00o
InCOMe - Buses and Other _2
.j725,000
Total Revenues
—11,613,708
COST OF SALES
14�m Fees 4,645,200
Other 1,393,600
Total Cost of Sales
- 6,038Z800
Gross Profit __5 74,908
,5 _
r
1 9/4020W-- - - -,
DEW-IALI
CRMIT AUTHORIZATION
NUM ofBank C (-f,
Account No. _I try - I W so!� Branch
Sam _1107
-Admagag
CiW detj %,AA - state Aj
0 SP
—zip
Contact 50�2uf _=_-3ff4rfvq Telephone
F r-
Na�x ofBahk
Account No.
Street
City
zip
—StItte,
contact Tc_lcphone�
2-ti- _42-
Name ofBant
Account No. I, Branch
Street --/1 -7 Ada . E94:2
city ___.-*4qrjd I±fff= Bute v
I L% 0 C?
contact Telephone
2-fiL. J-2-9. f17
I h=bY 4uth0riZe the banking, financW and business cencerns referenced in this
Proposal, and 0-diars, to release to the
NITA and/or its credit reporting agency any inibrniation mpesW with respect to my or aU Of dle Propose* accounts and
Signature Nam
Company
Sava
city state
j0w a
Subscribed and sworn to before me dib of 2004.
Notguy PuNboll� awe adf NOW YO&
4704797
"IMed In Now York County
C.amng&Won Expires Nvernber 30; 20
We show advertisers how bus shelters penetrate the local market and bring the
client's message into the busy commercial neighborhoods of the city. Unlike
radio and TV, you can't turn the channel. Unlike newspapers and magazines,
you can't turn the page.
Pursue Client's Entire Media Budget
Unlike most outdoor advertising companies, Culver Amherst does not limit itself to
discussing outdoor advertising budgets with clients. Instead, we analyze their
entire media b udget and outline how their radio, television and print budgets can
be shifted toward outdoor advertising, thereby providing them with a more powerful
media plan at a lower overall cost.
Develop New Categories
In the early 1980's, when outdoor advertising was dominated by tobacco and
alcohol accounts, the firm's key executives were instrumental in developing new
categories, including fashion, entertain ' ment and health care products. Culver
Amherst has recently sold programs to government agencies, movie studios,
Internet companies and world-renowned artists. These are examples of just
some of the new categories we pursue in conjunction with more traditional
advertising categories.'By developing new categories, the Company is assured
of future growth.
Maintain the Highest Standards in Design & Maintenance
In building outdoor media properties, Culver Amherst seeks to create premiere
shelter advertising franchises by maintaining the highest standards in the
industry not only in advertising clientele but also in the aesthetics, operation and
maintenance of the plant. By building showcase properties, the company has
developed a reputation as a high quality operator.
120 Days & Beyond
• Installations — continue site development and installations, if needed
• Continue daily presentations to advertisers
• Review other opportunities to expand and promote program
• Develop and implement community outreach programs
Cleanin
Culver Amherst's structures will be maintained and cleaned to the highest possible
standards. In carrying out its daily routines and when training new maintenance
personnel, the Company follows these general standards:
• Hand cleaning and finishing
• Inspection of each site at least twice per week
• Use of environmentally safe chemicals
• Power steam washing a minimum of twice per year
• Pick-up and removal of trash and debris within a 50 foot radius of the shelter
• Daily log of maintenance and repair activity
• Replacement of any wrinkled or unsightly posters
• Regularly scheduled audits to monitor quality of work.
• Regularly scheduled audits of electrical connections to ensure safety and
compliance with local code (if applicable)
Shelter Illumination
All advertising shelters installed in Tamarac will be illuminated, either through traditional
electrical connections or via the Company's new solar powered illumination program.
Based on Tamarac's stated preference for self-contained illumination components, Culver
Amherst can offer the City solar powered illumination. The firm has extensive
experience with solar powered shelters , having built out 170 such units in southern
California in 2000 and more recently installing several units in the Orlando market.
The Company looks forward to the opportunity to provide shelter illumination in
Tamarac though environmentally friendly technologies.
Installing Advertising Signs
Signs will be installed by an employee of Culver Amherst. Employees will ensure that signs are
installed on a timely basis and in a professional manner. An installation log will be maintained by
Culver Amherst and will be available for review by the City of Tamarac upon request.
Qualily Control
Culver Amherst seeks to maximize revenue generated to the City of Tamarac under this
contract. By focusing on the overall quality of the installation of advertisements and the
cleanliness of the signage, the Company has developed a reputation for developing
showcase properties. It is our intent to maintain a high level visual presentation by
installing well -designed capital equipment and by insuring the frequent cleaning of signs
and rapid replacement of tom or defaced signs. All bus shelters will be illuminated.
MAXIMIZING ADVERTISING SALES
Culver Amherst and its principles have extensive experience in installing, maintaining
and, in particular, selling outdoor advertising in over one hundred markets across the
United States. The key to our success lies in four key areas of our approach:
Dedicated Sales Force
Culver Amherst has developed its own dedicated local sales force, and is thereby able to
present the City of Tamarac bus shelter media in the best possible light. In order to
maintain the highest standards in its presentation to clients, the firm does not use outside
reps or brokers. By combining the efforts of an experienced local sales force with the
Company's strong national sales staff, we are able to maximize revenue to the City of
Tamarac. In selling advertising space, Culver Amherst always seeks to strike a balance
conjunction with more traditional advertising categories. By developing new categories,
the Company is assured of future growth.
Maintain the Highest Standards in Desijzn & Maintenance
In building outdoor media properties, Culver Amherst seeks to create premiere shelter and
bench advertising franchises by maintaining the highest standards in the industry not only
in advertising clientele but also in the aesthetics, operation and maintenance of the plant.
By building showcase properties, the Company has developed a reputation as a high quality
operator.
IV. SALES TIMELINE
Please see the Sales & Installation Plan section of this presentation
a
Nit
to] IWA on
Jll
fWal,mllm Lzmmx-
Im"
of remarac Aak Purchasing and Contract Division
REVENUE PROPOSAL FORM
(continued)
PROPOSALNO. 05-01R
. ; 0 ; r; rw=711
The City of Tamarac is hereby requesting Proposals, from qualified firms, to provide bus
shelter construction, installation and maintenance.
We propose to furnish the following in conformity with the specifications and at the below
stated revenue proposal. The Revenue Proposal quoted has been checked and cerfified to
be correct.
DESCRIPTION TOTAL COST
Monthly Minimum Guarantee ATTWC4J1LMD
The City reserves the right to reject any Proposal, if it deems that a vendor has deliberately
provided erroneous information. The undersigned declare to have specific and legal
authorization to obligate their firm to the terms of this Proposal, and further, that they have
examined the Invitation to Proposal, the instructions to Proposers, the Specifications, and
other documents included in this Proposal request, and hereby promises and agrees that,
if this Proposal is accepted, they will faithfully fulfill the terms of this Proposal together with
all guarantees and warranties thereto. The undersigned Proposer further certifies the
product and/or equipment meets or exceeds the specification as stated In the Proposal
package; and also agrees that products and/or equipment to be delivered which fail to
rneet Proposal specifications will be rejected by the City within thirty (30) days of delivery.
Return of rejection will be at the expense of the Proposer
144'�
Company Name - Authorized Signature
L 6L",- et� a -
Address
te, ZIP
Contractors License Number
ONE
Typed/Printed Name
C: ?= (_ -2 -) _53� - (0 11-2- / / 6811
Telephone & Fax Number I (--A,*--c
Contict Person E-mail Address
Page 24 of 61
Cit", of Tamarac AM6
. .. . . .................. . .. . ........ Purchasinq & Contracts Division
CERTIFIED RESOLUTION
(Name), the duly elected Secretary of
C&&A&&__AAkb1MC(Name of Corp.), a corporation organized and existing under the laws of
the State of :j Ag— do hereby certifY that the following Resolution was
unanimously adopted and passed by a quorum' of the Board of Directors of the said corporation at
a meeting hold in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)", the
duly I cted can
(Title of officer) of
(Name of Corp.) be and is IYeTebY authorized to execute
an su mit a Bid atorn8ld Bond,'if such bond is required, to the City of Tamarac and such other
InStWhOrtts in writing as may be necessary on behalf of the said corpareflion; and that the
Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said
corporation as its own acts and deeds. The secretary shall certify the names and signatures of
those authorized to act by the foregoing resolution.
The City Of Tamarac shall be fully Protected in relying upon such certification of the secretary and
shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or
damage resulting from or growing out of honoring, the signature ofany person so Certified or for
refusing to honor.,any signature not so certified.
I further certify that the above, resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the name, titles and official signatures of those persons
authorized to act by the foregoing resolution.
NAME
TITLE
SIGNATURE
Given under my hand nd the S al of the said corporation this _Z!:� day of 20_PL�
(SEAL)
By: ::��LtL
Notary Public, State of Now York
No. 4704797 Secretary
Ouallfled In New York County
-Cogftlsslon Expires November 30, 20
NOTE:
Corporate itle
The above is a suggested form of the type of Corporate Resolution desired. Such form need
not be followed -explicitly, but the Certified Resolution Submitted must clearly show to h
satisfaction of the City of Tamarac that the person signing the Bid and INd B t e
ond for the
corporation has been property empowered by the corporation to do so in its behalf .
Jon 14 OS 01stop
Culver Rmherst
4078567039
P. I
A
Purchazina and
Contracils Division
City of Tamarac
"Committed to Excei1ence ... Atways"
ADDENDUM NO. 2
BID NO. 05-01R
BUS SHELTER CONSTRUCTION, INSTALLATION a MAINTENANCE
DATE OF ADDENDUM: January 5, 2005
The following clarifications, changes, additions and/or deletions are hereby made part of
the Contract Documents for RFP` No. 05-01R, Bus Shelter Construction, Installation &
Maintenance.
Note: The Proposal Due Date has changed from January 5, 2006 to
Thursday, January 20, 2005 DY 4;00 P,M- LCSW_ time. This Vill be the FINAL
extension of the Proposal Due Date.
All submittals must be received no later than January 20, 2005 by 4;00 PM local time, at
Tamarac City Hall, 7526 NW Se Avenue, Room 108, Tamarac, FL 33321.
This addendum should be returned with your proposal submittal.
NAME OF PROPOSER:
ca,� P�Plq a 4/ 7 — 0 F AAMC- /V, E� ;4 1) / z 9:�!
blel+ (!-m-e 11AFV X114HE"e-S-7—
7525 NW a8th Averwe a Tamarac, Florida 33321-2401 0 (954) 724-2450 0 Fox (954) 724-2408 N www.tamciroc.org
Equed OpporturMy Empkyvar
of Tarnarac
& C017tracts DMS1017
LW'kTFs1@]_A ;I �i AT5eTt4,',4 ;I W_,T0_3 4
Preference may be given to vendors submitting a certification with their bid/propogal
certifying they have a drug -free workplace in accordance with Section 287-087, Florida
Statutes. This requirement aff6cts all public entities of the State and becomes effective
January 1, 1991. The special condition is as follows:
IDEN11CAL, TIE BIDS - Preference may be given to businesses with drug -free
workplace programs. Whenever two or more bids that are equal with respect to price,
quality, and service are received by the State or by any political subdivision for the
procurement of commodities or contractual services, a bid received from a business that
certifies that it has implemented a drug -free workplace program shall be given
preference in the award process. Established procedures for processing tie bids will be
followed if none of the tied vendors have a drug-frep workplace program. In order to have
a drug -free workplace program, a business shall:
1 Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees' about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug -free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations. . .
3. Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under
bid, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of chapter 893 or of any controlled substance law of t - he United States or
any state, for a violation occurring in the workplace no later that five (5) days
after each conviction.
5. Impose a section on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section. As the person authorized to sign the statement, I
C his form complies fully with the above requirements.
- a U I V Y, LV�6
Authorized Signature Company Name
Page 35 of 61
Cj1Y of Tamarac
PUrChasing a Contracts Division
NON401-LUSIVE AFFIDAVIT
State of —Mkt� )ss.
County of 1P �(-
U
being first duly sworn,
deposes and says that:
&/she is the
R �sentativr Agent) of "Owner, Partner, Officer,
- Q v %W ,AII 1-0- 1.-L� thq Offerqr
thif� Iias sUbmitted the attached Proposal; 4L V
2. He/she is fully inform, ed respecting the Preparation and contents of the attached
Proposal and of all Pertinent circumstances respecting such Proposal;
3. Such Proposal is genuine and is not a collusive or sham Proposal;
4. Neither the said Offeror nor any of its officers, partners, own rs, agents,
representatives, employees or parties in interest, including this affient7have in any
Way c011uded, conspired, connived or agreed, directly or indirectly, with any other
Offeror, firm, or person to submit a collusive or sham Proposal 1n connection with
the Work for Mich the attached Proposal has been sub.mitted; or to refrain from
bidding in connection with such Work; or have in any manner, directly or indirectly,
sought by agreement or collusion, or Communication, or conference with any
Offeror, firm, or person to fix the price or prices in the attached Proposal or of any
other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price
or the Proposal price of any other Offeror, or to secure through any collusion,
conspiracy, connivance, or unlawful agreement any advantage against (Recipient),
or any person interested in the proposed Work;
5. The price or prices quoted in the attached Proposal are fair and proper and are not
taiinted by any collusion, conspiracy, connivance, or unlawful agreement on the
part of the Offeror or any other of its agents, representatives, owners, employees
or parties in interest, including this affiant.
Signed, sealed and delivered in the presence of.
By
Witness
Witness
LEE MILLER
Notary Pubiic, State of New YQrX
No,. 4704797
Oualiffed I� New York County
Commission Expires November 3o, goAr
P,AnA, C" I �16�
Printed Nam e
Title
( 1�27
"LITM
LONG ISLAND TRANSPORTATION MANX611MENT, INC.
6&6#�T jtat- yot eau&z
December 9, 2004
Paul Culver
Market Manager
Culver Amherst
I 00-B East Jefryn Blvd.
Deer Park, NY 11729
Dear Paul:
I wanted to take this opportunity to thank you and Diana for all of your efforts, as
well as everyone at Culver Amherst, in making Long Island Transportation
Management's (LITM) Fall 2004 bus advertising campaign such a success.
Your commitment to LITM has surpassed what was expected of you personally
and of Culver Amherst as a whole — always going the ex ' tra mile. You have
supported our efforts in reducing traffic congestion and air pollution on Long
Island in addition to bringing awareness to the general commuting public by
posting our ads on buses and shelters.
Paul, on behalf of everyone at LITM and its Board of Directors, we thank you for
setting the bar as high as you have for not only the exposure you have made
possible but for the personal efforts you and Diana have made to our organiza-
tion. Culver Amherst has certainly made LITM feel as though we are the only
client you have and that our success is your success,
Yours truly,
6 W4 4VOLe-_',
Amy 134one
Marketing Manager
5 10 BROAD HOLLOW ROAD 0 SUITE 206 0 MELVILLE, NY 11747
RFP 05-01-R
Construction, Installation &
Maintenance of Bus Shelters
City of Tamarac
Culver Amherst
February 14, 2005
re
rw
I -NJ
CU
L-�
12IM-20 t
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AMHF
Opt
Why Culver Amherst?
A LOCAL Presence
LVER AMHERS Tj
Why Culver Amherst?
MAINTENANCE
Local Office
.16225 SW 11711 Ave
Local Response Line
Staffed bilingual personnel
to receive service calls
Rapid Repairs
Quick Turnaround through
Stocking of all parts.
Market Knowledge
Patrick Koffler,
Operations Manager
16 years In South Florida
Service Routing Analysis
30 Day Period Upon
Installation
Cleaning
Scheduled two or more
visits/week
0 Graffiti Abatement
Why Culver Amherst?
Implementation Plan
45 Days
(after Notice to Proceed)
Meet with City Liaison to walk through
Permitting Process
Draw & Submit Site Plans for City Approval
e City has some plans on file
Confirm Design Acceptance with City
Tolar Mfq Model 13-ALD-VICPMSFL or Model
9-ALD-VICPM1
—, Submit order to Manufacturer
— Agree upon installation schedule
— Begin Concrete work (Subcontractor)
Why Culver Amherst?
Implementation Plan
0 135 — 180 Days
—, Receipt of Final Shelter Shipment
— Installation of Final Shelters
Review Service Routing Analysis and adjust
as needed
City of Tamarac Purchasing and Contracts Divh.�ion
. . .......... . ..................... . ......... ......... - .. . . .. . ............................................................. 1-111-11,111-�,.l--.....-----.(t . ............................
AGREEMENT
BETWEEN THE City OF TAMARAC
AND
CULVER OUT OF HOME MEDIA LLC
THIS AGREEMENT is made and entered into this/3 day of aA2zz I
2005 by and between the City of Tamarac, a municipal corporation with$rincipal offices
located at 7525 N.W. 88 th Ave., Tamarac, FL 33321 (the "City") and Culver Out of Home
Media LLC, a New York limited liability corporation with principal offices located at 141 5th
Avenue, 11 th Floor, New York, NY 10010 (the "Contractor") to provide for Bus Shelter
Construction, Installation and Maintenance.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1. THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Request for Proposals (RFP)
05-01 R, including all conditions therein, (General, Special and other Conditions), drawings
and specifications, all addenda issued prior to, and all modifications issued after, execution
of this Agreement, and the Contractor's proposal dated January 5, 2005 included herein.
These Contract Documents form the Agreement, and all are as fully a part of the
Agreement as if attached to this Agreement or repeated therein.
2. TERM
The initial term of this Agreement shall be for a ten (10) year period commencing on
May 1, 2005 and ending April 30, 2015.
Contractor shall begin installation of shelters not later than ninety (90) days from
execution of Agreement or on a space available basis.
City shall have the sole option to renew this Agreement for one (1) additional five (5)
year term. Written notice of the City's intent to renew shall be provided to Contractor one
hundred twenty (120) days prior to the expiration of this Agreement.
3. TERMINATION
3.1 Termination for Convenience
This Agreement may be terminated by the City for convenience, upon seven
(7) days of written notice by the terminating party to the other party for such
termination in which event the Contractor shall be paid its compensation for
services performed to termination date, including services reasonably related
to termination, In the event that the Contractor abandons this Agreement or
causes it to be terminated, Contractor shall indemnify the City against loss
pertaining to this termination.
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City of Tamarac Purchasiny and Contrack; Division
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3.2 Default by Contractor
In addition to all other remedies available to the City, this Agreement shall be
subject to cancellation by the City should the Contractor neglect or fail to
perform or observe any of the terms, provisions, conditions, or requirements
herein contained, if such neglect or failure shall continue for a period of thirty
(30) days after receipt by Contractor of written notice of such neglect or
failure.
4. THE WORK
The Contractor shall perform all work for the City as set forth in Contractor's
proposal and as required by the Contract Documents as set forth below:
4.1. Contractor shall furnish all labor, materials, and equipment necessary to
install and maintain bus shelters at public transit stops within the City limits.
4.2. Contractor shall have the exclusive right to construct, erect, install, repair and
maintain public bus shelters at no cost to the City, and to place such shelters
at locations on public property or within the public right-of-way approved by
the City. The shelters shall remain the sole property of the Contractor and
must be removed within ninety (90) days of termination of this Agreement.
Upon termination of this Agreement, the Contractor shall no longer possess
the right to maintain, operate or install shelters within the City.The City has
approved placing and/or replacing shelters at the locations set forth herein as
Exhibit "A" to this Agreement. Contractor shall evaluate each site listed in
Exhibit "A" to determine the feasibility of placement of shelters at those
locations or at additional locations, Placement of shelters at any location is
subject to the approval and/or direction of the City. All locations shall be
public transit stops. All locations and shelter installations must conform to
federal, state, county and municipal laws, ordinances and rules and
regulations, including but not limited to the Americans with Disabilities Act,
and have the approval of the City prior to installation of the shelters in
accordance with the provisions of this Agreement. Contractor shall have the
sole responsibility, at its sole expense, to obtain all necessary local, county,
state and federal permits. All shelters shall be located within twenty-five (25)
feet of a bus stop. Only one (1) shelter is permitted at a bus stop, unless
agreed by City and Contractor that it is necessary to have more than one
shelter at a location. There shall not be an advertising bus bench allowed at
the same transit location as a permitted bus shelter. It is not the intent of the
City to allow unrestricted advertising.
4.3. All shelters shall be constructed of top grade materials and conform to the
Florida Building Code as well as all applicable state, county and municipal
codes, as described in the specifications and according to the models set
forth in Exhibit "B" to this Agreement, attached hereto and incorporated
herein as if set forth in full, The Contractor shall obtain all necessary permits
for all shelter construction. However, the City shall cooperate with the
Contractor on permitting to the fullest extent possible and in accordance with
the Florida Building Code and State Statutes.
Page 2 of 14 Pages
of Tamarac
PUrchasing and Contracts Division
4.4. The Contractor shall install one of the following bus shelter models under this
Agreement, as illustrated in.Exhibit "B":
4.4.1 Option 1: Tolar Mfg. Co. Inc. 13' Dome Roof Bus Shelter Model
9ALD-VICPMSFL V-Panel Advertising Model with Perforated Metal
Walls. Color: RAL6005 Green,
Option 2: Tolar Mfg. Co., Inc. 9' Dome Roof Bus Shelter Model
9ALD-VICPM1 Flat Panel Advertising Model with Perforated Metal
Walls. Color: RAL6005 Green.
4.4.2 The Contractor shall endeavor to provide Option 1 for the majority
of installations (13' unit), unless site conditions require the
installation of Option 2 (9'unit). The final determination regarding
the appropriate unit to install shall be provided in writing by the
City.
4.4.3 In lieu of the pole -mounted trash receptacle illustrated in Exhibit
"B", the Contractor shall provide, whenever practical or feasible, a
24 — 30 gallon expanded metal trash receptacle with liner, and 10"
opening on lid, which is appropriately secured to concrete to avoid
removal. The unit shall be finished with a weather -resistant
coating. The unit provided shall be pre -approved by the City prior
to installation. Color: RAL2005 Green.
4.5. The Contractor shall install new shelters at all locations, as specified in
Exhibit "A". Contractor shall install a minimum of five shelters per month.
Shelter locations and order of replacement to be agreed upon between the
City and Contractor.
4.6. The Contractor shall not be responsible for the removal of any existing bus
shelters installed by any previous bus shelter contractor; nor shall the
Contractor be responsible for removing any previous improvements, concrete
pads or any other additions utilized for the benefit of the previous bus shelter
contractor.
4.7. The Contractor shall at its sole cost and expense maintain all such shelters in
good and serviceable condition during the entire term of this Agreement.
Each shelter shall be routinely visited for maintenance a minimum of once
every three (3) days. Each shelter and associated pad shall be power
washed as needed, or, at a minimum, once per year. The City reserves the
right to periodically inspect such shelters to determine their condition. The
Contractor shall remove, replace or recondition, to the satisfaction of the City,
any shelters which the City determines are not at an approved location or are
no longer in good or serviceable condition. The style and construction of any
replacement shelters shall be the same as the shelter replaced, unless prior
written City approval is received. In the event City inspects and determines
that a shelter is in need of cleaning or maintenance, City shall notify
Contractor who shall perform said maintenance within 2 business days of
City's notification. This Section shall supercede any conflicting terms and
conditions included in RFP No. 05-01 R.
Page 3 of 14 Pages
City of Tamarac
Purchasing and Contracts Division
it. .......................................... .. . ........ - .............
4.8. Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall
at all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
4.9. Contractor shall provide the City with seventy-two (72) hours written notice
prior to the beginning of work under this Agreement and prior to any schedule
change with the exception of changes caused by inclement weather.
4.10. Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
sub -contractors, if any, with respect to the work and services described
herein.
5. REPAIR/REPLACEMENT/REMOVAL
5.1. In the event the City determines that a shelter should be repaired or
replaced, or, in the City's sole opinion, exhibits unacceptable or inappropriate
advertising, or does not comply with the terms and conditions of this
Agreement, the City shall give the Contractor written notice, identifying the
exact location of the shelter and which corrective measures should be taken.
5.2. Contractor shall repair, replace, take corrective measures, or remove the
shelter as specified by City within two (2) business days of receipt of such
notice.
5.3. In the event the City determines that a shelter, or any advertisement within
said shelter, constitutes a hazard to persons, pedestrians, property or
vehicular traffic, or seriously disrupts the public right-of-way, the City shall
notify Contractor to remove said shelter or advertisement immediately upon
receipt of notice, but no longer than two (2) business days from receipt of
verbal or written notification, whichever occurs first.
5.4. In the event the Contractorfails to repair, replace or remove the shelterwithin
the above -specified periods, the City shall have the right to repair, replace
and/or remove and store the shelter at the expense of the Contractor.
5.5. If a shelter is to be removed under this provision, it may be moved to another
location agreed upon between the City and Contractor.
Page 4 of 14 Pages
City of Tamarac Purchasing and Contracts Division
11 ......... . . . ...... ...........
5.6. Upon termination of this Agreement, Contractor shall have ninety (90) days to
remove all shelters. Upon expiration of said ninety (90) days, City shall have
the option to remove and store shelters at Contractor's expense. After said
ninety (90) days storage, City shall have the option to dispose of the removed
shelters at Contractor's expense.
6. MAINTENANCE
It will be the Contractor's responsibility, at Contractor's expense, to maintain the
shelter site and surrounding area for a minimum distance of ten (10) feet from the shelter to
insure that the site is free of trash, high grass, weeds or other rubbish, fumigating the shelter
as needed. Trash receptacles shall be located at all shelter sites; the Contractor will provide
trash pick up and disposal at no cost to City. Collection and disposal services shall be
provided by Contractor at a minimum of once per week, or on a more frequent basis as
determined by the City.
7. REPAIR/REPLACEMENT OF PUBLIC/PRIVATE PROPERTY
The Contractor shall repair or replace all structures or facilities on public or private
property which may have been damaged during the construction, operation or removal of
bus shelters owned by the Contractor. The work shall include, but not be limited to,
sidewalks, driveways, posts, poles, walls, fences, gates, footing, trees, shrubs, lawns,
sprinklers, curbs, gutters, utilities (both overhead and underground), manholes, catch basins,
inlets, parkways, parkway drains, street surfaces, and landscaping in the parkway areas. The
work shall include furnishing and replacing planting soil, trees, shrubs, grass, sod and any
other ground cover planting, as required to conform to the original surface condition and
cross-section as specified; and cleanup and removal of all surplus materials, rubbish and
trash of any nature remaining after the construction has been completed. The Contractor
further agrees to repair or replace public or private property in a manner acceptable to the
City. All repairs and replacements shall incorporate materials and methods similar to those
used in the original structure, unless otherwise specified. This Section shall survive
termination of the Agreement.
8. RELOCATION / ADDITION OF SHELTERS
In the event of a change in transit stops or other transportation system designations,
including the addition of new stops in areas not previously serviced, changes in street design
or rights -of -way, changes or additions the City deems necessary for public health, safety,
welfare and convenience, or changes in demographics which materially affect the pedestrian
and vehicular traffic flow at or near shelters established in connection with this Agreement,
the Contractor, at the City's written request, shall relocate a designated shelter to another
location, or add a new shelter as mutually agreed by City and Contractor. The expense in
connection with such relocation or addition shall be borne by the Contractor, and the
Contractor shall act expeditiously and shall coordinate its work with the sub -contractors or
other personnel performing labor in connection with said relocation. Contractor shall not
place, remove or relocate shelters unless directed to do so in writing by the City.
9. ADVERTISING
9.1. The Contractor shall be authorized to sell and install professionally designed,
commercial advertising to be placed upon specified shelters as set forth in
Exhibit "A", provided, however, that the advertising of tobacco, firearms,
massage parlors, adult book stores, adult theaters, adult escort services and
Page 5 of 14 Pages
City of Tamarac
Purchasing and Contracts Division
t. I ................. I --I'll,
pornographic or obscene materials are prohibited. The City shall be the sole
judge in determining which material is objectionable, obscene or pornographic,
and the City's decision on these matters shall be final. All advertising signs
shall have a maximum size of forty-eight (48) inches by sixty-nine (69) inches.
9.2. Contractor shall provide a minimum of two (2) non -advertising shelters at
locations designated by City. The Contractor shall not be obligated to pay City
for these shelters.
9.3. Contractor shall provide space for City sponsored advertising on a space -
available basis. In the event space is available for City sponsored advertising,
the Contractor shall provide the City with one (1 ) advertising panel, per month,
for each three (3) shelter locations that are in place from time to time. In no
event shall a paying customer be removed from an ad space that the City
wants to utilize for City advertising. The Contractor shall not be responsible for
paying for public service advertising material. The City shall provide all
necessary materials at its sole cost and expense. The Contractor shall install,
at no additional cost to the City, such public service advertisements within a
reasonable time after said advertisements are provided by the City to the
Contractor for installation.
10. SHELTER IDENTIFICATION
Each shelter shall be identified with a shelter number, the name of the Contractor and
either a toll -free or local telephone number.
11. TELEPHONE SERVICE
Contractor shall provide personnel to answer Contractor's business phone during
business hours if/when any citizen calls concerning shelters. A log of complaints about
shelters, including the subject of the complaint and the action taken, shall be kept and made
available to the City upon City's request.
12. AVAILABILITY
Contractor shall maintain an office in Broward County, Florida, or within 50 miles of
Broward County, Florida unless otherwise mutually agreed upon, and shall provide the
name, address, phone and fax number of a local supervising employee whom the City may
contact on a 24 hour basis, within 10 days of contract award.
13. REPORTS/INSTALLATIONS/MAINTENANCE
13-1. The Contractor shall submit a quarterly report within fifteen (15) days of the
end of each contract quarter, with first report due by January 15, 2006. Each
report shall contain the following:
13.1-1. The location and date of installation of shelters installed during
the prior quarter.
13.1-2. The location and date of removal of shelters removed during the
prior quarter.
13.1.3. A listing of all shelters located within the City and their locations,
at the end of the prior quarter.
13.1.4. A record of all maintenance performed including date, shelter
location(s) and type of work performed,
Page 6 of 14 Pages
of Tarnarac Purchasing and Contracts Division
13.2. All reports shall be sent to the City's Building Official. The form of the report
to be developed by the Contractor is subject to the approval of the City. The
City's approval shall not be unreasonably withheld.
14. CONSENT OF PROPERTY OWNER
In the event the proposed location for removal of the shelter is on private property or
on property owned by a governmental agency other than the City, the Contractor shall
provide written consent from the property owner or governmental agency for the location or
removal of the shelter on the property. Such written consent shall be submitted with the
Contractor's application for permission to install or remove the shelter. The City agrees to
cooperate with the Contractor to help secure said written consent. In the event that a State
Shelter Permit is required, the City shall submit all necessary paperwork for said permit on
Contractor's behalf. All costs associated with securing the state permit shall be borne by the
Contractor. Further, the Contractor shall be responsible for preparing all necessary
paperwork submitted by the City.
15. PAYMENT
In consideration of the right, privilege, and license to display advertising on transit bus
shelters throughout the City, Contractor agrees to pay City the following guaranteed rates:
Year 1
$20 per month per shelter
Year 2
$25 per month per shelter
Year 3
$30 per month per shelter
Year 4
$35 per month per shelter
Years 5-10
$40 per month per shelter
15.1. Contractor shall compensate the City at the guaranteed rates specified above
beginning on the date the shelter is placed in service or the advertising panel
is installed, whichever is sooner. Beginning in Year 3 of the Agreement, the
Contractor shall compensate the City at the guaranteed rate as specified
above, or 10% of the total advertising revenues, whichever is greater. For
purposes of this Agreement, "total advertising revenues" shall be defined as
the total of all monies collected for the sale of advertising. The first such
payment under this formula would be made within 6 months after the
beginning of Year 3 of the Agreement. The determination of total payment
shall be based on a comparison of aggregate advertising revenues and the
aggregate guaranteed rate for the six-month period immediately prior to the
due date of the payment.
15.2. Contractor shall remit payment to the City on a semi-annual basis, with the first
payment being due no later than January 15, 2006. Contractor shall submit a
report with each payment to the City's Director of Finance, documenting the
basis of the payment and verifying its accuracy. At a minimum, each report
shall detail the number and location of shelter sites, name(s) of advertiser(s),
and the total advertising revenue for the previous six month period.
16. DELIQUENCY
In the event Contractor fails to make the payment within 15 business days of date due
as provided herein, Contractor shall pay an interest charge for each day, or a fraction
thereof, that payment is late. An Interest Factor shall be based on the prime rate for the
Chase Manhattan Bank, N.A. plus one percent (1 %). Calculation will be illustrated as follows:
Page 7 of 14 Pages
of Tarnarac Purchasing and Contracts Division
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I
Prime rate + 1% 365 days Daily Interest Rate (DIR)
DIR X Days Payment Late Interest charge
Note: Regardless of the foregoing, the interest rate referred to in this Section will
comply with all applicable state laws.
17. INSURANCE
17-1. The Contractor shall not commence work under this Agreement until it has
obtained all insurance under this Paragraph and evidence of such insurance
coverage has been approved by the City. Contractor shall obtain at
Contractor's expense all necessary insurance in such form and amount as
required by the City's Risk and Safety Manager before beginning work under
this Agreement including, but not limited to, Workers' Compensation,
Commercial General Liability, and all other insurance as required by the City,
including Professional Liability when appropriate. Contractor shall maintain
such insurance in full force and effect during the life of this Agreement.
Contractor shall provide to the City's Risk and Safety Manager certificates of
all insurances required under this section prior to beginning any work under
this Agreement. The Contractor will ensure that all sub -contractors comply with
the above guidelines and will retain all necessary insurance in force throughout
the term of this Agreement.
17.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to add
the City as an additional insured. Contractor shall be responsible for payment
of all deductibles and self-insurance retentions on Contractor's Liability
Insurance policies.
17.3. COMMERCIAL GENERAL LIABILITY
The minimum limits of liability shall be as follows:
General Aggregate
Each Occurrence
$1,000,000
$1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Prod ucts/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
The City shall be named as an additional insured on each policy.
Page 8 of 14 Pages
City of Tamarac
Purchasing and Contracts Division
t. 1-11-1 11--_______ ....... . .......
17.4 COMPREHENSIVE AUTOMOBILE LIABILITY
Contractor shall also carry comprehensive Automobile Liability Insurance,
which shall include coverage for "any auto" within minimum combined single
limit of $1,000,000.
17.5 WORKERS' COMPENSATION
The Contractor and its sub -contractors shall furnish proof of Workers'
Compensation and Employer's Liability insurance annually to the City in no
less than the minimum limits required by the State of Florida.
17.6 BUILDER'S RISK INSURANCE
The Contractor shall furnish Builder's Risk Insurance in an amount not less
than THE REPLACEMENT COST for the construction of the work. Coverage
shall be "All Risk" coverage for one hundred percent (100%) of the completed
value, with a deductible of not more than five thousand and xx/100 dollars
($5,000) per claim
17.7 CERTIFICATE OF INSURANCE
The Contractor and sub -contractors shall annually furnish the City proof of
required insurance. The Contractor has provided proof of existing insurance,
which is attached hereto as ' Exhibit "C" to this Agreement. In order to be
acceptable to the City, each insurance certificate shall name the City as an
additional insured and should contain a clause that reads substantially as
follows:
Should any of the above -described policies be canceled or undergo material
change before said policy's expiration date, the Contractor will provide thirty
(30) days' written notice of such cancellation or material change to the Risk
and Safety Manager of the City of Tamarac, FL.
18. AMENDMENTS/ ASSIGNMENT OF AGREEMENT
18-1. This Agreement, or any portion thereof, shall not be assigned by Contractor
without prior written consent of City, which consent will not be unreasonably
withheld.
18.2. Amendments which are consistent with the purposes of this Agreement may
be made with the mutual consent of the parties, which consent shall be
contained in a written document executed with the same formality as the
Agreement.
19. NO CONTINGENT FEE
Contractor warrants that it has not unlawfully employed or retained any company or
person, other than bona fide employees, consultants or advisors to solicit or secure this
Agreement and that it has not unlawfully paid or agreed to pay any company or person any
fee, commission, percentage, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. This language is not intended to prevent the
Contractor from retaining bona fide consultants and advisors. For the breach or violation of
this provision, City shall have the right to terminate the Agreement without liability at its
discretion and to otherwise recover damages it incur as a result of the termination.
Page 9 of 14 Pages
of Tamarac Puxhasing,,wid Contracts Division
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20. RECORDS RETENTION
Contractor shall keep accurate and complete records and accounts, at a location
within Broward County, or within fifty (50) miles of Broward County, of all advertising sales,
expenses and other business being transacted under this Agreement throughout the term of
the Agreement, including any renewal terms, and for two (2) years following its expiration or
cancellation. The Contractor agrees to allow duly authorized agents of the City to access any
books, documents, papers or records which are directly pertinent to the Agreement for the
purposes of making audit examinations, excerpts, and transactions and to maintain all
required records for one (1) year after the City's final payment and all other pending matters
are closed.
"I A zip] a 11WA
This Agreement shall terminate in the case of bankruptcy (voluntary or involuntary) or
insolvency of Contractor. In the case of bankruptcy, such termination shall take effect on the
day and at the time that the bankruptcy action is filed.
22. HEADINGS
Headings hereon are for convenience of reference only and shall not be considered
for any interpretation of this Agreement.
23. COMPLIANCE
Contractor shall promptly comply with all statutes, ordinances, rules, orders,
regulations and requirements of all local, state and federal agencies that are applicable to
the services rendered under the terms of this Agreement. Furthermore, Contractor shall
secure all applicable permits necessary for the fulfillment of Contractor's obligations under
the terms and conditions of this Agreement.
24. CONSTRUCTION
The parties to this Agreement hereby acknowledge that they have fully reviewed this
Agreement and have had the opportunity to consult with legal counsel of their choice, have
participated in the negotiation and drafting of this Agreement, and therefore, this Agreement
is not to be construed against either party as if they were the drafter of this Agreement.
25. LIQUIDATED DAMAGES
The parties agree that damages consequent to breach of this Agreement are not
readily ascertainable at the time of execution of this Agreement, and agree that $250.00 per
day is an amount proportionate to the cost incurred to the City as a result of such breach.
This liquidated damages provision shall not apply to the Contractor's failure to pay
fees as required in Section 15 herein. The liquidated damages shall accrue and be payable
on a per them basis until the breach is corrected.
26. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Agreement shall commence no later than thirty
(30) days after execution of the Agreement by the City. Shelter installations shall begin
within ninety (90) days of execution and be substantially completed no later than
November 1, 2005 (180 days after execution of this Agreement).
Page 10 of 14 Pages
City of Tamarac Purchasing and Contracts Division
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27. INDEMNIFICATION
The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys' fees) in connection with loss of life, bodily or personal
injury, or property damage, including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with the operations of the Contractor
or its officers, employees, agents, su b-con tractors, or independent Contractors, excepting
only such loss of life, bodily or personal injury, or property damage solely attributable to the
gross negligence or willful misconduct of the City or its elected or appointed officials and
employees. The above provisions shall survive the termination of this Agreement and shall
pertain to any occurrence during the term of this Agreement, even though the claim may be
made after the termination hereof.
Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes §768.28, as amended from time to
time.
28. N ON-DISCRIM I NATION
The Contractor agrees that it shall not discriminate against any of its employees or
applicants for employment because of their age, handicap, race, color, religion, sex, or
national origin, and to abide by all federal and State laws regarding non-discrimination. The
Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder
except subcontracts for standard commercial supplies or raw materials. Any violation of
such provisions shall constitute a material breach of this Agreement.
29. INDEPENDENT CONTRACTOR
Contractor is an independent Contractor under this Agreement. Personal services
provided by the Contractor shall be by employees of the Contractor and subject to
supervision by the Contractor, and not as officers, employees, or agents of the City.
Personnel policies, tax responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the Contractor.
30. ASSIGNMENT AND SUBCONTRACTING
Contractor shall not transfer or assign the performance required by this Agreement
without the prior written consent of the City. Said consent shall not be unreasonably withheld
by the City. This Agreement, or any portion thereof, shall not be subcontracted without the
prior written consent of the City.
31. NOTICE
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as
follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
Page 11 of 14 Pages
City of Tamarac Purchasing and Contracts Division
CONTRACTOR
Paul Theisen, Executive Vice President
Culver Out of Home Media LLC
141 5 th Avenue, 11 1h Floor
New York, NY 100 10
PH. 212-473-5600
32. AGREEMENT SUBJECT TO FUNDING
This Agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City of
Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
33. VENUE
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this Agreement is fixed in Broward
County, Florida.
34. SIGNATORY AUTHORITY
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this Agreement.
35. SEVERABILITY; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The non -enforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
36. MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between the Contractor and the
City, and negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document executed by
both the Contractor and the City.
Remainder of This Page Left Intentionally Blank
Page 12 of 14 Pages
City of Tamarac Putchasing and Contracts Division
11.11, 1 . ........................... . . . . . .. . ........ . . ............................................... ..... ....... ... ... .. ..... -------
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its Executive Vice
President, duly authorized to execute same.
ATTEST:
CmC
City Clerk
OPMEX-MMU,
F-1111111111*11S
Signature of Corporate Secretary
Paul Theisen
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
"J6e Schreiber, Mayor
iftl2rd L;t Ann
[Jate
Jeffre(y/L. Mfler, City Manager
62 r
Dbte
and le9d sufficiency:
Mitchell q7)<raftkCAy Ntfirney
Avy-ii u, aocLi;�--
Dhte I
CONTRACTOR
Culver Out of Home Media ILLC
Contractor Name
Signature of Executive Vice President
Paul Theisen
Type Name of Executive Vice President
q/ q /*
Date I '
Page 13 of 14 Pages
City of Tamarac
Purchasing and Contracts Division
0 ............ ....... 11 11 .... .................. . ..............................
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF 1)1AW
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Paul Theisen, Executive Vice President of Culver Out of Home Media LLC, a New York
Limited Liability Corporation, to me known to be the person(s) described in and who
executed the foregoing instrument and acknowledged before me that he/she executed the
same.
WITNESS my hand and official seal thisy'd"ay of amilp '2005.
LEE MILLER
Notwy Public, State of Now Y*%
No. 4704707
Cualified In Now York CourOV
QW10"Glan Bow November 3% 804
S gna Are of Notary Public
i' iTL
State of 'A4 at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
F] DID take an oath, or
Ej DID NOT take an oath
Page 14 of 14 Pages
Al Ulm -;IJ
OW WTIV 'Zi ICSIA
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