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HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-075Temp. Reso. # 12356 June 25, 2013 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION R-2013 - 7J40 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD AND EXECUTE AN AGREEMENT TO FURNISH BUS BENCHES FOR THE CITY OF TAMARAC THROUGH DECEMBER 31, 2014 WITH UP TO TWO (2) TWO (2) YEAR RENEWAL OPTIONS UTILIZING THE CITY OF DANIA BEACH AGREEMENT WITH INSITE MARTIN OUTDOOR, LLC DATED DECEMBER 31, 2012; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the provision of bus benches by the City provides a valuable public service to residents and visitors in the City of Tamarac; and WHEREAS, the City currently has a total of seventy-five (75) bus benches placed throughout the City; and WHEREAS, the current agreement for Bus Benches is scheduled to expire on July 15, 2013; and WHEREAS, after a staff marketplace review, it was determined that an agreement awarded by the City of Dania Beach on December 31, 2012 provides the quality level of service required by the City; and WHEREAS, the Agreement awarded by Dania Beach provides a higher amount of revenue than the current agreement; and WHEREAS, the Contractor, InSite Martin Outdoor, LLC is agreeable to extend pricing to the City based on the Dania Beach agreement with the same terms, conditions and.pricing; and Temp. Reso. # 12356 June 25, 2013 Page 2 of 4 WHEREAS, Section 6-148 (g) of the Tamarac Procurement Code permits purchases of goods and services from contracts awarded by other governmental or not -for - profit entities by a formal competitive selection process; and WHEREAS, the City of Dania Beach awarded this agreement pursuant to the issuance of a competitive solicitation process, a copy of such Resolution and agreement approved by the City of Dania Beach Commission is included herein as Exhibit "1 "; and WHEREAS, the City has successfully worked with the Contractor, InSite Martin Outdoor, LLC, who is the current City Contractor for Bus Benches; and WHEREAS, the Director of Community Development and the Purchasing and Contracts Manager recommend executing an agreement between the City of Tamarac and InSite Martin Outdoor, LLC utilizing the City of Dania Beach Agreement dated December 31, 2012, a copy of such agreement is included herein as a part of Exhibit "2"); 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 authorize the appropriate City officials to accept and execute an agreement utilizing the City of Dania Beach Agreement dated December 31, 2012 through December 31, 2014, with up to two (2) two (2) year options to renew based on revenue starting at $20 per bench per month for 75 benches; and the following revenue scale based on approval of subsequent renewals. Calendar Year Monthly Cost Annual Rev/Bench Est. Total Revenue 2013 * $20 $240 $9,000 2014 $22 $264 $19,800 Contingent on Approval of Renewal Option 2015 $23 $276 $20,700 2016 $24 $288 $21,600 2017 $25 $300 $22,500 2018 $26 $312 $23,400 TOTAL REVENUE - 6 Year Program: $117,000 * Based on a 6 month revenue stream from July 1st to December 31st. Temp. Reso. #12356 June 25, 2013 Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby, ratified and confirmed as being true and correct and are hereby made a specific past of this resolution upon adoption hereof. The exhibits attached hereto are incorporated here -in a�?d made a specific part of this resolution. SECTION 2: The appropriate City officials are hereby authorized to accept and execute an Agreement with InSite Martin Outdoor, LLC valid through December 31, 2014 utilizing the City of Dania Beach Agreement with InSite Martin Outdoor, LLC dated December 31, 2012, included herein as Exhibit "2". SECTION I The City Manager or his designee is hereby authorized to approve any renewal options and the extension of said acceptance of this agreement as may be authorized by the City of Dania Beach. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this `0 day of ATTEST: PATFdIGIA TEUF�L, CMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM *41V SAMUEL S. GOREN CITY ATTORNEY Temp. Reso. #12356 June 25, 2013 Page 4 of 4 0664 ,2013. 4;;7 V BETH TALABISC MAYOR RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSHNE L DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: V/M DRESSLER AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, AUGUST 14, 2012 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE # 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER/ROLL CALL 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3, PRESENTATIONS AND SPECIAL EVENT APPROVALS 1. Presentation to Ocean Rescue Lifeguards, Cyrus Writer and Michael Vasta - Acting Director of Parks and Recreation, Mark Felicetty 4. PROCLAMATIONS 5, CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for "citizen comments." A thirty (30) minute "citizen comments" period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine, on a meeting by meeting basis, whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 6. PUBLIC SAFETY REPORTS 7, CONSENT AGENDA 1. Minutes: Approve minutes of July 24, 2012 City Commission Meeting Approve minutes of August 1, 2012 Impasse Hearing Approve minutes of August 1, 2012 Special Meeting Agenda — Dania Beach City Commission Tuesday, August 14, 2012 — 7:00 p.m. Page 2 of 9 2. Travel Requests: Request of Nicki Satterfield, Assistant Finance Director, and Cori Mayo, Controller, to attend the New World Systems User Conference 2012 in Chicago, Illinois on September 23-25, 2012 (Estimated cost $3,906.00) 3. RESOLUTION NO.2012-098 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES FROM CHEN MOORE AND ASSOCIATES, RELATING TO DRAINAGE IMPROVEMENTS ON SW 30TH AVENUE, SUCH SERVICES NOT TO EXCEED THIRTY-SIX THOUSAND FOUR HUNDRED DOLLARS ($36,400.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 4. RESOLUTION NO.2012-099 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS FOR THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY FOR USE FOR BUSINESS FACADE AND MERCHANT IMPROVEMENTS FOR FISCAL YEAR 2011-2012; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 5. RESOLUTION NO. 2012-100 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN "AS IS" RESIDENTIAL CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY AND SARAH POLIKAR TO ALLOW HER TO PURCHASE SURPLUS PROPERTY LOCATED AT 21 NW 6TH AVENUE IN DANIA BEACH, FLORIDA; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6. RESOLUTION NO. 2012-101 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN "AS IS" RESIDENTIAL CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY AND RODOLFO SOLORZANO TO ALLOW HIM TO PURCHASE SURPLUS PROPERTY LOCATED AT 1303 SW 2ND AVENUE IN DANIA BEACH, FLORIDA; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Agenda — Dania Beach City Commission Tuesday, August 14, 2012 — 7:00 p.m. Page 3 of 9 7. RESOLUTION NO.2012-102 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AND ACCEPT AN AMENDED EASEMENT FROM MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION, INC., A FLORIDA CORPORATION, AND MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "A", INC., A FLORIDA CORPORATION, (EACH INDIVIDUALLY AND COLLECTIVELY, THE "GRANTOR"), FOR PURPOSES OF DRAINAGE, WATERMAIN, STORMWATER AND OTHER SIMILAR FUNCTIONS, FOR THE BENEFIT OF THE GRANTOR AND THE REAL PROPERTY DESCRIBED ON THE ATTACHED EXHIBIT "A"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. RESOLUTION NO.2012-103 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR ADDITIONAL ENGINEERING SERVICES WITH CALVIN, GIORDANO & ASSOCIATES, INC., PERTAINING TO LIFT STATIONS NUMBERED 1, 29, 39 69 7 IN CONNECTION WITH DANIA SEWAGE PUMP STATIONS UNDER PROPOSAL NUMBER 05-5512.3 FOR PHASE I WORK, IN AN AMOUNT NOT TO EXCEED $34,720.95; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTION NO.2012-104 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE BROWARD BOATING IMPROVEMENT PROGRAM (11BBIP11) AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND BROWARD COUNTY IN THE AMOUNT OF $1,367,000.00 RELATED TO FUNDING FOR CONSTRUCTION OF DANIA BEACH MARINA IMPROVEMENTS - PHASE II; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTION NO.2012-105 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN APPLICATION WITH THE STATE OF FLORIDA IN CONNECTION WITH FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (IlFwCC11) UNDER THE FLORIDA BOATING IMPROVEMENT GRANT PROGRAM FOR A BOATING ACCESS FACILITIES GRANT IN THE AMOUNT OF $7439950.00 FOR Agenda — Dania Beach City Commission Tuesday, August 14, 2012 — 7:00 p.m. Page 4of9 CONSTRUCTION OF THE DANIA BEACH MARINA -PHASE II; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 11. RESOLUTION NO.2012-106 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A PRELIMINARY CITY CENTER DEVELOPMENT AGREEMENT WITH THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY (11CRA") AND CYNERGIE GROUP, LLC; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8, BIDS AND REQUESTS FOR PROPOSALS 1. RESOLUTION NO. 2012-097 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING A BID TO INSTTE MARTIN OUTDOOR, LLC, FOR A GUARANTEED ANNUAL FEE TO BE PAID TO THE CITY IN THE AMOUNT OF $8,400.00 (WITH ANNUAL INCREASES FOR THE NEXT FIVE (5) YEARS) FOR INSTALLATION AND MAINTENANCE OF THIRTY-FIVE (35) BUS BENCHES; FURTHER, A GUARANTEED REVENUE SHARE TO BE PAID TO THE CITY OF TEN PERCENT (10%) OF GROSS REVENUE IN THE FIRST FIVE (5) YEARS, AND TWENTY PERCENT (20%) OF GROSS REVENUE IN THE SIXTH (6) YEAR, FOR EIGHT (8) BUS SHELTERS; PROVIDING FOR ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9, PUBLIC HEARINGS 1. ORDINANCE NO.2012-019 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES BY REPEALING SECTION 2-1.2 ("LOBBYISTS; REGISTRATION AND DISCLOSURE; ENFORCEMENT") OF THE CITY CODE OF ORDINANCES AND SECTION 2-1.4 ("ANNUAL LOBBYIST REGISTRATION FEE") OF THE CODE; FURTHER, CREATING ARTICLE XI, "LOBBYING REGULATIONS" OF CHAPTER 2, "ADMINISTRATION" OF THE CITY CODE OF ORDINANCES; PROVIDING FOR THE ESTABLISHMENT OF A LOBBYIST REGISTRATION SYSTEM IN ACCORDANCE WITH SECTION 1-19, "CODE OF ETHICS FOR ELECTED OFFICIALS" OF THE BROWARD COUNTY CODE. OF ORDINANCES; PROVIDING FOR DEFINITIONS, REPORTING OF LOBBYING ACTIVITIES, PENALTIES, AND INCORPORATION OF SUBSEQUENT BROWARD COUNTY CODE AMENDMENTS; PROVIDING FOR SEVERA.BILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Agenda — Dania Beach City Commission Tuesday, August 14, 2012 — 7:00 p.m. Page 5 of 9 2. ORDINANCE NO. 2012-021 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 179 ENTITLED "OFFENSES - MISCELLANEOUS" OF THE CITY CODE OF ORDINANCES BY CREATING SECTION ARTICLE IV, "PROHIBITIONS: SYNTHETIC CANNABINOID HERBAL INCENSE AND SYNTHETIC STIMULANT BATH SALTS AND RELATED SUBSTANCESit; CREATING SECTION 17 -131, TO BE ENTITLED "PROHIBITING THE SALE, OFFER FOR SALE, PURCHASE WITH INTENT TO SELL OR PUBLIC DISPLAY FOR SALE OF SYNTHETIC CANNABINOID HERBAL INCENSE; AND BY CREATING SECTION 17-132, TO BE ENTITLED "PROHIBITING THE SALE, OFFER FOR SALE, PURCHASE WITH INTENT TO SELL OR PUBLIC DISPLAY FOR SALE OF SYNTHETIC STIMULANT BATH SALTS, SYNTHETIC CATHINONES, SYNTHETIC AMPHETAMINES AND OTHER SYNTHETIC STIMULANTS THAT MIMIC ILLEGAL DRUGS"; PROVIDING DEFINITIONS; PROVIDING FOR SEIZURE AND INJUNCTIVE RELIEF; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 3. ORDINANCE NO.2012-014 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE 220 "SUPPLEMENTAL BUILDING AND STRUCTURE HEIGHT REGULATIONS (INCLUDING LOWEST FINISHED FLOOR); "ROOFTOP REGULATIONS" IN ORDER TO PROVIDE REGULATIONS OF ROOFTOP PHOTOVOLTAIC SOLAR SYSTEMS IN RESIDENTIAL AND SMALL COMMERCIAL STRUCTURES TO IMPLEMENT THE "GO SOLAR" BROWARD ROOFTOP CHALLENGE PERMITTING PROCESS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 4. ORDINANCE NO.2012-015 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE 105 "USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS" CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR SUPPLEMENTAL USE REGULATIONS; AMENDING ARTICLE 110 "USE REGULATIONS FOR COMMERCIAL AND MIXED -USE DISTRICTS" CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR SUPPLEMENTAL USE REGULATIONS; AMENDING ARTICLE 302 "DETAILED USE REGULATIONS" CONCERNING PERMITTED, PROHIBITED AND SPECIAL EXCEPTION USES WITHIN THE COMMUNITY Agenda — Dania Beach City Commission Tuesday, August 14, 2012 — 7:00 p.m. Page 6 of 9 REDEVELOPMENT AREA (CRA) FORM -BASED ZONING DISTRICTS; AMENDING ARTICLE 305 "INCENTIVES" CONCERNING DEVELOPMENT INCENTIVES WITHIN THE COMMUNITY REDEVELOPMENT AREA (CRA) FORM -BASED ZONING DISTRICTS; AMENDING ARTICLE 725 "DEFINITIONS" TO AMEND THE DEFINITIONS USED IN THE LAND DEVELOPMENT CODE; PROVIDING FOR AMENDMENTS THROUGHOUT THE LAND DEVELOPMENT CODE TO CORRECT SCRIVENER'S ERRORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 5. ORDINANCE NO. 2012-016 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY DWAYNE L. DICKERSON, ON BEHALF OF GREENSPOON MARDER, P.A., TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE "HOBAL PLAT", PREVIOUSLY RECORDED IN PLAT BOOK 179, PAGE 98, AND GENERALLY LOCATED AT 480 EAST DANIA BEACH BOULEVARD, DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 6. ORDINANCE NO. 2012-017 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY JEFF FALKANGER, ON BEHALF OF THE DESIGN CENTER OF THE AMERICAS, TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE "DESIGN CENTER OF THE AMERICAS ", PREVIOUSLY RECORDED IN PLAT BOOK 119, PAGE 329 LOCATED AT 1855 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 7. ORDINANCE NO.2012-020 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY* OF DANIA BEACH, FLORIDA, APPROVING THE PLAT REQUEST SUBMITTED BY CRAVEN THOMPSON AND ASSOCIATES, ON BEHALF OF THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TO REPLAT A PORTION OF UNIT NO. 1 OF "HIGHLAND PARK", PREVIOUSLY RECORDED IN PLAT BOOK 12, PAGE 121 AND GENERALLY LOCATED AT 5440 ANGLERS AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Agenda — Dania Beach City Commission Tuesday, August 14, 2012 — 7:00 p.m. Page 7 of 9 8. ORDINANCE NO. 2012-018 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY LOU CAMPANILE, JR. OF McLAUGHLIN ENGINEERING COMPANY, ON BEHALF OF SUNBELT-RDF, LLC, TO AMEND THE NON -VEHICULAR ACCESS LINE AND CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE "SHOPS AT GRIFFIN SUBDIVISION", PREVIOUSLY RECORDED IN PLAT BOOK 178, PAGE 92, AND GENERALLY LOCATED AT 4801 ANGLERS AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9. RESOLUTION NO.2012-092 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY LOU CAMPANILE, JR., P.E., P.L.S., OF MCLAUGHLIN ENGINEERING COMPANY REPRESENTING SUNBELT-RDF, LLC, FOR A SPECIAL EXCEPTION USE TO ALLOW A HOTEL USE ON PROPERTY LOCATED AT 4801 ANGLERS AVENUE IN DANIA BEACH, FLORIDA, LOCATED IN A COMMERCIAL ("C-211) ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTION NO. 2012-093 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR A VARIANCE (VA-22-12) SUBMITTED BY LOU CAMPANILE, JR., P.E., P.L.S., OF MCLAUGHLIN ENGINEERING COMPANY, REPRESENTING SUNBELT-RDF, LLC, FROM THE DANIA BEACH LAND DEVELOPMENT CODE, SECTION 205, ENTITLED, "TABULAR SUMMARY OF SITE DEVELOPMENT" AND SECTION 220, ENTITLED, "SUPPLEMENTAL BUILDING AND STRUCTURE HEIGHT REGULATIONS (INCLUDING LOWEST FINISHED FLOOR) ROOFTOP REGULATIONS" AND SECTION 275-100 "LANDSCAPE REQUIREMENTS" FOR PROPERTY LOCATED AT 4801 ANGLERS AVENUE IN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 11. RESOLUTION NO.2012-094 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY LOU CAMPANILE, JR., P.E., P.L.S., OF MCLAUGHLIN ENGINEERING COMPANY ON BEHALF OF SUNBELT-RDF, LLC, FOR PROPERTY LOCATED AT 4801 ANGLERS AVENUE IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING Agenda — Dania Beach City Commission Tuesday, August 14, 2012 — 7:00 p.m. Page 8of9 FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 12.ORDINANCE NO. 2012-022 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY BATIA DAYAN ON BEHALF OF 4760 LLC, FOR A REZONING AND FLEX ALLOCATION FOR PROPERTY LOCATED AT 4760 SW 42 TERRACE IN THE CITY OF DANIA BEACH, FLORIDA, FOR PROPERTY LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE, CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RESIDENTIAL (RS-6000) TO COMMERCIAL (C-2) AND ASSIGNING A COMMERCIAL LAND USE DESIGNATION, SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 13. RESOLUTION NO. 2012-095 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST (VA-35-12) SUBMITTED BY SCOTT BAKOS WITH THE FIRM BERMELLO AJAMIL & PARTNERS, INC., REPRESENTING THE PROPERTY OWNER, DANIA BEACH DEVELOPMENT GROUP/RILEA GROUP FROM CHAPTER 28, "LAND DEVELOPMENT CODE", PART 2, ARTICLE 275, "LANDSCAPE REQUIREMENTS", FOR PROPERTY LOCATED APPROXIMATELY 550 FEET EAST OF SE 5TH AVENUE ON THE SOUTH SIDE OF EAST DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 14. RESOLUTION NO. 2012-096 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST (SP-34-1 1) SUBMITTED BY SCOTT BAKOS WITH THE FIRM BERMELLO AJAMIL & PARTNERS, INC., REPRESENTING THE PROPERTY OWNER, DANIA BEACH DEVELOPMENT GROUP/RILEA GROUP FOR PROPERTY LOCATED APPROXIMATELY 550 FEET EAST OF SE 5TH AVENUE ON THE SOUTH SIDE OF EAST DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10, DISCUSSION AND POSSIBLE ACTION 11, COMMISSION COMMENTS 11.1 Commissioner Castro Agenda — Dania Beach City Commission Tuesday, August 14, 2012 — 7:00 p.m. Page 9of9 11.2 Commissioner Duke 11.3 Commissioner Grace 11.4 Vice -Mayor McElyea 11.5 Mayor Flury 12. APPOINTMENTS 1. Airport Advisory Board Commissioner Duke - 1 appointment Commissioner Grace - 2 appointments 2. Grant Advisory Board Commissioner Castro - 1 appointment 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk - Reminders Tuesday, August 21, 2012 - 6:00 p.m. Tuesday, August 28, 2012 - 7:00 p.m. Wednesday, September 5, 2012 - 6:00 p.m. Tuesday, September 11, 2012 - 7:00 p.m. Wednesday, September 12, 2012 - 5:30 p.m. Wednesday, September 12, 2012 - 6:00 p.m. Thursday, September 20, 2012 - 6:00 p.m. Tuesday, September 25, 2012 - 6:00 p.m. Tuesday, September 25, 2012 - 7:00 p.m. 14. ADJOURNMENT Budget Workshop City Commission Meeting CRA Board Meeting City Commission Meeting CRA Budget Hearing First Budget Public Hearing Abatement Hearing Second Budget Public Hearing City Commission Meeting RESOLUTION NO.2012-097 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING A BID TO INSITE MARTIN OUTDOOR, LLC, FOR A GUARANTEED ANNUAL FEE TO BE PAID TO THE CITY IN THE AMOUNT OF $8,400.00 (WITH ANNUAL INCREASES FOR THE NEXT FIVE (5) YEARS) FOR INSTALLATION AND MAINTENANCE OF THIRTY- FIVE (35) BUS BENCHES; FURTHER, A GUARANTEED REVENUE SHARE TO BE PAID TO THE CITY OF TEN PERCENT (10%) OF GROSS REVENUE IN THE FIRST FIVE (5) YEARS, AND TWENTY PERCENT (20%) OF GROSS REVENUE IN THE SIXTH (6) YEAR, FOR EIGHT (8) BUS SHELTERS; PROVIDING FOR ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, advertisements for bids for bus benches and bus shelters in areas of the City not lying within the boundaries of the Dania Beach Community Redevelopment Agency, were placed in local papers on May 24, 2012; and WHEREAS, the City of Dania Beach opened bids for the installation and maintenance of bus benches, bus shelters or both on Friday, June 22, 2012 at 10:30 am; and WHEREAS, while there were two (2) bidders, one (1) bidder 'was non -responsive as follows: ■ InSite Martin Outdoor, LLC; ■ Creative Outdoor Advertising of America, Inc. (non- responsive); and WHEREAS, the City wishes to address its facilities for public transportation; and WHEREAS, the bus benches and bus shelters will provide the City an opportunity to make a statement and develop a theme that is unique to the City; and WHEREAS, improvements to these facilities may also attract new riders, increase the frequency of individual ridership and promote the City's transit system; and WHEREAS, the City Bid review committee recommends that the City award the bid to the responsive bidder, InSite Martin Outdoor, LLC; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing Whereas clauses are made a part of and are incorporated into this Resolution by this reference. Section 2. That the City- of Dania Beach, Florida awards the bid to InSite Martin Outdoor, LLC, for a guaranteed annual fee to be paid to the City in the amount of $8,400.00 (with annual increases for the next five (5) years) for installation and maintenance of thirty-five (35) bus benches; further, a guaranteed revenue share to be paid to the City often percent (10%) of the gross revenue for the first five (5) years, and twenty percent (20%) of the gross revenue for the sixth (6) year, for eight (8) bus shelters, and directs the City Manager to take all necessary actions to authorize the work with that company. Section 3. That all resolutions or part of resolutions in conflict with any of the provisions of this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on August 14, 2012. ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: TxoMA-9 J. Arr eta CITY ATTO Y 2 PATRICIA A. FLURY MAYOR RESOLUTION #2012-097 BUS BENCH AND BUS SHELTER ADVERTISING AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on bcta-)"jWZ, 3 / , 2012, between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") with an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and InSite Martin Outdoor, LLC, a Delaware limited liability company registered to do business in Florida ("Martin") with an address of 150 NW 70t" Avenue, Suite 3, Plantation, Florida 33317. WITNESS The City has control of space for approximately thirty-five (35) bus benches and eight (8) bus shelters in various locations within its municipal boundaries (located outside of the Dania Beach Community Redevelopment Agency boundaries) for the convenience of its citizens. The placement of bus benches and bus shelters within the City is a public service which fulfills a collateral public transportation need. The maintenance of the City's bus benches and bus shelters contemplated by Martin involve a substantial investment by Martin over a period of years. The City Commission of the City has determined that it is in the best interest of the City and its citizens to allow Martin to place bus benches and bus shelters within the City limits of the City and outside of the Community Redevelopment Agency's boundaries ("CRA Area"), in exchange for Martin's installation and maintenance of approximately thirty-five (35) bus benches and eight (8) bus shelters that are the subject of this Agreement. Martin will pay to the City, in advance, on the first day of each month, a fee in the amount of Twenty Dollars ($20-00) per bench, per month for its installation of the bus benches, and a fee equal to Ten percent (10%) of collected advertising revenue from the prior month (not including reimbursement for production and installation) of the bus shelters. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the sufficiency and adequacy of which are acknowledged by the parties to the Agreement, the parties agree as follows: 1. Martin will furnish bus benches and shelters which will be constructed and maintained as referred to in the Scope of Services in attached Exhibit "One", which is made a part of and incorporated into this Agreement by this reference. Martin will also remove its bus benches that are located within the CRA Area, after written notice to do so is sent to Martin by City. 2. The City grants to Martin the right to display appropriate advertising and to install and maintain bus benches and bus shelters with advertising within the City, but outside of the CRA Area, for the use of the public, at locations approved by the City. A copy of the map referencing the CRA boundaries is attached as Exhibit "Two", which is made a part of and incorporated into this Agreement by this reference. I The style of the bus benches and bus shelters have been selected and approved by the City. Any and all costs associated with style and color of the bus benches and bus shelters shall be borne solely by Martin, and the City shall have no liability for such incurred costs. Martin shall not be permitted to erect, place or install any additional bus benches or bus shelters in the City without the prior written approval from the City. 4. At all times, Martin shall maintain the bus benches and bus shelters in a safe condition and shall make periodic inspections to ascertain that all benches and shelters are safe and in good condition. Martin shall maintain each bus bench and bus shelter in a good state of repair and appearance, and shall keep a ten foot (10') area surrounding each bench and bus shelter free of debris, high grass, weeds and rubbish. Martin shall also be responsible for maintaining associated trash receptacles in good condition throughout the life of this Agreement and any extension periods of it. 5. Martin shall be solely responsible for the installation and maintenance of the bus benches and bus shelters in good repair and condition at no cost to the City. 6. The term of this Agreement is for two (2) years, with an option to renew for two (2) additional two (2) year periods, which may be granted at the sole option of the City Commission. At the end of the initial or extended terms of the Agreement, the parties shall be released from the terms of the Agreement, unless a renewal option is granted in writing prior to the end of the Agreement period by the City. In the event that the Agreement is not renewed, Martin shall have a period of ninety (90) days to remove all bus benches and bus shelters to which it has title. In no event shall advertising be sold for placement upon the bus benches and bus shelters beyond any term authorized in this Agreement. 7. The City shall in no way be liable to Martin for any monies or compensation for the use of such benches or shelters at any location within the City, and the sole compensation to be derived by Martin, is that which may be derived from such advertising as will appear on such benches or shelters. Further, Martin shall in no way be liable to the City for any rentals, monies, 2 profits or returns derived from any of the bus bench advertising, nor shall Martin be made to account for any of the monies or other income that may be derived by Martin from such bus bench or bus shelter advertising. Additionally, Martin agrees to indemnify and hold the City harmless from any and all claims, including attorney fees and costs which might be made against Martin, the City, or both by any person, firm or corporation entering into any Agreement with Martin for advertising on such benches and shelters, as such indemnification is further described in this Agreement. 8. Martin agrees that the Florida Department of Transportation "Comfort and Convenience Benches -Uniform Guideline", as amended from time to time, shall be implemented as a part of this Agreement. A copy of the current "Comfort and Convenience Benches -Uniform Guideline" is attached as Exhibit "Three", which is made a part of and incorporated into this Agreement by this reference. If, however, any portion of that document conflicts with the provisions in this Agreement, the provisions of this Agreement shall prevail. 9. Martin shall not commence work under this Agreement until it has obtained all insurance required by the City, as specified below and the coverages and insurance have been approved by the Risk Manager of the City. policy deductibles and self -insured retentions. In addition, Martin shall be responsible for any 9.1 Martin shall file Certificates of Insurance with the City, reflecting evidence of the coverages. They shall be filed with the City's Risk Manager within ten (10) days of the date this Agreement is fully executed. The Certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to the City. Policies for coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than "A" in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best Guide. 3 9.2 Coverages shall be in force during any and all terms of this Agreement. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of this Agreement, then in that event, Martin shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of this Agreement and any extension of it is in effect. MARTIN SHALL NOT PERFORM OR CONTINUE TO WORK PURSUANT TO THIS AGREEMENT UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. 10. Martin shall provide, pay for and maintain in force at all times during the term of this Agreement, such insurance, including General Liability insurance, Workers' Compensation insurance and Comprehensive general liability insurance as stated below: 10.1. General Liability Insurance to include bodily injury, broad form property damage, products and completed operations, blanket contractual liability with limits of not less than one million dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. City shall be named as an "additional insured" under this policy, and Martin shall provide a Certificate of Insurance evidencing coverage and named insured status on the policy to the City. 10.2. 'Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of Martin and its employees. Employers Liability. Minimum limits of One Hundred Thousand Dollars ($100,000.00) each accident. 10.3. Comprehensive General Liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City shall be named as an "additional insured" under this policy, and Martin shall provide a Certificate of Insurance evidencing coverage and named insured status on the policy to the City. 10.4 Automobile Liability with minimum limit of Five Hundred Thousand Dollars ($500,000.00) combined single limit. 0 10.5 If Martin hires a subcontractor for any portion of any work, then such subcontractor shall provide General Liability insurance with minimum limits of liability of One Million Dollars ($1,000,000-00). 10.6 Martin shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. All Certificates of Insurance must clearly identify the Agreement to which they pertain, including a brief description of the subject matter of the Agreement. 11. In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee Martin will have to pay the City before or during the Work, items or services to be provided or the percentage method or unit method of all licenses, permits and fees required by the City and payable to the City by virtue of the Work, items or services as part of this Agreement are as follows: 1 l.l. Martin shall have and maintain during the terns of this Agreement any and all appropriate City licenses, permits, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES, PERMITS, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE). 11.2 During the performance of .this Agreement, there may be times when Martin will be required to obtain a City permit for such Work, or in connection with the items or services. It is the responsibility of Martin to insure that it has the appropriate City permits as may become necessary during the performance of this Agreement. Any fees related to the City required permits in connection with this Agreement will be the responsibility of Martin. 11.3 Licenses, permits, and fees that may be required by Broward County, state or federal entities are not included in the above list. 12. Martin shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: 5 (a) bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of Martin, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable in the performance of the work; (b) any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent rights by Martin in the performance of the work; (c) liens, claims, actions made by Martin or other party performing the work; (d) claims of whatsoever nature related to collection practices or related to an attempt to collect monies due or claimed to be due to the City. 13. Martin shall remove and replace any bench or shelter for the purpose of repairing, renovating or replacing same after written notice from City. Martin shall remove, repair, renovate or replace the benches or shelters within a reasonable period of time not to exceed seventy-two (72) hours from the date of the notice. replacement shall be at the sole expense of Martin. Any such removal, repair, renovation or In the event the bench or shelter is not removed, repaired, renovated or replaced within such time, it shall be deemed abandoned and City shall have legal title and right to treat the bench or shelter in any manner it deems necessary, including but not limited to its removal, repair, renovation or replacement at Martin's expense. Although the City has the right to request a removal, the total number of authorized benches shall remain, as provided above. 14. City shall have the right to request removal or relocation of a bench or shelter if the continued maintenance of the item at the location concerned will obstruct traffic or create a hazard to public safety, welfare, convenience, or if the abutting property owner or tenant on the adjacent property can justify an objection in writing directed to City concerning the continued maintenance of the bus bench or shelter at that location. 15. Martin agrees to remove language, any design or advertising that the City in its sole and exclusive discretion, deems to be immoral, obscene, lascivious or unacceptable. It is further agreed that if the City and Martin disagree as to whether the objectionable language, design or advertising is immoral, obscene, lascivious or unacceptable, the judgment of the City R shall prevail, and Martin must abide by the City's demand for removal. In addition, Martin shall be prohibited from placing any advertising with respect to local political campaigns, whether the campaigns involve issues or offices, on any bus benches and/or bus shelters. 16. Martin agrees to remove any graffiti that may be placed on any bus benches and bus shelters within five (5) days of notification from the City. 17. There shall be no advertisement or sign on any bus bench or bus shelter that displays the words, "Stop", "Look", "Danger", or any other word, phrase, symbol or character that may interfere with, mislead, or distract pedestrians or vehicular traffic. 18. Any and all violations of this Agreement shall be brought to the attention of the parties to it by the party which charges such violations, and a notice in writing shall be directed to the one charged with the violation to cease such violation within ten (10) days from the receipt of the written notice. In the event this Agreement is cancelled because of a violation by Martin, Martin agrees to indemnity the City for any damages suffered by City as a result of it. 19. Neither party shall attempt to terminate or cancel this Agreement, whether by court action or otherwise, without having provided the other party with sixty (60) days' written notice of any alleged violation of it, together with a demand that such violation be cured within an allotted time as deemed reasonable by the City, taking into account the nature of the violation, except for matters addressed in paragraphs 21.1 and 21.2 below. 20. Notwithstanding anything contained in this Agreement, the City shall have the unilateral right to cancel and terminate this Agreement within ten (10) days of the City being advised that Martin has become insolvent by being unable to pay its debts when they become due and payable, by having the amount of its liabilities exceed the amount of its assets, if Martin commits an act of bankruptcy, makes a general assignment for the benefit of creditors, if there is filed by or against Martin a voluntary or involuntary petition in bankruptcy for the appointment of a receiver, or if Martin commences, under any law, an action related to bankruptcy, insolvency, reorganization or relief from debtors. 21. It is understood and agreed upon by and between the parties that the City may terminate or cancel this Agreement without penalty immediately upon reasonable notice to Martin and a reasonable opportunity to cure (which shall in no event be less than thirty (30) days) in the event Martin materially disregards the terms or conditions of this Agreement, or does not resolve complaints within thirty (30) days of receipt of notice of such complaint by 7 Martin. In the event of a termination under this Section 21, any money paid to City in advance shall be retained by City, and City shall incur no liability whatsoever to those who use Martin's services. 22. This Agreement shall not be assignable by Martin without the express written consent of the City. For the purpose of this paragraph, any sale or transfer of 51 % of the shares or assets of Martin, whether voluntarily or by operation of law, shall be deemed an assignment. 23. In the event of a default, the defaulting party is responsible for all costs and expenses including, but not limited to reasonable attorney fees, including appellate fees, suffered by the non -defaulting parting in conjunction with such action. 24. At the conclusion of the initial term of this Agreement (or at the conclusion of any extensions of it that may be agreed upon by the parties in writing), City shall have the sole and exclusive right to require Martin to remove all of the previously installed bus benches, bus shelters, or both from within the City. 25. Whenever any party desires to give notice to the other party, it must be given by written notice, sent by United States mail, certified, return receipt requested, addressed to the party for whom it is intended. The places for giving of the notice shall remain as set forth below until they shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, Martin and the City designate the following as the respective persons and places for giving of the notice: As to City: Robert Baldwin City Manager 100 West Dania Beach Boulevard Dania Beach, Florida 33004 As to City: Thomas J. Ansbro, Esquire City Attorney 100 West Dania Beach Boulevard Dania Beach, Florida 33004 As to Martin: InSite Martin Outdoor, LLC Attn: Scott Martin 150 NW 70th Avenue, Suite 3 Plantation, Florida 33317 26. The City and Martin respectively bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement. ►;� 27. Duties and obligations imposed by the Request for Proposal and Martin's Response to it and the rights and remedies available under them, shall be in addition to, and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law, or under this Agreement. 28. No action or failure to act by Martin shall constitute a waiver of a right or duty afforded it under this Agreement, nor shall such action or failure to act constitute approval of or acquiescence in a breach under it, except as may be specifically agreed to in writing. 29. All claims, counterclaims, disputes and other matters in question between City and Martin arising out of, relating to or pertaining to this Agreement, the breach of it, the services of it, or the standard of performance required under it, shall be addressed by resort to non -binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute(s), the parties shall resort to such mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a state court of competent jurisdiction located in Broward County, Florida, the Federal District Court of the Southern District of Florida or appropriate appellate courts for such venue and jurisdiction. The law of the State of Florida shall govern this Agreement and it is not subject to arbitration. In any litigation, the parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Agreement. The parties understand and agree that this waiver is a material term of this Agreement. 30. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and is authorized to bind and obligate such party with respect to all provisions contained in this Agreement. 31. The City's Request for Proposal for bus benches and bus shelters and Martin's Response to it and any and all exhibits referred to in this Agreement form an essential part of this Agreement. All documents, if not physically attached, are treated as part of this Agreement and are incorporated into it by this reference. If there is any inconsistency between those documents and the terms of this Agreement, the terms of this Agreement shall prevail. i 0 e I 32. If any provision of this Agreement or application of it shall to any extent be held invalid or unenforceable, by any person or situation, the remainder of this Agreement and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, and shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 33. This Agreement represents the entire and integrated Agreement between the City and Martin and supersedes all prior negotiations, representations or agreements, either written or oral. 34. Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to enforce any right contained in it, shall not be construed as a waiver or relinquishment for the future of any such provision, condition or right, but the same shall remain in fu I force and effect. 35. In the event there is a conflict between any of the terms in any of the Proposal documents, in any and all Exhibits and any terms of this Agreement, the terms of this Agreement shall prevail. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals effective the day and year first written above. ATTEST: ox) Louise Stilson, CMC City Clerk 0 KI CITY: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation APPROVED AS TO FORM AND CORRECTNESS: Th City Attorney 10 WITNESSES: Signature PR1NTName Signatu e 6�a PRINT Name STATE OF FLORIDA ) COUNTY OF'`BRou,� ) CONTRACTOR: INSITE MARTIN OUTDOOR, LLC a Delaware Limited Liability Company gnature PRINT Name/Title lef The foregoing instrument was acknowledged before me on , 20129 677 ',��¢12TI� , as �� ft!Q( of InSite Martin Outdoor, LLC, a Delaware Limited Liability Company, on behalf of the company. He/she is personally known to me or has produced as identification and did (did not) take an oath. TPAV & M�OIN,TQN My Commission Expires: 6 !'j—/(o 4W 4� rt )Wao PRINT Name of Notary Public Af EXHIBIT "ONE" L SCOPE OF SERVICES 1. ' The Vendor, at no cost to the City, shall provide all required permits, labor, materials, equipment and services necessary for providing, installing, repairing and maintaining bus benches, bus shelters or both. Benches and shelters will be placed on public property or within the public right-of-way at locations approved by the City. i Benches and shelters shall be constructed in full accordance with the latest edition of the Florida Building Code. 2. The City shall award a Contract for installation, repair and maintenance of bus benches, bus shelters or both. 3. The Vendor shall furnish and maintain public bus benches, bus shelters or both, at no cost to the City and will place such benches and shelters at locations approved in writing by the City and they shall be placed to achieve the maximum ridership and pedestrian safety and convenience. 4. All benches and shelters shall be constructed of first class materials. Vendor shall, at Vendor's expense, maintain all such benches and shelters in "like new" condition during the entire term of the Contract and the City shall have the right to inspect such benches and shelters periodically to determine their condition. Vendor shall replace or recondition to the satisfaction of the City any benches or shelters that the City determines are no longer in "like new" condition. S. The Vendor shall be authorized to provide, install and maintain, at its sole cost and expense, high quality, expertly designed commercial advertising displays to be placed upon bus benches and shelters approved and designated by the City; however, advertising of liquor, tobacco or tobacco products, political matter, adult book stores, adult theaters, adult escort services and pornographic or obscene matters and any other subject deemed objectionable by City is prohibited. The determination of objectionable, obscene or pornographic advertising shall be the right of the City and its decision on these matters shall be final. � 6. Any bus bench or bus shelter deemed to endanger life or property by the City Engineer and Chief Building Official shall be removed within one (1) day after notification is given by City to Vendor. 7. All bus benches and bus shelters shall be placed in accordance with the provisions of the Florida Administrative Code, Chapters 14-2- as amended and Florida Statutes, Section 337.407 and 337.408 as amended. In addition, the location of bus benches and bus shelters shall be subject to approval of the appropriate governmental agencies, including the City, Broward County Mass Transit Division, and the Florida Department of Transportation. 8. All bus benches and bus shelters shall meet the accessibility criteria for persons with disabilities as set out in federal, state and local law and regulations including but not limited to, Florida Statute Section 337.408 and 553.503, as amended. Vendor shall instalI accessible concrete sidewalk pathways from the roadway edge of pavement to the bus benches and bus shelters and from behind or beside the benches or shelters to an existing sidewalk abutting a right-of-way. All bus shelters shall contain a seating bench. All benches of any kind must provide raised dividers to discourage sleeping on any bench. The size of benches shall be approved in writing by the City. The Vendor shall be responsible for applying for and obtaining all necessary building permits and paying all fees for the bus benches and bus shelter structures. The Company, its qualifier or both, shall be responsible for requesting and passing all necessary inspections. H. SPECIFICATIONS The City requires that the Vendor ensure that the bus benches and shelters meet or exceed the technical specifications described below. GENERAL 1. NO electrical power is to be provided to a bus shelter in any form. Power from a self-contained system such as solar panels is permitted. 2. Vendor shall be familiar with applicable planning, engineering, public . works and electrical codes and comply with such codes at all times. 3. All liability related to operation, construction, installation and repair of transit shelters shall be the sole responsibility of the Vendor. 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. Vendor 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. 8. Figures 1 through 4 depict the general characteristics of what the City envisions to be acceptable bus bench and bus shelter designs. I III. DESIGN QUALITIES 1. Benches (See attached Figure 1-Bus Bench) a. All benches shall have ventilated seating for the comfort of bus patrons and shall be constructed of top grade materials. Advertising benches shall have an integral back design with nominal dimensions of six (6) feet wide by two (2) feet deep. Shelter seating shall not have an integral back design and have nominal dimensions to fit the shelter design. b. Benches shall be constructed of galvanized steel or other rust resistant material with durable, abrasion resistant, electrostatic paint surface coating. C. Stainless steel connections shall be provided when securing to the concrete pad, and utilize cover plates. Hardware shall be tamper resistant. d. Seating shall accommodate a minimum of three (3) persons. e. All bus benches and all shelters sha11 contain a seating bench with dividers to discourage sleeping on such benches. f. Benches shall have a trash receptacle of appropriate size containing the same characteristics as the bench design 2. Bus Shelters - (See attached Figure 2 - Bus Shelter; Figure 3 - City of Dania Beach Transit Shelter Program; and Figures 4-S2.01 and S2.02 - BCT Custom Pre -Fabricated Shelter -General Notes & Details Foundation Details) a Overall appearance — conformity with scale and character of surrounding neighborhoods and environment. Shelter designs shall reflect a quality image for the City and compliment the architectural character of each neighborhood. Proposal shall define proposed architectural details and designs. b. Detailing — roofline design, facial, framing and placement of ad panel. C. Stainless steel connections shall be provided when securing to concrete pad, and utilize cover plates. Hardware shall be tamper resistant. d. Integration of amenities into shelter design — seating placement, comfort, and transit information. Shelters must be designed to meet the current edition of the Florida Accessibility Code, the Florida Building Code, and the American with Disabilities Act Accessibility Guidelines (ADAAG); whichever is more stringent, as well as applicable state, county and municipal Codes, whichever is more stringent. e. Shall have permanent wheelchair access which allows thirty (30) inch minimum clearance on the side or Eck of the shelter, and shall not obstruct wheelchair user boarding or alighting from an accessible vehicle. Placement of shelter and seating shall not interfere with the use of existing sidewalks. f. Shall have a seating that accommodates a minimum of three (3) people. g. Shall have a trash receptacle of appropriate size containing the same characteristics and quality as the shelter design. h Lighting/Appearance at Night: See -through visibility and patron safety. i. Shall offer see -through visibility from at least three (3) directions. j . Shall be illuminated at night from dusk until dawn by solar - powered means. k. Shall not be so illuminated as to be hazardous to passing vehicle operators. 1. Photometric plans of proposed shelter lighting indicating the design luminance should be provided with the submittal. The minimum maintained lighting level within the shelter shall be suitable for night time activities. m. Protection from wind and rain. IV. ADVERTISING PANEL 1. Benches a. The advertising display shall be displayed on the front side of the seatback integral to each installation. b. The advertising display shall be no greater than six (6) feet wide by two (2) feet deep. 0 2. 2. Bus Shelter a Advertising is permissible only on the panel or kiosk panels of the shelter furthest from approaching traffic. b. The shelter shall be equipped to incorporate a standard size advertising panel with maximum dimensions of four (4) feet by six (6) feet height. C. The advertising panel shall be internally illuminated. v. PLACEMENT Benches a. All benches shall be installed parallel with the adjacent roadway and secured to the ground. b. A minimum of a six (6) foot setback from the adjacent roadway or edge of driveway shall be maintained. In curbed roads, a minimum of thirty six (36) inches setback from the back of curb shall be maintained. C. A minimum of three maintained. (3) foot sidewalk clearance shall be d. Benches shall not be located within twenty five (25) feet of the right of way intersection corner, fire hydrant, fire or police call box or any other emergency facility. e. No bench shall be placed in the median of a divided roadway. f. Only one (1) bench per bus stop will be allowed unless otherwise directed by the City. Shelters a. All shelters shall be installed parallel with the adjacent roadway and secured to the ground. b. A minimum of a four (4) foot setback from the back of the adjacent curbed roadway or edge of driveway shall be maintained, with the exception that a minimum of thirty (30) inches from the face of the curb to the roof edge of the shelter overhang shall be maintained. c A minimum of four (4) foot sidewalk clearance shall be maintained. is d. Shelters shall not be located within twenty-five (25) feet of the right of way intersection comer, fire hydrant, fire or police call box or any other emergency facility. e. All shelters shall be installed parallel to the adjacent roadway. f. No shelter shall be placed in the median of a divided roadway. 013 0711 k1q I Fill ON 711 a WE ff a ORIN 1b, is I U 0 10711 1k, 46 } - -, 4, A a r >a .rev � I�-r - -_171 "i 7 ctl - ML1►r■•1► rtYl{r:INi'r�lrl �,�•� -t T��`f_`> --�--x.'" T1' .'. ! if ■ f 7 -i►`li ~ f r~ } Is�iyi r{I;t■rrll7r 1 s iw.� :' ; . , _ ✓' A � � /+A __ t` 5 F ii�` j ' a ytNt �[ lhilw i�D `i k _r 1 I%1 rM �Ktnya "� • Tri `', � 1 y' y • . i � ,r .� � I ?,t � f`t�^n � .� ►i y h „ y � � '1= y -� r � � fir+ 4 '• r n�4i�`rr 11{y�,itt.y�♦t� F ..r - ' x . - � . r i j. 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It .r �'r r r ,AMC+►R y' S _li C i rw.h ,;&r, f-. ■ r,► J �` a �i �. rr..•,a1K1 ., y ^ ► 1 r iar1+M S �,� 11 c `-��■�+ �s�iri►••`.#�.frir.4�1 I � + r . t'.. r C1 _ -t 1 c _ � �1 �jlr i....w .�.r I. in.-r7 "• �~ .r•ir'F i L-�'�'�T om r.+ 1 r' ...15 �.r 4A,rrr- _ .�� tli_/{■ ,.tirrr�rfr. � _1 •�r� r Raj"-, At IL fill/. {.r R ' 14� • _ �'��� �7 4� �. 77 `'r j r�,,r 1 �� ~ r ! " �.., 't i s' f Y! !r * r `�, .�f. y� 'M ' '�: it a.+ `j�►l�s�-! v " - 1 At' "t,` A ��- �_ �y��M—r li .,'...�\r^.'i�.. iy1y" � L • T f, A ��* " .. e IL o e» s �A '4CVR 0 CERTIFICATE OF LIABILITY INSURANCE 1 D"1E12„",2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THI8 CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN8URER(8), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poiky(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this cerdflcatee does not confer rl"ts to the cerOflcate holder In lieu of such endorsement(s). PRODUCER Sun State Insurance 623 Northlake Blvd North Palm Beach, FL 33408 Phone * (561) 848-1886 WNSURED InSlte Martin Outdoor Llc. 150 NW 70th Ave #5 Plantation, FL 33317 COVERAGES Fax (561) 842-9996 CERTIFICATE NUMBER: Diana I u c "M (561 } $48-1886 1 iie►I &mti-. (561) 842-9996 1 INSURER(a) AFFORDING COi INSURER A: SoNedale Insurance Company INSURER B C: E: REVISION NUMBER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLBUBR POLICY NUMBER POLICY EFF POLICY EXP UMIT3 A GENERAL LIABILITY Q COMMERCIAL GENERAL LIABILITY ❑ ❑CLAIMS -MADE �/] OCCUR ❑ ❑ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- © POLICY []ECT❑ Loc Y CPS1652183 10/09/2012 10/09l2013 EACH OCCURRENCE $ 1,000 000.00 DAMAGETO PREMISES RIENTED occurrence) $ 100,000.00 MEC EXP (Any one person) $ 5,000.00 PERSONAL S AOV INJURY s 1,0009000.00 GENERAL AGGREGATE $ 2,0009000.00 PRODUCTS - COMPIOP AGG s 2,000,000.00 s AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ ALL OWNED SCHEDULED AUTOS AUTOS ❑ ❑ HIRED AUTOS ❑ NON -OWNED ❑ UMBRELLA LIAB ❑ OCCUR ❑ EXCESS LIAB ❑ CLAIMS -MADE ORIN ,2_mtINGLE LIMIT BODILY INJURY (Per person) $ BODILY INJURY (Per s $ Pt�e0rAMAGE sod nt a s EACH OCCURRENCE $ AGGREGATE _ ❑ DED ❑ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYEW UABIUTY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (MsndAwy In NH) it yyes dewAbe under DESG�RIPTION OF OPERATIONS below N / A WC STATU- OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE S E.L.DISEASE -POLICY OMIT s DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES jAttech ACORD 101, AddkWonsl Rennrko SchsduM, M nrors spoce is rsgWmd) Certificate Holder Is Listed as Additional Insured. GEER I IFICA I E HOLDER CANCELLATION City of Dania Beach Attn: City Clerk 100 W. Dania Beach Blvd. Hollywood, FL 33004-3643 ACORD 25 (2010105) QF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered =rft of ACORD No Text 410 0 01 a It= Description ................ ....... Introduction Letter Executive Summary Our Approach Methodology Bench & Shelter Designs Implementation Schedule Maintenance & Operations Sales & Marketing Compensation to the City Audited Financials Capacity to Perform References & Recommendations Qualifications & Experience Conlusion Past Failure to Complete Bankruptcy Statement Insurance Attachments M 5 6 7-12 13 14-16 17 18 19 20 21-25 26-27 28 2.9 30 31 32 InSite Martin Outdoor, LLB: 1.877.4123624 L,A I 0 Introduction June 22, 2012 Ms. Louise Stilson City Clerk 100 West Dania BEach Boulevard Dania Beach, FL 33004 Re: Bus Bench Program RFP NO.12-013 Dear Ms. Stilson: For the past ten years, one Street Furniture Company has b p y been the prominent firm in management of Transit Passenger Convenience Services: InSite Martin Outdoor, LLC. Our Company is the most well known and respected in the vast majority of Municipalities throughout South Florida as well as California and Colorado for consistent quality of product, high maintenance standards and strong financial stability. InSite Martin Outdoor, Inc. is eager to bring the City of Dania Beach the best efforts of the industry's most recognized authority. Our proposal summarizes our experience in successfully conducting similar operations in other municipalities and clearly demonstrates our firm's abilities to service the cityof Dania Beach' needs at a v level far superior than that of our competition. InSite Martin Outdoor, Inc. has a 95% success Cate when competing in an RFP/RFQ selection process and has contracts to provide bus bench services in over 30 municipalities not only y in South Florida, but throughout the United States. In all of our i Cities, we provide a menu of products and services unmatched in the industry. Furthermore, we also have a proven track record in advertising sales. InSite Martin Outdoor, Inc. has increased the number of advertisements sold to over 90% in all of the cities we operate (See Sales Section of Proposal). Our management team has over 50 years of combined experience in dealingwith contractual and service issues common t municipal - o municipal commer- cial environments. To implement these services, we have assembled a team of InSite Martin Outdoor, Inc. managers and staff members. InSite Martin Outdo or, Inc. principals are intimately involved in the day -today operations in each City. This allows for a level of focus that the City of Dania Beach can only receive from our firm. We invite a close examination of our service history (See Reference/Recommendation Section of Proposal). It will show our vision, competence, and commitment to excellence in all of our endeavors. We pledge to provide our services in concert with the interests of the citizens of the City of Dania Beach. Please see the Bus Bench Design section of our proposal. There you will find our exclusive bus benches and shelters the City may choose from, all of which we have currently installed in various Cities throughout the Country and will fit perfectly with the streetscape throughout the City. We consider our assorted bus bench and shelter products more as "Street Furniture", which should be an appealing product the City as well as its PF g p ty citizens should be proud of to both view and to utilize. On behalf of myself and the entire InSite Martin Outdoor, Inc. team we are firmlycommitted to this r project and trust this Proposal meets with your approval. I wish to thank you again for the opportunity to submit our proposal and look forward to engaging in a long term partnership with the City of Dania Beach, its citizens and local businesses. Please feel free to contact me for any additional information. Sincerely, ligc�ott Martin 954-558-4973 InSite Martin Outdoor, LLC 1.877Al2.3624 2 Executive Su- ary ns to Martin Outdooris proud to be the leading bus bench company focused purely on providing bus bench and trash recycling services, The underlying source of our success has been our ability to interpret the needs of communities and then to deliver high duality state-of-the-art bus benches, backed by rigorous maintenance and upkeep, followed by a world class sales program. Accordingly, this proposal reflects our sensitivity to the needs of Dania Beach transit users and pedestrians, and reflects our continued passion to provide the best possible service to the City of Dania �eaeMh. The face of lnsitee Martin Outdoor is arrays local; jet behind the face stand the resources of company Frith over 30 municipality contracts throughout the country (please see Capacity to Perform section). e now bring this vast programs and experience to bear on the needs of the City of Mania Beach, in response to the Request for Proposal by the Bureau of Street Services. Any bins bench program must serve diverse needs and satisfy many different interests. This one is no exception. lnsitee Martin outdoor has carefully weighed all the relevant factors :.- aesthetic, economic, environmental, civic: and security issues that will lead to an end product that. will be a credit to Dania Reach' public spaces and also yield steady revenues to the City. This proposal is in many gays unique: lnsite Martin outdoor is excited to be involved in a plan that perfectly combines civic and commercial interests, where both community aspirations and the enhancement of the urban ground go hand in hand with revenue generation. Here are three outstanding benefits to the community: (1) State-of-the-art bus beach designs not matched by anyone in the industry. Through 30 years of experience, we have strived to design street furniture that is unique and functional, durable and aesthetic. wherever we place our benches, the surrounding environment is instantly enriched; (2) one -of -a -kind inventory maintenance and tracking system. We have spent years developing an inventory system that utilizes the latest in technology to provide a truly engaging experience for our staff and the City of Dania Beach; and {3) our commitment to the environment and sustal ability. we have been a rare company amongst our peers committed to trash removal, susta nability, and recycling within out bus bench contracts. e take pride in providing these services for our municipalities to assist in keeping our planet clean and reaching our municipalities sustainability goals. In this executive summary we outline the four basic strengths of our proposal. 14 DESIGN CREATIVITY AND UNIQUENESS. Our design goal for this program is to achieve maximum functional effectiveness with bright, safe, comfortable street level amenities that powerfully express the characteristics of the city and capture its unmistakable identity. In pursuit of this objective, we are deeply conscious of this invaluable opportunity to clarify and enliven the public realm of a magnificent cityscape.. We have therefore a two -pronged mission: to create designs that convey a variety of carefully considered aesthetics, that harmonize with and enhance neighborhoods, and simultaneously to establish a uniformity of features that any comprehensive the street furniture program must have, SUSTAINABILITY. Insite Martin outdoor has furthered sustainability goals in urban environments across the country. It goes without saying that these are the sensitivities and the talents that will be incorporated into the designs and materials of our Coordinated Street Furniture and Trash Removal Program, 2. MANUFACTURE AND MAINTENANCE MANUFACTURE. Insite Martin outdoors philosophy is that commissioned design and directed manufacture. best meet local needs and assure the highest standards of durability and style. Our manufacturing policy on every occasion is to render the design with discerning craftsmanship, Busing the highest quality ,materials. MAINTENANCE. our maintenance philosophy is simple: proactive cleaning and servicing results in less vandalism, less damaege and cleaner, safer structures. lnsite Martin outdoor is committed to producing bus benches that will remain in excellent condition throughout the term of the agreement and beyond. Top-notch maintenance and service are essential to live up to this commitment. Our experience teaches us that scrupulous attention to maintenance and cleaning pays dividends in longevity and serviceability for years to come. This is evidenced by the continued renewal of our bus bench contracts in other, municipalities across the country, without the requirement to rebuild new benches. i InSite Martin Outdoor, LLC 1.877.412.3624 Our Approach incite Martin Outdoor's objective is to provide a world -class bus bench program that enhances the existing streetscape while providing a functional service that encourages citizens to use public transportation, We will create, more vibrant streets, encourage residents and visitors to walk and bike,, and at the same time maximize the revenue potential for the city. Our work plan is a comprehensive one, incorpotatinci all aspects of creating, maintaining, managing and growing the City'sTransit Program. We plan to capitalize on our financial strength and depth of experience in all aspects of the bus bench program. Recognizing the Cit 's expectations of providing high -quality and well maintained street furniture and improving t revenues, the key focus of our plan is: Development of a bus bench farnily that communicates a r citywide identity Special designs for historical neighborhoods as defined by the city Integration of new technology that provides substantial benefits to the City and the community > Aggressive marketing of bus benches as a unique media opportunity, both locally and nationally Comprehensive maintenance program, unmatched in our industry Technology -based reporting and accountable workforce management processes Insite Martin Outdoor proposes an aggressive build -out over the first 4 months of the agreement, after receiving note to proceed and expect all benches to be installed lo6thin that period. Our detailed build -out plan is presented in Maintenance & Operation section. e believe our proposal will maximize the goals of improving the public realm, encouraging the use of public transportation, providing advanced technology and enhancing revenues to the city. These goals are interdependent and in order to create and sustain such a successful program for the City, insite Martin outdoor requires a certain mix of revenue -generating benches, all of which will provide value to transit users and pedestrians and added benefits to the City beyond their core use. Our program assumptions are detailed in the Implementation section. We recognize that our program will require extensive advance preparations with significant in ut from the appropriate Cit staff g p l� pp� with respect to design, site selection and permitting.. our build -out plan also recognizes that we roust establish an efficient working relationship withall appropriate city departments. Our primary goal will be to work with the city to establish a mutually agreeable implementation plan as soon as possible after contract award in order to receive the requisite approvals to proceed, we would request that the city make available the necessary city staff to expedite the site selection and permitting processes in order to facilitate this implementation plan InSite Martin Outdoor, 1377.412.3624 [7 k Methodology 1. COMMUNITY OUTER Insite Martin outdoor is committed to taking all possible steps that integrate this project with the Crania Beach community. The Bus Bench Program will become an Important part for each neighborhood. our approach to community involvement will ensure that the program achieves excellence in every phase of planning and implementation. 2. MANUFACTURING AND QUALITY* CONTROL All of our street furniture designs will carry the Insite Martin outdoor name. Therefore, they must meet our standards for quality. The designs will be strictly licensed with selected manufacturers. INSTALLATION Operational fulfillment will be managed internally by our designated Operations Manager, responsible for construction and installation. A Project Management calendar will be developed in open collaboration with appropriate City officials to create a plan, which depicts a mutually acceptable installation program. Site selection and site preparations will be planned in advance and reviewed internally by the Operations Manager and the installation team to understand the specific challenges and unique conditions at each location. . OPERATIONS AND MAINTENANCE Insite Martin outdoor will establish an operations workforce to efficiently provide and maintain our bus benches, To ensure the successful implementation of that plan, we will apply management strategies, which are complementary and redundant at once, guaranteeing delivery of our maintenance and operations services. cinder the leadership of the operations Manager, activities will be divided by function -utilizing thoroughly trained, accountable and responsive personnel for both routine and unscheduled (including emergency) services„ Electronic report audits will be utilized to measure efficiency and effectiveness of the worm agenda, quality of work and distribution of work. .5. REPORTING Insite Martin outdoor will fit every bus bench element with an individual barcode. During the course of scheduled and emergency maintenance, the service team will use barcode scanners to validate and report each maintenance function. This information will be transferred td our internal inventory management system and any applicable data, as required by the City, will be populated to an inventory and maintenance ance database. In addition, each bench will carry a unique Identification number and a decal indicating that a member of the public may call a toll free number to report any complaint about the structure's status. This provides an unprecedented level of control to our maintenance program right at the finger tips of any City Staff member, without ever leaving the office. . FINANCIAL. CONTROLS Insite Martin outdoor currently employs a fully staffed accounting team managed by the CFO with extensive experience in billings, collections and financial reporting (and holds an active Certified Public. Accounting license) and who supervises professionals in accounts payable and receivable. we utilize a proprietary computer software program which facilitates the generation of financial, revenue, and accounting reports required by the contract to be provided to the City. InSite Martin Outdoor! LLC 1,877.412,3624 A Vench & Shelter Design The current bus benches in Mania Beach were predominantly functional. Form and design considerations were not given equal weight. Today the situation is very different, a difference that is expressed in the contents of the City Bus Bench RFP. They need to aim higher, to aspire to greater functional ity, better fit with the character of the transit system and the city, be more expressive of the multiple meanings that radiate from Crania Beach' uniqueness. DESIGN OVERVIEW AND PHILOSOPHY' The City of crania Beach stands on the threshold of an opportunity to deploy bus benches with an imagination and vigor that will make f i the r -, improving `1 ran and imposing a coherent aesthetic on the cityscape, �t a major change_ actor in � urban envrronrrrer�t.. both appearance p g ty . Some might say that this is long overdue. Be that as it may, today Crania Beach has a chance to leap to the front of the limo and reap the advantages of the late adapter. The RFP calls for a sweeping bus bench program that incorporates the very latest in new technologies and uses design to bridge the past and the future, to reflect the richness and variety of the urban ground and, simultaneously, give expression to the city's iconic values. lnsite Martin +Outdoorjs bus bench designs will snake a major improvement to the aesthetic tone of the city. while expressive of a single and coherent design identit)6 these structures do not upstage the various locations that they will occupy. Throughout this design project we have been mindful of its overriding purpose: to create for the transit user and pedestrian a strong understanding of, and pleasure from, the design identity among the various street furniture elements. Our benches seek to provide this purpose. DaniaCity of Beach Bus Benches COMMON ATTRIBUTE OF THE DESIGNSWE ARE SU8MITTING'15 THAT THEY WILL ENHANCE THE SURROUNDING TREEr C PE AND BEAUTY OF THE NEIGH80RHOODS THEY C ". 'he point of these observations is to show that lnsIte Ivlartin outdoor has a good grasp of the big picture in which bus benches play a small role. And to show, moreover, that the designs submitted reflect a forward looking perspective.. Inside any bench design, there are many intentions that get expressed: seating to tired passengers, passenger comfort and convenience, transit information,. and so'for h.. The also serve as icons for the transits stern and thus project its and riori�ries, y y p p We have considered all these intentions and thought about there deeply, which is reflected in the design family submitted in our Insite Martin outdoor is committed to upgrading and improving our designs, technology and/or services durin the term of proposal. pg.. �� g p� g 9 g� g the contract whenever practical and feasible. Design Characteristics APPROPRIATENESS, SCALE, MODULARITY The elemental components of the bench base, seat, and backrest with simple structural connection will act as a modular kit that can be adapted to numerous site constraints and usage levels throughout the city.. The various sizes of our bench designs will create simple micro -adaptation to specific sidewalk widths and depths. In all cases, our family of bus bench elements is adaptable, flexible and appropriate to various sites COORDINATED FAMILY OF ELEMENTS The design framework of all bench elements not only takes its cue from the theme of streetsca a adaptability, but reinforces its cohesive nature through the selection of finishes. color and qrUality design. when different elements are combined, they present a unified image of complimentary shapes and sizes CUSTOMIZATION Customizations for specific neighborhoods or districts are realized through different graphic applications in the perpendicular end section of the benches, through alternative bench colors, or unique graphical applications to the bench itself. In ice Martin Outdoor, LLC 1.877.4123624 li � Benc h & Shelter Design INTEGRATION of NEW TECHNOLOGY Insite Martin Outdoor is always open to new technologies that increase the awareness and effectiveness of our bus benches. This technology will allow more trash per receptacle that will result in less trash maintenance service trips, thereby increasing the sustainability of our program. MATERIALS, FABRICATION AND DURABILITY Materials and finishes have been carefully chosen in consideration of life -cycle costs, ease of maintenance and durability. Together with a stainless steel structure and aluminum extrusions, and baked porcelain enamel finish are the predominant material of the majority of elements. Rustproof and durable, stainless steel is ideal for challenging outdoor environments in South Florida and exceed all .South Florida building codes/requirements as well as being hurricane rated, which has a higher salt content: in the air that will degrade other types of steel over time. Anti -graffiti paint coatings are applied for ease of graffiti removal. These finishes typically last the life of a product with no need for repainting. Our beaches will look the same after 15 years as they did on day one. FLEXIBILITY AND SUSTAINABILITY The good news is spreading, that social responsibility and economic viability can be merged with environmentally sound practices and policies. And the dace where this news is keenly felt: today is the municipal and state environment, where pollution suppression is no longer- perceived as an expensive piety, but as a sound business application that also expresses an enlightened public policy. Thecity that pushes sustainability values sends a very clear message to its citizens: we cure about cutting back greenhouse gas emissions, we care about the future of your grandchildren and their children's children. Because of their ubiquity and visibility, bus benches and other prominent street furniture items are an ideal place to display these values, and to reap the economic rewards of renewable energy solutions- such as lower maintenance costs. Four aspects of sustainability will be discussed in this segment; l imrnediately implem entabl a measures in terms of design features and materials relevant to the RFP a trash receptacle will be at every unit, use of natural gas vehicles which have considerable less green house gas emissions than their gas.powered counterparts, and 5 Every bench installed will be ADA compliant, as well as meeting all Federal and Local guidelines. In ite Martin outdoor, LLB 1. 7 ,4 2. 624 No Text i Bench & Shelter Design InSite Marvin Outdoor, LLC 1.877-412.36-2410 No Text Bench Shelter Design y Red fio 11HAWs 622 7 No veni �� � °1 .,'Y -... .y < � �%. .'ti -.; S '�;... :� .. ,� a k '* � pE' � � � a lc :. �,. '4 •.•�. �,• .'i.�;, . , :`!•.' '- F:`Y ��,i �'� �•~: <:.- B e,' .y � .:. r .. ,' . �, to C��. tl � � bs i a-11 It � o- r. LLB as an '�.: Itc �� a Gal s e,P ese «1 ti �v < nsi t�. NC r till 1.. Fit; ..$ :S#.: 3 ;> � : :? C -'�c a;�. 1.` -•: `. •� 4p ,-.i UI,' v ! .�,. r:.. t i. Y �: ., -, 3' •�. >. �S R. �... :s t _ v u jI `'`!fter ODAY:' y a �,� <�Y;'��'„ ''mot''<''+.• < #• InSite Martin Outdoor, LLC 1.877.412.3624 1 pie entation Insite Martin door ng guaranteed payments) ►r - t o Dania Beach's based o the following amp PERMIT AND APPROVAL PROCEDURES Ipsite Martin Outdoor will assume full responsibility and expense of obtaining all necessary construction permits, develop site plans and coordinate the installations with the City and appropriate utility companies. The bins bend program is extremely demanding from several perspectives -riot least in the replacement of existing structures res with new ones in the timeliest fashion, CONSTRUCTION AND REPLACEMENT PROGRAM Insite LMartin outdoor will perform a methodical program to remove exist ing benches and replace with a new design within the first 120 days ,after award of contract and bench design/color approval. Fast, careful installations by our trained crews at appropriate times of the day minimize disruption of adjacent neighborhood act �rities- Installations proceed in the following sequence. >Conduct complete inventory audit including., digital photographs,-, assignment of GPS coordinates to each structure eo-coding); structural inspections; numbering of street furniture elements > Prioritizing of installation sequence in coordination with appropriate officials and organizations Site surveys for sidewalk conditions, utility locations, trees, light poles, traffic control and electricaI boxes and other street furniture elements Site -by -site location approval by City installation in adherence to all applicable codes Site and/or surface restoration as needed ONLINE CONFIRMATION s part of out program operation, Insite Martin outdoor gill mainta n a database within our inventory and accounting software program for documenting data relating to inventory, maintenance and complaints. In other cities we have implemented this feature, which has proved popular with civic leaders and the community.. The database will include, Location and image of each program structure > Inspection, cleaning and maintenance activities Reports of required maintenance and repairs > Mapping capabilities to display all locations Online review capability for Transit. Authority and the City a f .4te Mdrdh M d• WORLDCUISS M fNTMANC AN PV, T1c0 i *i M CANNOTBE BEAD EN AND InSiteMar-tin Outdoor, LLC 1,877,412.3624 Maintenance Operations TIMSH SERVICE HAVE BEEN ROUTINELY COMMENDEDBYOTIES ACROSSAMERICA FOR OUR DILIGENTEFFORTS IN EXCEEDING OUR CITIES REQUIREMENTS. The organizational chart below demonstrates our capacity to respond to the maintenance and operational needs of the program as laid out on the following pages, DESCRIPTION OF SERVICES Anticipating to-day's fashionable broken windows" policy approaches for urban environment- fix broken windows promptly and people won't break windows any more- the celebrated urban theorist William H. Whyte back in the Sixties said, "The best way to handle undesirables is to make a place more attractive to everyone else" and "litter follows litter."This dynamic is clearly at work. with transit amenities, which is why we maintain constant vigilance and always respond proactively to vandalism and litter, In doing so we serve the interests of the community, plus those of advertisers who don't want their message negatively influenced or made ineffectual by dirt and squalor. Over the years, we observed our competitors and seen first hand the compounding effects of small amounts of litter and the degradations that resulted in the urban environment. Whereupon we resolved to create the industry's most rigorous maintenance protocols, In addition to regular visitation, we research field reports and maintenance records to identify vandalism. These sites become targets of our rapid response crews who fan out and remove graffiti and stickers, often within hours of the defacement. Furthermore, our maintenance database technology is able to create hot -zone maps that identify areas with the most maintenance problems. This gives a graphical ability to utilize additional resources In certain areas of the City and address in a timely manner: 52-WEEK MAINTENANCE PLAN > Technology -based reporting and accountable workforce management processes > Record -keeping, verification, internal inspections and audit procedures > Preventive maintenance > Zero tolerance graffiti policy > Quarterly submission of maintenance logs > Notification process via toll free bi-lingual number for access by general public, City officials, and LA Metro to report damage CLEANING o INSPECTION & SAFETY SCHEDULE 1 CITYWIDE/HEAVY TRAFFIC LOCATIONS - Daily Activities: > Inspection concerning appearance, any damages and unsafe conditions > Remova I of trash or debris inside and within 10 feet of bus benches > Removal and/or reporting of graffiti > Repair of minor damage > All other damage reported to the operations center for appropriate repair crews > Report of any problems or damage to operations center and recording in database > Perform power, washing quarterly or as determined by the city contract No Text i I Si e Martin Outdoor, LLC 1.877.412.362416 rl Sales & Marketing SALES PROSPECTS FOR BUS BENCHES FOLLOW THE OVERALL OU7DOQR NfARKE7.7HATMARKETHAS NOTBEEN VERY ROBUST IN THE RECENT YEAR .HO EVER INSITE MARTIN OUTDOOR HAS MANAGED 7O INCREASE SALE S EVERY YEAR, EVEN THROUGH THE RECESSION. M When the City of Dania Beach considers the respective revenue generation power of the candidates responding to this RFP, it obviously weighs the merits of potential providers' Insite Martin Outdoor will do the superior job. We obtain the highest per bench rate as compared to any of our competitors. Our sales force routinely sells out their inventory at higher rates than competitors and maintains customers for years due to our excellent customer service. Insite Martin Outdoor offers the City of Dania Beach an exceptional experience base and range of skills and coverage. Currently we boast over 9,000 bus bench displays under contract with over 30 municipalities in the U5, which yield several millions annually in sales. This achievement reflects the talent and dedication of strop national and local marketing teams and commitment b our executive team. 9 9 Y SALES STRATEGIES Typically, bus bench advertising has not garnered the national sales attention that other outdoor media has attracted. However, in our 9 experience bus benches is showing strong ability to expand market power by attracting a client base that heretofore did not advertise. Because of our aggressive and talented sales force, we have been able to grow and expand while others were retreating and increased revenues for our municipalities. LOCAL AND NATIONAL SALES Insite Martin Outdoor has a broad national network of advertising agencies through our national sales force team. This network will operate to ensure that Dania Beach`bus benches obtain the maximum throughput of national advertisers as the medium can garner. An important source of revenues will come from national and international advertisers who have dose relationships with our sales professionals. Part of the value that we will bring to this program will stem from a capability that no competitor currently possesses. And that is a single organization directed and dedicated to marketing a cohesive, market -wide network of bus benches and other street furniture advertising, which will prove to be very desirable among advertisers, who will be able to reach the entire Dania Beach region with one campaign. FOCUS ON THE BUS BENCH MEDIUM There is something else we bring to the selling situation, apart from our stature. And that is the five letter word f-o-c-u-s. Bus bench advertising needs focus on the part of the franchise holder. It is focus that brings maximum advertiser throughput. It is focus on the medium that yields the best possible utilization rates, both in the downtown/West LA and citywide areas. we are determined to make the Dania Beach bus bench program a top management priority and to frame it as distinctive and worthy of advertiser consideration. we recognize that without a full court -press by us, without strong focus and dedication to this medium, there will be money left on the table. Our bus bench sales strategies have resulted in consistent revenue growth in each market where Insite Martin Outdoor holds advertising franchises. We aim to do the same for the City of Dania Beach. In our view, heretofore the revenue potential of bus benches in Dania Beach has not been fully exploited. As a result rates charged to advertisers are not as high as they might be. To achieve potential gains in both rate levels and occupancy, we plan to market the bus bench inventory on a stand-alone basis which will create conditions for ` attractive pricing. Furthermore, as noted above, we are one of the only dedicated bus bench companies. That means that we focus only on bus benches. The results speak for themselves. tn5ite Martin Outdoor, LLC 1.877.412.3624 17 Compensation to City !nSiteMartin Outdoor, Inc is pleased to present the following Financial Proposal to the City of mania Beach. This revenue schedule is based approximately on 35 bus benches and 8 bus shelters. Guaranteed annual fee will be paid in advance prior to the anniversary of the contract start date. First Renewal Period Second Renewal Period First Renewal Period 'SeCrond Renewal Period �e dear of Benches 1 35 35 3 3 4 1 35 35 b { 35 Bus S.helters Year 3 0 5 2 E. aches 0 Per Bench Guaranteed Revenue to City $20 $22 $23 $24 $25 $26 Shelter Revenue Share with City 0% of gross revenue 0% € f' gross revenue 1 0 of gross revenue 10% of gross revenue 1 0 Of gross revenue 0% of gross revenue Monthly Guaranteed Revenue to City $700 $770 $875 $910 Annual Guaranteed Revenue to City $9,660 $10,080 $10500 $10,920 m ite Martin Outdoor, LLC 1.877,412, 2 18 6 0 0 0 Audited Financials -ATTACHED fnSite Martin Outdoor, LLC 1.877.412.3624 19 Capacity to Perform IN I EMARTIN OUTDOOR HAs RECORDED CONTINUOUS REVENUE GROWTH OVER THE LAST TEN YEARS, OUTPACING THE INDUSTRY AND ITS CHIEF COM' `ETITO . . As of November, 30, 2011, our company owned or operated more than 9,000 advertising displays nationwide in 30 municipalities.- In 2009 we generated revenues of $2 million, representing revenue growth of 30% over the last three years. COMPANY DESCRIPTION Years in business: I I / dumber of employees:50 Principal contact for Ins to Martin Outdoors city bus bench RFP response: Scott Martin, President 152 lie 167th st ► Miami, FL. 33162 t 54-5 8-4923 e: scott@gobenches.corn City of N. Miami reach, RFP award 1999 (renewed 2004,20091 City of !Miami Springs, RFP award 2000 renewed 2oosr 2oio) City of Dania Beach, RFP award 2001 City of Sweetwater,. RFP award 2001 (renewed 2 8) City of Crania Reach, RFP award 2002 (renewed 2007) City of Oakland Park., R P award 2003 (renewed 2008) City of Tamarac, 'RFP award 2004 (renewed 2008) City of Lauderdale Lakes, Competitive Process 2004 (renewed 2008) City of Wilton Manors, RF P award 2004 crenewed 2009) City of Hialeah, RFP award 2 (renewed ate) Village of CI Portal, Sale Source 2006 City of Forth Miami, Sole .Source 20 City of pa- Locka, Sole Source 2006 City of Pembroke Pines, RFP award 2008 Town of Davie, RFP award 2009 City of Doral, Sole Source 2009 City of Hollywood, RFP 2008 City of Parker, Sole Source 2009 City of Callaway, Sole Source 2009 city of Palatka, Sole Source 2009 Cake County, RFP award 201 City of Los Angeles, CA RFP award 2011 Adams County City and County of Denver InSite Martin Outdoor, LLC 1.877.412-3624 20 References & Reco endations InSite Martin Outdoor References Starex Smith Assistant City Manager, City of Opa-Locks Mr, Brian O'Conner Miami, FL 33125 Public Information Officer, City of North Miami Beach (305) 953-2821 17011 NE 19th Avenue # of Benches: 100 North Miami Beach. Florida 33 i 2M31 4 385-948-2941 John O'Brian # of Benches: '151 Transit. Manager, City of North Miami Miami, FL 33179 Mir. Jim Borgmann (305.)94-8-2900 City Manager, City of Miami Springs # of Benches: 200 201 westward Drive Miami .springs, Florida 331 -5259 Frank Lago 385-855-4581 Chief of Staff, City of Sweetwater of Benches:17 500 SW 109th Avenue Sweetwater, Florida 331 74-1 39 Mr. Tom Ansbro 3 5- 21- 411 City Manager, City of Dania Beach of Benches: 50 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Alfredo Riverol 954-924-3610 City of Dania Beach # of Benches.,124 6138 Sunset Drive Dania Beach:, Florida 33143 Mr. Dave Wornacks Director of Public works, City of Oakland Park 3650 NE 12th Avenue 64* $M*0 References Oakland Park, Florida 33334 954-630-444 Mr. Robert Rawls of Benches. 140 Director of Fngivering Dept., City Hollywood 260 Hollywood Boulevard Mr. Ken McIntyre Hollywood,. Florida 33020 Building Department Director, City of Tamarac 9:54-921- .2.5 8191 NW 88th Avenue # of Benches: 40 Tamarac, Florida 3332 95-74-1258 # of Benches: a 1 Mr. Jonathan n Allen r Darlene alsnea Jo City Manager Plantation womerA Club Cite of Lauderdale Lakes Director of the Bus Bench Project 4300 NW 36th Street City of Plantation Lauderdale Lakes, Florida 3331 54-295-075 954-535-281 of 100 # of Benches. 64 . Frank Desallrs Mr. Patrick Cann Director of Public. works Director Leisure erices City f Plantation City ofWilton Manors 95-452.2535 2020 Wilton Drive #of Benches: 1 BB Wilton Manors Florida o a 33304 954•3 21:3g Linda Owen # of Benches: 48 Director; EASE Foundation Ton Of Davie Jorge de la Nuez 954-797-107 Transit Manager, City € f Hialeah 501 Palm Avenue Frank Porcella Hialeah, Florida 33010 City Manager (305) 883-5800 City of Margate # of Benches. 500 9 4-935-:5308 # of Benches: 80 mite Martin Outdoor, LLC 1.877. 1 .3b2 21 r pi r G. W References & Recommendations .Janet Randolph Assistant City Tanager City of Margate 954-93 5-5 308 # of Benches; 80 Brian Donavan Budget Erector City of Pompano 954-786-0647 of Benches.- 120 Todd Larson Publit Works Director Pembroke Park 954-96 0 # of Benches: 30 Kevin Walford Transportation !'tanager Fort Lauderdale 954-82.8-5217 of Benches; 400 9 Sky Reference Cathy Noon Mayor, City of Centennial 12503 E. Euclid Dr Centennial, CO80111 303 N 754- 3 08 , of Benches: 100 OF Michael C. Holm, PE, LEED AP Denver Pudic Works Construction Engineer, City and County of Denver 2000 W. 3rd Ave., 3rd Floor Denver, Co 80223- 1027 303.-446_3639 of Shelters:40-80 # of Trash Can Ads: 5 (currrently negotiating) 0 Kevin lac Caskey County Coo isioner 100 Jefferson County Pkwy, Ste 3500 Golden CO 80419 303-278-~8294 # of Benches: 350 0 # of Shelters:l 2 .ton Anderson Director of Public works South Ogden City 3950 S. Adams Ave South Ogden, OJT 803 801-622- 7700 It of Benches: Rio # of Shelters: In Negotiation Jeremy Olsen Management Analyst, City of West Jordan 8000 Redwood Rd West Jordan, UT 84088 801­569-5184 # of Shelters: 25 Tiro Parento Director fo Public "works 7500 W. 29th Ave Wheat Ridge, CO 80033 # of Benches: 60 Gordon Roesik Director of Parrs and Recreation 8101 Ralston Rd. M Po Box 8101 Arvada,Co 80001 72 898-7404 Sank References Sabadell Bank. 18841 NE 29th Ave Aventura, Ft 33180 305-931-5100 InSite Martin Outdoor, 1. LC 1 S77. 1 .362 22 References Reco endations .......... May , 2008 r.'cott Martin InS to Martin Outdoor 15 1 Northeast l 6th :'trees North M" Mt Dear )I:-r: Martin; I gust granted to let you know how. much. AT appreciate the scry ce you and your C'Otnpa ray provide. 0f all the many responsibilities I have, the bus benches are the one thing tba.t. I never have to worry about as you always respond any act on every inquiry in a verb, timely rnann r. 'You have also been supportive of City pro m and events by helping promote them without hesitation. y City residents and staff arc, pleased with the look of the new benches and your: company s work in maintaining the beaches and serNricing the litter bins. I look- forward to continuingto work with you on the bus bench program. � r v they xF contact x �M • If anyone %could like further cnfomia inn, the can contact me at 3 :, 95-9 . Sincerely, John 0`Brien Transportation Planner ` '� �€CommunityCommunityr plart��i�r , Development Department April 8, 2008 Al`n Whom It May Concern The City of Arland Park . awarded a contract to Indite .art:in Outdoor to beconic our us U., :; } enc pro rider t ' f 3, T°hc c rat ct % vas h rc l'5) years till 2008 and the City recently { renewed the contract for a second. five year tennn to 2013, Throughout the term off" the contract, InSite Martin Outdoor has net all contract terns and maintained the bus benches in. excellent condition. The contractor keeps affixed tr&,sh rcceptacles ctnptied and clean. on a routine basis as specified on our contract.. As administrator of the contract I have found they are very responsive to any service reg gists or ernergency requea:ts for e cesstvc trash. grafts! Or replacement of a damaged bench. l would rccommend InSite Martin Outdoor as a' us bench Provider. Snccrel: David C. NAro hacks Puhli.c. Works Director laic Martin Outdoor L.L.C. I. 41 x 62 1 1 1 1 i I '- A U-4 L-A I L,%EkX4�741 A;OKU -11111 L-4 I I � rt 14 "1 April 27,2007 InSite Mart.111 Outdoor Mr, Scott. Martin 152, NE 167 Street, Siuite, 200 North Miami Beach, FL 33162) Su�ject, Bus Beach Contract with the City cif Wilton Manors W Dear Mr. SCott L Martin-, I would like to extend my sincere congratulations to you and your team for doing an. excellent job providing bus bench service in the City of Wilton. Manors. On July 27, 2004, the City Commission approved resolution number 2792, which cnables'InSite Martin Outdoor to provide installation and maintenance of bus benches within the City of Wilton Manors, The City of Wilton Manors.. has received inany favorable comments regarding the aesthetic bus benches and the quality service of rctrio-ving debris at approximately .50 locations. .1 have personally appreciated your re�,-;ponsivcncsss to any issucs or challenges that oc.cm-red during the past three years and commend you for consistently perfonning admirably to the City" Thank you for assisting the City and ensuring a positive partnership during the tenure of" this agreement. Sincerely, Patrick Cann, Director Leisure Services Department Apt -it 9. 121008 RE: InSite Martin Outdoor - Letter of Reference Io Whom it May Concern: I any writing this correspondence to inform that In.Site Martin (.)utdoor has been contracted to perfom bus bench installation at various locations throughout the Cii of Lauderdale Lakes community. Some of these bus benches have been installed along the 'it is main corridors including Stante Road. 7. Oakland Park Boulevard and other road-ways.'In addition to providing quality bus berichers and advensenient services. InSitc Martin. Outdoor -maintains all the bus benches and p ides trash removal -services for all bus bench locations. rovi Therefore, I strongly recommend that you give InSitc Martin Outdoor serious consideration to provide bus bench services in your community. Should you have any questions, pleasc feel W free to contact one at (954') 535-28X Sincerely, 40 Johnathan K. Allen Assistant City Manager InSite Martin Outdoor, LLC 1.877.412.3624 24 References Kern endations August 24,2007 ..� iorn ern.; rn writing this letter to inf ortn you of the great job InSite AM rtln ()utdcK)r has rov de-d ° ya{ , to the ci x ofHialeah. Thee were awarded the comract in 21 .4 to supply and i a 1 buy benches throughout a c,. wre have had a very strong or n relat ons i They are very tespo s.ive to the c y's needs. Wh never we need a buy bench replaced or new install, simply email aii r gall .h by t r� a t It tins been taken care of. 1 strongly rec:c mme d ussg this company or any and all of your bus bench needs. Sincerely, Jorge de la �tte Transit_ Manager "icy ofHialeah Mw i2011. Aft Maeft 0vWWrMWk DODO* 'din Wb= It U �+=� Im a acce t ffis boa as nficn of, dayhiq 21�, 201 t. N%v'Y t ki r .�PARtW WW hXW C r r m fc Cis ' » *fta st Vaa Ib Gly coca 9=i Fft InSite Martin Outdoor, LLC 1.877,412-362425 Qualifications & Experience Qualifications of Key and Technical Personnel THE INSITE MARTIN OUTDOOR TEAM IS COMMITTED TO CREATINGWORLD-CLASS STREETFURNITURE PROGRAM FAR THE CITY OF Dania Bead As will be seen from the resumes of Insite Martin Outdoor's key staff members, our company has unusual depth of managerial experience. we also have the ample and diverse skills that these projects require:. from understanding and interpreting local conditions, working with communities, hiring the most suitable engineers, manufacturing know-how, vetting local contractors. In satisfying the requirerTents of this RFR it is a considerable advantage that Insite Martin Outdoor is already established in a major way in Dania Beach. We have in-depth relationships with local advertisers; we have an understanding of the political culture. If awarded the bus bench contract, we will acquire a new office and warehouse space in Mania Beach and employ additional people. All these elements will be brought to bear in the fulfillment of project that is not lacking in complexity. Scott attended Nova Southeastern University wehre his major areas of study were Advertising and Marketing. ,As president of InSite Martin outdoor, he oversees the construction and placement of over 4,000Pius benches throughout Dade & Bro aErd Counties,. Scott delegates the ongoing maintenance program for the 4,040 bus benches mentioned above as well as the entire sales depart- ment which included a sales staff of fifteen account executives. Scott is a partner with five separate outdoor advertising companies (InSite Martin Outdoor, Martin Outdoor Media, LLC, Sunshine State, Big Sky outdoor, 20/20 Media) as a managing partner. In each sister company, Scott has been key in the acquisition of inven- tory and Municipal contracts. Scotts experience has enable the Company to grow from one entity in Miami, Fl operating 1,000 bus benches to three states, twenty-six municipalities, and over 2.,600 advertising sites. Tom has a Bachelors of Science in Business Administration - Finance degree from the University of Florida.. `Porn has partnered with lave separate outdoor companies (InSite Martin Outdoor, Martin Outdoor Media, LLC , Sunshine State, Big Sky Outdoor, 20/20 Media) as Internal operations Officer and managing partner. with each company, Torn has been key in the implementation of all internal processes; inventory management, sales, and office management. Tom's experience has enabled the Company to gravy from one entity in Miami, FI operating 1,000 benches to 3 states, 26 municipalities, and over 2,600 advertising sites. He is committed to being the on -site general manager for this project. GLEN FLUTIE r Since g l h B4, Glenn as provided and managed street furniture programs throughout South Florida and Georgia, during this period, along with related partners Glenn has overseen the installation of more than 800 Bus StopBenches and 300 Bus Stop Shelters. p Tenn will apply his broad knowledge of FDA requirements and installation expertise to ensure a safe and timely implementation of the installation schedule. In addition, dens° knowledge and understanding of the required permitting on a state and local level will greatly assist with the seamless transition from the current program to the new and unproved Town of Davie Streetr Furniture Project, InSite Martin Outdoor, LLC 1 87T412.3b 44 26 No Text r f Conclusion InSite Martin Outdoor. LIX' trusts our pr(jaosal surn.marizes, our experience in successfully conducting similar op nations in other nJUn CipafifieS' I I I . and clearly demonstrates our fimi'ss credential,.; and abilities to s�ervicc the City of Dania. Heachs'needs at a: level far superior than that of our competitors. This, along with the sere -ices outlined below that are proxided by out firru makes Insite Martin Outdoor uniquely qualified and virtually lly the only entity with the ability to perform the requested services and provide all of the materials to ensure that. this project is a success to the City of Dania each. - Aggressive Revenue Package to the City ofDanis Beach - Part-nertna with the Citv by donating I 011-) of all unused advertisingspace to be used for '14 upcoming city spons(:�red events and pro rams. - N:"eb based monitoring system, al lo,�vs for 24 hours a day, 7days a week accountability and monitoring of all transit bench locations. - Unblemished track record with. no litigation, On behalf of myself and the entire InSite Martin Outdoor tearn, we are firmly committed to this endeavor and as PresIdent. of InSite Martin ()Utdoor, I will personally be the represcntativ-e fir this -prqjcct. I wish to thank, you again for the opportunity to continue. to cnjoy a professional relationship with the City of Dania Beach. Please do not hesitate, to contact the Rir any additional information. Sincerely, Scott Martin President InSite Martin Outdoor. LLC 1.877412-3624 28 Past Failure InSite Martin Outdoors LLC has never, once been awarded a contract and failed to comply or adhere to all tenets of the agreement, ent. r it r 5 '§Cott M-6irtin- - President Date InSite Martin Outdoor. LLC 1.87 . . 6 2 4ft InSite Martin Outdoor, LLC has not declared bankruptcy in the last five (5) years. 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',::. .; ...-:: q...:. �', �r, 5.,, � ':.. '��Z '•} '.. FF:�.n >xaj\ f�' �'.r .:bw w yv. x ,. .:- •`2• i <. �'{� ,I � '•.. -. ;_ -o. Y k�. R- R x .• d a ., F R. :7 x. 3 .i 3 N `a� R� m ite Martin Outdoor. LL .877. 1232 Attachments - ATTACHED InSite Martin Outdoor, LLC 1.877.412.3624 32 0 � June 14, 2012 I CITE' OF DANIA BEACH R,FP #12-013 INSTALLATION AND MAINTENANCE OF BUS BENCHES, BUS SHELTERS OR BOTH ADDENDUM 1 Question 1: In reading the RFP, there is no specific way as to how the City would like to see the revenue. And, since there is no real way to know how many benches and shelters can and will be installed, is it acceptable to have a per benchlshelter rate R � per month, (for example: per bench revenue to the City per month and per shelter revenue to the Cityper month. P ) Answer: "des I Question 2: Do I need to turn in Exhibit d "Performance Bond" ? 'lease clarify. Answer: Bidders do not need to complete this form. This form will be used upon contract award. r EXHIBIT "FOUR" CITY of DANIA BEACH FLORIDA Sworn Statement Under SectionJ2.97.133(3Xal,,Mrlda-,,Statutes loorida 5!&jMjg on PublicEndty Crimes (This form must be signed in the -presence of a NotaryPublic or other officer authorized to administer oaths.) 1. This sworn statement is submitted with Bid, Proposal or Contract No. 12-013 2. This sw t '16AfL L '�' onn statement is submitted b , r1 y its business address is: Federal Identification Number (FEIIv) is: Social Security Number: 3. My name is: (name of entity submitting sworn statement) ;a PJ W `1ac a� (if applicable) (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) SCOO h (PRINT NAME of individual signing this document) and m relationship t e entity i s PKe 5 e 1* yre t hip to e y s (President, General Partner, etc. as applicable) 4. 1 understand that a 'public entity crime" as defined in §287.1330)(9), of the Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the united States, including, but not limited to, any bid or contract for goods or serviccs to be provided to any public entity or an agency or political Subdivision of any other state or of the United States and involving antitrust, fraud, , theft, bribery, collusion, racketeering, conspiracy, or material rmsrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph §287.1330)(b), of the Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to a f: t•. charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere (also known as "No r Contest"). 6. 1 understand that an "affiliate" as defined in paragraph §287.133(l)(a), of the Florida j Statutes means: a (a) A predecessor or successor of a person or a corporation convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The terra "affiliate" includes those officers, directors, executives, partners, shareholders, R employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for y fair market value under an arm's length agreement, shall be a prima -facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate. ! 7. I understand that a "person" as defined in Paragraph §287.133(1)(e), Florida Statutes, 4 means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or + applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, ! directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which that l have marked below is true in relation to the entity submitting this sworn statement, (Please indicate which statement applies): I _N/ Neither the entity submitting the sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity nor any affiliate of the entity have been charged with and ` convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, t 989 and (Pleas,_,r. now - i dicate which additional statement below applies): 41 There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please 1 attach a copy of the final order) 1 The person or affiliate was placed on the convicted list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of ` Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of tlw final order) 1 1.., The person ort affiliate has not been placed on the convicted vendor list. (Please describe any action take or pending with the Florida Department of General Services) Sl'gned sealed and delivered in the pres • 1: Signature Sign to e s oi e, 4W--1hd P Dame Tide of iV2tne PRIWf Name `. STATE OF FLORIDA COUNTY OF S rA w&rA �t Before me, the undersigned Notary Public, personally appeared who is/are i � rY Pe y Pp f= personally known to me or who produced as identification and such 1 person(s) is/are the pprson(s) who.executed the foregoing document for the purpose expressed in i 1 1 1 1 i Notary Pubk • State of Fiodds • My Comm. Expires Apr 7. 2014- Cwmft w i DQ 974378 3ombd Tlrmah N910 0 No" AM. My Commission expires: 0 44 - - 4'7 n. Vf 91# 42 PRINT Name of Notary Public STATE OF FLORIDA COUNTY OF re." EXHIBIT "FIVE" NON -COLLUSION A" DAVXI being first duly sworn, deposes and says that: f l He/She is the submitted the attached Proposal. of.Jv� M&r"QO r.�a�.,the Vendor that has 2 HelShe is fully informed with respect to 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 Vendor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Vendor or person to submit a collusive or sham Proposal in connection with the Project for which the attached Proposal has been submitted; or to refrain from submitting a proposal in connection with such Project; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Vendor or person to fix the price or priccs in the attached Proposal or of any other Vendor, or to fix any overhead, profit or cost elements of the Proposal price or the Proposal price of any other Vendor, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Dania Beach, Florida, or any person interested in the proposed Project. 5 The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Vendor or any other of its agents, representatives, owncrs, employees or parties in interest, including this Affiant, Signature of Affiant 1 Print Name of Affiant Title Dated: ! 3 , 2012 43 y Employment, the Americans with Disabilities Act (ADA), 42 D.S.C. 12101, at Sep. and the Florida Building Code. The City reserves the night to confirm compliance by a Vendor with the various laws. Failure to comply with any laws will be grounds for termination of the Agreement. b) Payment shall be made to the -City on a monthly basis. c) The successful Vendor shall not sell, assign or transfer any interest in the Agreement without the prior written consent of the City. d) The law of the State of Florida shall govern this Contract. The Contract is not subject to arbitration. The parties shall submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to the Contract. Venue of any action to enforce the Agreement shall be in Broward County, Florida. The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with the Contract. The parties understand and agree that this waiver is a material contract term. e) All claims, counterclaims, disputes and other matters in question between City and Vendor arising out of, relating to or pertaining to the Contract, or the breach of it, or the services of it, or the standard of performance required in it, shall be addressed by resort to non -binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts. In any litigation, the parties agree to each waive any trial by jury of any and all issues. f) All Proposals received from Vendors in response to this RFP will become the property of the City and will not be returned to the Vendor. In the event of an award, all documentation produced as part of the Agreement shall become the exclusive property of the City. 21.0 OVER AGREEMENT REQLJTREMENTS 21.1 The Vendor selected will enter into an Agreement with the City that will also contain various provisions including, but not limited to the following: a) Scope of services as defined within this RFP; 19 b) Key personnel provision; c} The terms and conditions as, outlined in this RFP. Signature of Proposer scoff niq4±14..._... , PRINT Name fte's I AOC 61 k Title STATE OF FLORIDA COUNTY OF , r I CERTIFY that on ..Tu . t 3 2012, before me, an officer duly authorized in the State and County aforesaid to take aeknowledgments, personally appeared MAdn.1.6as the _--P Pf.&, i .�. _. on behalf of �.rIMSIrdo M -161dCM 96 U. L 4-CM'_1 , a Florida , who is personally known to me (or who produced as identification), who executed the foregoing instrument and ackno ledged before me that such person executed the same, and who did/did not take are oath. WITNESS my hand and �..� 1 "1&. , 2012 , S"MLEE JONES tlot Y Pubk - Raft of FWWs MY COMM. h0os Apr 7. 2014 eo a # QO 074371 "Ann. My commission expires: official seal in the County and State last aforesaid on s H- o`7-zolq 20 of Florida PRINT Name of Notary Public 11 City of .`���f�ara �' gig Purchasing and � ontlf c: cts ivis/017 AGREEMENT BETWEEN THE CITY OF TAMARAC AND INSITE MARTIN OUTDOOR, LLC THIS AGREEMENT is entered into on Q /0 L 20 / between the CITY of Tamarac , a municipal corporation wit princi I offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (CITY) and InSite Martin Outdoor, LLC, a Delaware Limited Liability Company that is registered to do business in Florida with principal offices located at 150 NW 70th Avenue, Suite 3, Plantation, Florida 33317 (CONTRACTOR) for the purpose of providing for Bus Bench Design, Construction, Installation and Maintenance for the CITY of Tamarac. The parties hereby agree to the following terms and conditions. CONTRACTOR 1. In return for the right to provide Bus Bench Design, Construction, Installation and Maintenance of bus benches CONTRACTOR shall pay good and valuable consideration to CITY as detailed herein, CONTRACTOR shall comply with the terms and conditions within the CITY of Dania Beach, Florida Agreement with InSite Martin Outdoor, LLC dated December 31, 2012 attached hereto as Exhibit A (the "Dania Beach Contract"). All terms and conditions of the contract documents set forth in Exhibit A are incorporated herein as if set forth in full, except as modified by this Agreement or except as modified by requirements specific to the CITY of Tamarac as set forth in Exhibit B attached hereto and incorporated herein as if set forth in full. 2. Upon execution of this Agreement, all references made to the CITY of Dania Beach Florida with InSite Martin Outdoor, LLC dated December 31, 2012 in Exhibit A and Exhibit B shall be interpreted as pertaining to the CITY of Tamarac, and all terms and conditions of Exhibit A and Exhibit B shall be deemed as having been implemented for use within the CITY of Tamarac. It is understood that wherever the words "agency name" or "agency board name" appear, they shall be read as "CITY of Tamarac" and "CITY of Tamarac Commissioners". This Agreement shall NOT include the provision of Bus Shelters, and references to Bus Shelters in the Dania Beach Contract shall be deleted. 3. Term: The term of this Agreement shall be concurrent with the initial term set forth in Exhibit A, through December 31, 2014 effective on the date of approval of this Agreement. The CITY reserves the right to renew this Agreement for up to two (2) additional two (2) year terms for up to an additional four (4) years. 4. This Agreement, Exhibit A and Exhibit B constitute the entire agreement between the CITY and the CONTRACTOR. In the event of a conflict between these documents, this Agreement shall prevail, followed in precedence by this Agreement followed by Exhibit B and Exhibit A in that order. 5. Payment: In consideration of the right, privilege, and license to display advertising on transit bus benches throughout the CITY, CONTRACTOR agrees to pay CITY a guaranteed rate of $20 per month per bench for 2013 and $22 per month per bench for 2014. I City of arr)ar c Purchasing and Contracts Division In the event that CITY exercises the first renewal option, CONTRACTOR agrees to pay CITY a guaranteed rate of $23 per month per bench for 2015 and $24 per month per bench for 2016. In the even that CITY exercises the second renewal option, CONTRACTOR agrees to pay CITY a guaranteed rate of $25 per month per bench for 2017 and $26 per month per bench for 2018. CONTRACTOR shall remit payment to the CITY on an annual basis with first payment due August 1, 2013. CONTRACTOR shall submit a report with payment to the CITY's Director of Financial Services documenting basis of and verifying accuracy of payment. At a minimum, the report shall detail the ID number, location of bench and total number of benches placed as of August 1. If CONTRACTOR places additional benches after August 1, CONTRACTOR shall remit prorated payment to CITY with quarterly report per Exhibit B, Section 36.3 In the event CONTRACTOR fails to make the payment within 10 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: Prime rate + 1 %/365 days = Daily Interest Rate, DIRXDays Payment Late =Interest Charge (DIR) Note: Regardless of the foregoing, the interest rate referred to in this section will comply with all applicable state laws. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VI I, Chapter 218. 6. Insurance: In addition to the insurance requirements stated in Section 9 and 10 of the Dania Beach Contract, CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance in such form and amount as specified in the original bid document or 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. 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. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and shall be licensed to do business in Florida. Policies shall be "Occurrence" form. 7. The following minimal insurance coverage shall be provided: a. Worker's Compensation Insurance: The CONTRACTOR shall procure and maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all 2 ("lily of Ts am ":ir&.'��i Purchasing clw Con)tf t:Ccts Divir"i`1010 �s i i applicable state and federal laws. This coverage must extend to any sub - CONTRACTOR that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Tamarac, executed by the insurance company. b. Comprehensive General Liability: The CONTRACTOR shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent CONTRACTORs' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. c. Business Automobile Liability: The CONTRACTOR shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. d. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. e. The CITY must be named as an additional insured for General Liability coverage unless Owners and Contractors' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. f. The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The CITY must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. g. In the event that sub-CONTRACTORs used by the CONTRACTOR do not have insurance, or do not meet the insurance limits, CONTRACTOR shall indemnify and hold harmless the CITY for any claim in excess of the sub - Contractors' insurance coverage, arising out of negligent acts, errors or omissions of the sub-CONTRACTORs. h. CONTRACTOR shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the CITY. i. 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. 3 City of 11annanic Purchasirig and Contracts Division 8. Indemnification: a. 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, sub-CONTRACTORs, 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. b. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. c. The CONTRACTOR shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. d. The CITY and CONTRACTOR recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the CONTRACTOR and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by CONTRACTOR. Furthermore, the CITY and CONTRACTOR understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the CITY's and the CONTRACTOR's responsibility to indemnify. e. CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all reasonable costs and fees associated therewith shall be the responsibility of CONTRACTOR under the indemnification agreement. f. Nothing contained herein is intended nor shall it be construed to waive CITY's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 9. Non -Discrimination & Equal Opportunity Employment: During the performance of the Contract, the CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The CONTRACTOR will take affirmative action to ensure that 0 C,.5ty of Tamarac Purchasing g and Contracts D v ,1010 .. employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR 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. The CONTRACTOR further agrees that he/she will ensure that Sub-CONTRACTORs, if any, will be made aware of and will comply with this nondiscrimination clause. 10. Independent CONTRACTOR: This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the CONTRACTOR is an independent CONTRACTOR under this Agreement and not the CITY's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CONTRACTOR's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR, which policies of CONTRACTOR shall not conflict with CITY, State, or United States policies, rules or regulations relating to the use of CONTRACTOR's funds provided for herein. The CONTRACTOR agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. 11. Assignment and Subcontracting: CONTRACTOR shall not transfer or assign the performance required by this Agreement without the prior consent of the CITY. 12. 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 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 5 City of Tamarac .......... ............... .......... ...1.1.............. ........ .... Punchmir.ig arid Contracts Division ........................................................................................................................................... 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 ne lect or failure. 13. Records Retention / Public Records: CITY is a public agency subject to Chapter 119, Florida Statutes. CONTRACTOR shall comply with Florida's Public Records Law. Specifically, CONTRACTOR shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 5. The failure of CONTRACTOR to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the CITY shall enforce the Default in accordance with the provisions set forth in Article 12 of this Agreement. 14. 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. 15. No Construction Against Drafting Party: Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 16. Notice: Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, addressed to the party for whom it is intended at the following addresses. Co City of Tamarac ..... ............ ..................... ............ I............... CITY CITY Manager CITY of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With a copy to CITY Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR InSite Martin Outdoor, LLC Attn: Mr. Scott Martin 150 NW 70th Avenue, Suite 3 Plantation, FL 33317 Remainder of Pturrhasir.ig and Contracts Division ............................ ............................. .... .............................................................. I ... I............... Intentionally Blank 7 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 President, duly authorized to execute same. -M CT• Patricia A. Teufel, Interim City Clerk c ATTEST: f OT A MA Beth O• '•• �'. • 0 lop 0 = Date • Mich• •• •• Signature otXrporate sew Type/Print Name of Corporate C&"Ifro Ne... r (CORPORATE SEAL) Date Talabisco, Mayor 7110 / t 3 L14"W"AINUFAIKIM al"IMIM Lq Hwlim%= ! I LW-M Approved to form and legal sufficiency: City ttor y Date INSITE MARTIN OUTDOOR, LLC Com,r-rny r Name nat6r-e'o6sidenvuwner Scott Martin Type/Pript Name of President/Owner £Cif i of , annarac Ptwrhasing cmd f~ onfra(.,hs € iyks€oft CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF 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 Scott Martin, President of InSite Martin Outdoor LLC, a Delaware Limited Liability Company, 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 Z'u h g_' 120 0.1 TRACY A. MOULTO N , Notary Public - State of My Comm Expires Jun 7, 2016 Commission # FF 205829 01 t ignatureONotary Public State of Florida at Large Print, Type or Stamp Name of Notary Public [� Personally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or !I DID NOT take an oath. City,of Tamarac w [Purchasing and Coin fr"< c{ s ivisfol? EXHIBIT A DANIA BEACH CONTRACT (SEE NEXT PAGE) io BUS BENCH AND BUS SHELTER ADVERTISING AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on 31 , 2012, between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") with an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and InSite Martin Outdoor, LLC, a Delaware limited liability company registered to do business in Florida ("Martin") with an address of 150 NW 70t" Avenue, Suite 3, Plantation, Florida 33317. WITNESS The City has control of space for approximately thirty -eve (35) bus benches and eight (8) bus shelters in various locations within its municipal boundaries (located outside of the Dania Beach Community Redevelopment Agency boundaries) for the convenience of its citizens. The placement of bus benches and bus shelters within the City is a public service which fulfills a collateral public transportation need. The maintenance of the City's bus benches and bus shelters contemplated by Martin involve a substantial investment by Martin over a period of years. The City Commission of the City has determined that it is in the best interest of the City and its citizens to allow Martin to place bus benches and bus shelters within the City limits of the City and outside of the Community Redevelopment Agency's boundaries ("CRA Area"), in exchange for Martin's installation and maintenance of approximately thirty-five (35) bus benches and eight (8) bus shelters that are the subject of this Agreement. Martin will pay to the City, in advance, on the first day of each month, a fee in the amount of Twenty Dollars ($20.00) per bench, per month for its installation of the bus benches, and a fee equal to Ten percent (10%) of collected advertising revenue from the prior month (not including reimbursement for production and installation) of the bus shelters. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the sufficiency and adequacy of which are acknowledged by the parties to the Agreement, the parties agree as follows: 1. Martin will furnish bus benches and shelters which will be constructed and maintained as referred to in the Scope of Services in attached Exhibit `'One", which is made a part of and incorporated into this Agreement by this reference. Martin will also remove its bus benches that are located within the CRA Area, after written notice to do so is sent to Martin by City. 2. The City grants to Martin the right to display appropriate advertising and to install and maintain bus benches and bus shelters with advertising within the City, but outside of the CRA Area, for the use of the public, at locations approved by the City. A copy of the map referencing the CRA boundaries is attached as Exhibit "Two", which is made a part of and incorporated into this Agreement by this reference. 3. The style of the bus benches and bus shelters have been selected and approved by the City. Any and all costs associated with style and color of the bus benches and bus shelters shall be borne solely by Martin, and the City shall have no liability for such incurred costs. Martin shall not be permitted to erect, place or install any additional bus benches or bus shelters in the City without the prior written approval from the City. 4. At all times, Martin shall maintain the bus benches and bus shelters in a safe condition and shall make periodic inspections to ascertain that all benches and shelters are safe and in good condition. Martin shall maintain each bus bench and bus shelter in a good state of repair and appearance, and shall keep a ten foot (10') area surrounding each bench and bus shelter free of debris high grass,weeds and rubbish. Martin shall also be responsible for maintaining associated trash receptacles in good condition throughout the life of this Agreement and any extension periods of it. 5. Martin shall be solely responsible for the installation and maintenance of the bus benches and bus shelters in good repair and condition at no cost to the City. 6. The term of this Agreement is for two (2) years, with an option to renew for two (2) additional two (2) year periods, which may be granted at the sole option of the City Commission. At the end of the initial or extended terms of the Agreement, the parties shall be released from the terms of the Agreement, unless a renewal option is granted in writing prior to the end of the Agreement period by the City. In the event that the Agreement is not renewed, Martin shall have a period of ninety (90) days to remove all bus benches and bus shelters to which it has title. In no event shall advertising be sold for placement upon the bus benches and bus shelters beyond any term authorized in this Agreement. 7. The City shall in no way be liable to Martin for any monies or compensation for the use of such benches or shelters at any location within the City, and the sole compensation to be derived by Martin, is that which may be derived from such advertising as will appear on such benches or shelters. Further Martin shall in no way be liable to the City for any rentals, monies, 2 profits or returns derived from any of the bus bench advertising, nor shall Martin be made to account for any of the monies or other income that may be derived by Martin from such bus bench or bus shelter advertising. Additionally, Martin agrees to indemnify and hold the City harmless from any and all claims, including attorney fees and costs which might be made against Martin, the City, or both by any person, firm or corporation entering into any Agreement with Martin for advertising on such benches and shelters, as such indemnification is further described in this Agreement. 8. Martin agrees that the Florida Department of Transportation "Comfort and Convenience Benches -Uniform Guideline", as amended from time to time, shall be implemented as a part of this Agreement. A copy of the current "Comfort and Convenience Benches -Uniform Guideline" is attached as Exhibit "Three", which is made a part of and incorporated into this Agreement by this reference. If, however, any portion of that document conflicts with the provisions in this Agreement, the provisions of this Agreement shall prevail. 9. Martin shall not commence work under this Agreement until it has obtained all insurance required by the City, as specified below and the coverages and insurance have been approved by the Risk Manager of the City. policy deductibles and self -insured retentions. In addition, Martin shall be responsible for any 9.1 Martin shall file Certificates of Insurance with the City, reflecting evidence of the coverages. They shall be filed with the City's Risk Manager within ten (10) days of the date this Agreement is fully executed. The Certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to the City. Policies for coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than "A" in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best Guide. 3 9.2 Coverages shall be in force during any and all terms of this Agreement. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of this Agreement, then in that event, Martin shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of this Agreement and any extension of it is in effect. MARTIN SHALL NOT PERFORM OR CONTINUE TO WORK PURSUANT TO THIS AGREEMENT UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. 10. Martin shall provide, pay for and maintain in force at all times during the term of this Agreement, such insurance, including General Liability insurance, Workers' Compensation insurance and Comprehensive general liability insurance as stated below: 10.1. General Liability Insurance to include bodily injury, broad form property damage, products and completed operations, blanket contractual liability with limits of not less than one million dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. City shall be named as an "additional insured" under this policy, and Martin shall provide a Certificate of Insurance evidencing coverage and named insured status on the policy to the City. 10.2. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of Martin and its employees. Employer's Liability. Minimum limits of One Hundred Thousand Dollars ($100,000.00) each accident. 10.3. Comprehensive General Liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City shall be named as an "additional insured" under this policy, and Martin shall provide a Certificate of Insurance evidencing coverage and named insured status on the policy to the City. 10.4 Automobile Liability with minimum limit of Five Hundred Thousand Dollars ($500,000.00) combined single limit. 51 10.5 If Martin hires a subcontractor for any portion of any work, then such subcontractor shall provide General Liability Insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). 10.6 Martin shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. All Certificates of Insurance must clearly identify the Agreement to which they pertain, including a brief description of the subject matter of the Agreement. 11. In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee Martin will have to pay the City before or during the Work, items or services to be provided or the percentage method or unit method of all licenses, permits and fees required by the City and payable to the City by virtue of the 'Work, items or services as part of this Agreement are as follows: 1 l.1. Martin shall have and maintain during the term of this Agreement any and all appropriate City licenses, permits, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES, PERMITS, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE). 11.2 During the performance of this Agreement, there may be times when Martin will be required to obtain a City permit for such Work, or in connection with the items or services. It is the responsibility of Martin to insure that it has the appropriate City permits as may become necessary during the performance of this Agreement. Any fees related to the City required permits in connection with this Agreement will be the responsibility of Martin. l 1.3 Licenses, permits, and fees that may be required by Broward County, state or federal entities are not included in the above list. 12. Martin shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: 5 (a) bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of Martin, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable in the performance of the work; (b) any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent rights by Martin in the performance of the work; (c) liens, claims, actions made by Martin or other party performing the work; (d) claims of whatsoever nature related to collection practices or related to an attempt to collect monies due or claimed to be due to the City. 13. Martin shall remove and replace any bench or shelter for the purpose of repairing, renovating or replacing same after written notice from City. Martin shall remove, repair, renovate or replace the benches or shelters within a reasonable period of time not to exceed seventy-two (72) hours from the date of the notice. Any such removal, repair, renovation or replacement shall be at the sole expense of Martin. In the event the bench or shelter is not removed, repaired, renovated or replaced within such time, it shall be deemed abandoned and City shall have legal title and right to treat the bench or shelter in any manner it deems necessary, including but not limited to its removal, repair, renovation or replacement at Martin's expense. Although the City has the right to request a removal, the total number of authorized benches shall remain, as provided above. 14. City shall have the right to request removal or relocation of a bench or shelter if the continued maintenance of the item at the location concerned will obstruct traffic or create a hazard to public safety, welfare, convenience, or if the abutting property owner or tenant on the adjacent property can justify an objection in writing directed to City concerning the continued maintenance of the bus bench or shelter at that location. 15. Martin agrees to remove language, any design or advertising that the City in its sole and exclusive discretion, deems to be immoral, obscene, lascivious or unacceptable. It is further agreed that if the City and Martin disagree as to whether the objectionable language, design or advertising is immoral, obscene, lascivious or unacceptable, the judgment of the City Z shall prevail, and Martin must abide by the City's demand for removal. In addition, Martin shall be prohibited from placing any advertising with respect to local political campaigns, whether the campaigns involve issues or offices, on any bus benches and/or bus shelters. 16. Martin agrees to remove any graffiti that may be placed on any bus benches and bus shelters within five (5) days of notification from the City. 17. There shall be no advertisement or sign on any bus bench or bus shelter that displays the words, "Stop", "Look", "Danger", or any other word, phrase, symbol or character that may interfere with, mislead, or distract pedestrians or vehicular traffic. 18. Any and all violations of this Agreement shall be brought to the attention of the parties to it by the party which charges such violations, and a notice in writing shall be directed to the one charged with the violation to cease such violation within ten (10) days from the receipt of the written notice. In the event this Agreement is cancelled because of a violation by Martin, Martin agrees to indemnity the City for any damages suffered by City as a result of it. 19. Neither party shall attempt to terminate or cancel this Agreement, whether by court action or otherwise, without having provided the other party with sixty (60) days' written notice of any alleged violation of it, together with a demand that such violation be cured within an allotted time as deemed reasonable by the City, taking into account the nature of the violation, except for matters addressed in paragraphs 21.1 and 21.2 below. 20. Notwithstanding anything contained in this Agreement, the City shall have the unilateral right to cancel and terminate this Agreement within ten (10) days of the City being advised that Martin has become insolvent by being unable to pay its debts when they become due and payable, by having the amount of its liabilities exceed the amount of its assets, if Martin commits an act of bankruptcy, makes a general assignment for the benefit of creditors, if there is filed by or against Martin a voluntary or involuntary petition in bankruptcy for the appointment of a receiver, or if Martin commences, under any law, an action related to bankruptcy, insolvency, reorganization or relief from debtors. 21. It is understood and agreed upon by and between the parties that the City may terminate or cancel this Agreement without penalty immediately upon reasonable notice to Martin and a reasonable opportunity to cure (which shall in no event be less than thirty (30) days) in the event Martin materially disregards the terms or conditions of this Agreement, or does not resolve complaints within thirty (30) days of receipt of notice of such complaint by 7 Martin. In the event of a termination under this Section 21, any money paid to City in advance shall be retained by City, and City shall incur no liability whatsoever to those who use Martin's services. 22. This Agreement shall not be assignable by Martin without the express written consent of the City. For the purpose of this paragraph, any sale or transfer of 51 % of the shares or assets of Martin, whether voluntarily or by operation of law, shall be deemed an assignment. 23. In the event of a default, the defaulting party is responsible for all costs and expenses including, but not limited to reasonable attorney fees, including appellate fees, suffered by the non -defaulting parting in conjunction with such action. 24. At the conclusion of the initial term of this Agreement (or at the conclusion of any extensions of it that may be agreed upon by the parties in writing), City shall have the sole and exclusive right to require Martin to remove all of the previously installed bus benches, bus shelters, or both from within the City. 25. Whenever any party desires to give notice to the other party, it must be given by written notice, sent by United States mail, certified, return receipt requested, addressed to the party for whom it is intended. The places for giving of the notice shall remain as set forth below until they shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, Martin and the City designate the following as the respective persons and places for giving of the notice: As to City: Robert Baldwin City Manager 100 West Dania Beach Boulevard Dania Beach, Florida 33004 As to City: Thomas J. Ansbro, Esquire City Attorney 100 West Dania Beach Boulevard Dania Beach, Florida 33004 As to Martin: InSite Martin Outdoor, LLC Attn: Scott Martin 150 NW 70th Avenue, Suite 3 Plantation, Florida 33317 26. The City and Martin respectively bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement. 0 27. Duties and obligations imposed by the Request for Proposal and Martin's Response to it and the rights and remedies available under them, shall be in addition to, and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law, or under this Agreement. 28. No action or failure to act by Martin shall constitute a waiver of a right or duty afforded it under this Agreement, nor shall such action or failure to act constitute approval of or acquiescence in a breach under it, except as may be specifically agreed to in writing. 29. All claims, counterclaims, disputes and other matters in question between City and Martin arising out of, relating to or pertaining to this Agreement, the breach of it, the services of it, or the standard of performance required under it, shall be addressed by resort to non -binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute(s), the parties shall resort to such mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a state court of competent jurisdiction located in Broward County, Florida, the Federal District Court of the Southern District of Florida or appropriate appellate courts for such venue and jurisdiction. The law of the State of Florida shall govern this Agreement and it is not subject to arbitration. In any litigation, the parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Agreement. The parties understand and agree that this waiver is a material term of this Agreement. 30. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and is authorized to bind and obligate such party with respect to all provisions contained in this Agreement. 31. The City's Request for Proposal for bus benches and bus shelters and Martin's Response to it and any and all exhibits referred to in this Agreement form an essential part of this Agreement. All documents, if not physically attached, are treated as part of this Agreement and 41 are incorporated into it by this reference. If there is any inconsistency between those documents and the terms of this Agreement, the terms of this Agreement shall prevail. 0 32. If any provision of this Agreement or application of it shall to any extent be held invalid or unenforceable, by any person or situation, the remainder of this Agreement and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, and shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 33. This Agreement represents the entire and integrated Agreement between the City and Martin and supersedes all prior negotiations, representations or agreements, either written or oral. 34. Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to enforce any right contained in it, shall not be construed as a waiver or relinquishment for the future of any such provision, condition or right, but the same shall remain in full force and effect. 35. In the event there is a conflict between any of the terms in any of the Proposal documents, in any and all Exhibits and any terms of this Agreement, the terms of this Agreement shall prevail. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals effective the day and year first written above. ATTEST: Louise Stilson, CMC City Clerk n CITY: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation S City APPROVED AS TO FORM AND CORRECTNESS: Th City Attorney 10 WITNESSES: Signature e3C,1r10s.&Y a. 1•�. e. PRI era // PRINT Name STATE OF FLORIDA } COUNTY OFJ&L4j } CONTRACTOR: INSITE MARTIN OUTDOOR, LLC a Delaware Limited Liability Company s��}fvl�ta�'fih, JOz lr PRINT Name/Title The foregoing instrument was acknowledged before me on 201211 as P-kt5 (�7�ft" of InSite Martin Outdoor, LLC, a Delaware Limited Liability Company, on behalf of the company. He/she is personally known to me or has produced TRW A. IVATO . Now► PWft • SM of Fftft .6 joitff Canu Mhion #f EE 20M My Commission Expires: 6 as identification and did (did not) take an oath. IL PRINT Name of Notary Public I. EXHIBIT "ONE" SCOPE OF SERVICES 1. The Vendor, at no cost to the City, shall provide all required permits, labor, materials, equipment and services necessary for providing, installing, repairing and Mal bus benches, bus shelters or both. Benches and shelters will be placed on public property or within the public right-of-way at locations approved by the City. Benches and shelters shall be constructed in full accordance with the latest edition of the Florida Building Code. 2. The City shall award a Contract for installation, repair and maintenance of bus benches, bus shelters or both. 3. The Vendor shall furnish and maintain public bus benches, bus shelters or both, at no cost to the City and will place such benches and shelters at locations approved in writing by the City and they shall be placed to achieve the maximum ridership and pedestrian safety and convenience. 4. All benches and shelters shall be constructed of first class materials. Vendor shall, at Vendor's expense, maintain all such benches and shelters in "like new" condition during the entire term of the Contract and the City shall have the right to inspect such benches and shelters periodically to determine their condition. Vendor shall replace or recondition to the satisfaction of the City any benches or shelters that the City determines are no longer in "like new" condition. S. The Vendor shall be authorized to provide, install and maintain, at its sole cost and expense, high quality, expertly designed commercial advertising displays to be placed upon bus benches and shelters approved and designated by the City; however, advertising of liquor, tobacco or tobacco products, political matter, adult book stores, adult theaters, adult escort services and pornographic or obscene matters and any other subject deemed objectionable by City is prohibited. The determination of objectionable, obscene or pornographic advertising shall be the right of the City and its decision on these matters shall be final. j 6. Any bus bench or bus shelter deemed to endanger life or property by the City Engineer and Chief Building Official shall be removed within one (1) day after notification is given by City to Vendor. 7. All bus benches and bus shelters shall be placed in accordance with the provisions of the Florida Administrative Code, Chapters 14-2- as amended and Florida Statutes, Section 337.407 and 337.408 as amended. In addition, the location of bus benches and bus shelters shall be subject to approval of the appropriate governmental agencies, including the City, Broward County Mass Transit Division, and the Florida Department of Transportation. 8. - All bus benches and bus shelters shall meet the accessibility criteria for persons with disabilities as set out in federal, state and local law and regulations including but not limited to, Florida Statute Section 337.408 and 553.503, as amended. Vendor shall install accessible concrete sidewalk pathways from the roadway edge of pavement to the bus benches and bus shelters and from behind or beside the benches or shelters to an existing sidewalk abutting a right-of-way. All bus shelters shall contain a seating bench. All benches of any kind must provide raised dividers to discourage sleeping on any bench. The size of benches shall be approved in writing by the City. The Vendor shall be responsible for applying for and obtaining all necessary building permits and paying all fees for the bus benches and bus shelter structures. The Company, its qualifier or both, shall be responsible for requesting and passing all necessary inspections. II. SPECIFICATIONS The City requires that the Vendor ensure that the bus benches and shelters meet or exceed the technical specifications described below. GENERAL 1. NO electrical power is to be provided to a bus shelter in any form. Power from a self-contained system such as solar panels is permitted. 2. Vendor shall be familiar with applicable planning, engineering, public . works and electrical codes and comply with such codes at all times. 3. All liability related to operation, construction, installation and repair of transit shelters shall be the sole responsibility of the Vendor. 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. Vendor 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. 8. Figures 1 through 4 depict the general characteristics of what the City envisions to be acceptable bus bench and bus shelter designs. I III. DESIGN QUALITIES 1. Benches (See attached Figure 1-Bus Bench) a All benches shall have ventilated seating for the comfort of bus patrons and shall be constructed of top grade materials. Advertising benches shall have an integral back design with nominal dimensions of six (6) feet wide by two (2) feet deep. Shelter seating shall not have an integral back design and have nominal dimensions to fit the shelter design. b. Benches shall be constructed of galvanized steel or other rust resistant material with durable, abrasion resistant, electrostatic paint surface coating. C. Stainless steel connections shall be provided when securing to the concrete pad, and utilize cover plates. Hardware shall be tamper resistant. d. Seating shall accommodate a minimum of three (3) persons. e. All bus benches and all shelters shall contain a seating bench with dividers to discourage sleeping on such benches. f. Benches shall have a trash receptacle of appropriate size containing the same characteristics as the bench design 2. Bus Shelters - (See attached Figure 2 - Bus Shelter; Figure 3 - City of Dania Beach Transit Shelter Program; and Figures 4-S2.01 and S2.02 - BCT Custom Pre -Fabricated Shelter -General Notes & Details Foundation Details) a Overall appearance — conformity with scale and character of surrounding neighborhoods and environment. Shelter designs shall reflect a quality image for the City and compliment the architectural character of each neighborhood. Proposal shall define proposed architectural details and designs. b. Detailing — roofline design, facial, framing and placement of ad panel. c. Stainless steel connections shall be provided when securing to concrete pad, and utilize cover plates. Hardware shall be tamper resistant. d. Integration of amenities into shelter design — seating placement, comfort, and transit information. Shelters must be designed to meet the current edition of the Florida Accessibility Code, the Florida Building Code, and the American with Disabilities Act Accessibility Guidelines (ADAAG); whichever is more stringent, as well as applicable state, county and municipal Codes, whichever is more stringent. e. Shall have permanent wheelchair access which allows thirty (30) inch minimum clearance on the side or back of the shelter, and shall not obstruct wheelchair user boarding or alighting from an accessible vehicle. Placement of shelter and seating shall not interfere with the use of existing sidewalks. f. Shall have a seating that accommodates a minimum of three (3) people. g. Shall have a trash receptacle of appropriate size containing the same characteristics and quality as the shelter design. h. Lighting/Appearance at Night: See -through visibility and patron safety. i. Shall offer see -through visibility from at least three (3) directions. j . Shall be illuminated at night from dusk until dawn by solar - powered means. k. Shall not be so illuminated as to be hazardous to passing vehicle operators. 1. Photometric plans of proposed shelter lighting indicating the design luminance should be provided with the submittal. The minimum maintained lighting level within the shelter shall be suitable for night time activities. m. Protection from wind and rain. IV. ADVERTISING PANEL 1. Benches a. The advertising display shall be displayed on the front side of the seatback integral to each installation. b. The advertising display shall be no greater than six (6) feet wide by two (2) feet deep. s a 2. 2. Bus Shelter a Advertising is permissible only on the panel or kiosk panels of the shelter furthest from approaching traffic. b. The shelter shall be equipped to incorporate a standard size advertising panel with maximum dimensions of four (4) feet by six (6) feet height. C. The advertising panel shall be internally illuminated. V. PLACEMENT Benches a. All benches shall be installed parallel with the adjacent roadway and secured to the ground. b. A minimum of a six (6) foot setback from the adjacent roadway or edge of driveway shall be maintained. In curbed roads, a minimum of thirty six (36) inches setback from the back of curb shall be maintained. C. maintained. A minimum of three (3) foot sidewalk clearance shall be Benches shall not be located within twenty five (25) feet of the right of way intersection corner, fire hydrant, fire or police call box or any other emergency facility. e. No bench shall be placed in the median of a divided roadway. f. Only one (1) bench per bus stop will be allowed unless otherwise directed by the City. Shelters a. All shelters shall be installed parallel with the adjacent roadway and secured to the ground. b. A minimum of a four (4) foot setback from the back of the adjacent curbed roadway or edge of driveway shall be maintained, with the exception that a minimum of thirty (30) inches from the face of the curb to the roof edge of the shelter overhang shall be maintained. c A minimum of four (4) foot sidewalk clearance shall be maintained. d. Shelters shall not be located within twenty-five (25) feet of the right of way intersection corner, fire hydrant, fire or police call box or any other emergency facility. e. All shelters shall be installed parallel to the adjacent roadway. f. No shelter shall be placed in the median of a divided roadway. !li�L•1► I /_\:j y_�N: [�i:L•\:iilll�liT 0 - - ;;i .�- YAM3 T. 1_ if ■.f-�S mot■ _ .a , _ • .4 • - >uY fr fir.Ilk, i Aaii "c2�'„.` __--�1.,- � 1�1'�ni[•�Y`Y'a �A. _=�`.A�-�'T.�■-.. �oi t�.s � h�f � �` � � rt`: `• i c,. •r" � aY T• '� 1 ,F. mod. T ♦ rIFF t 7r I'� 4 ? i ,T rev ,h4t�i7�i r , . � �• �. .. _. _ _ - _ - M. 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WT ■ VWL .wi 71 vrw- IF 7 Y 7J� rt Y a� �i •f i •-.� `r � 1 I r - ,a.' I � I�1fY II ld"`� a �' ■ _ yam` + rr 7* + T w + 1 r . 7YF t Or ■r D1s�►1VIM 01�r r�:��:���:�+�1�� '119 ACIlOROr CERTIFICATE OF �.-LIABILITY INSURANCE DATE (MMIDDIYYYY) 12/19 /12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificabs holier Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement,. A statement on this certfficate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCERCONTACT' Sun State Insurance 623 Northlake Blvd North Palm Beach, FL 33408 Phone (561) 848-1886 Fax (561) 842-9996 Diana PHONE INC, tio, . (561) 848-1886 FAX No): (561) 842-9996 E I dianaQsstins.net INSURE s AFFORDING COVERAGE NAIC 0 INSURER A: Soottsdale Insurance Company INSURED InSite Martin Outdoor LIC. 150 NW 70th Ave #5 Plantation, FL 33317 INSURER B INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILNSR TYPE OF INSURANCE ADOLSUOR WVD POLICY NUMBER POLICY EFF M DIYYYY POLICY EXP MMIDONYYY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ❑ [] CLAIMS -MADE Q OCCUR ❑ ❑ GEN'L AGGREGATE LIMIT APPLIES PER: © POLICY ❑ JFCTPRO- ❑ LOC Y CPS1652193 10/09/2012 1010912013 EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000.00 MED EXP (Any one person) $ 5,000.00 PERSONAL S ADV INJURY $ 1,000,000.00 GENERAL AGGREGATE s 2,000,000.00 PRODUCTS - COMPIOP AGG s 2,000,000.00 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED ❑ AUTOS ❑ AUTOS HIRED AUTOS ❑ NON -OWNED AUTOS ❑ ❑ OSINGLE LIMITrBIN cx+ ant BODILY INJURY (Per person) $ BODILY INJURY (Per accident) i PROPERTY DAMAGE Per accident $ $ ❑ UMBRELLA LIAS ❑ OCCUR ❑ EXCESS LIAO ❑ CLAIMS -MADE - EACH OCCURRENCE i AGGREGATE $ 11 DED ❑ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) El If yes, deumbe under DESCRIPTION OF OPERATIONS below N ! A E1 WC STATU. r-1 OTH- TORY UMMLJER E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Atbch ACORD 101, Additional Remarks Schedule, If nwm space lie required) Certillcate Holder Is Listed as Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dania Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 100 W. Dania Beach Blvd. AUTHORIZED REPRESENTATIVE Hollywood, FL 33004-3643 le 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010106) QF The ACORD name and logo are registered marks of ACORD . A !• rJtracAw3i CJ [r n I rn/S r/! WN Sf s SW.7 ♦/fsi EXHIBIT B The following modifications to Exhibit A shall apply specifically to the CITY of Tamarac. 1. References to thirty-five (35) benches shall be replaced with the actual number of benches to be provided to the CITY of Tamarac, as mutually agreed upon by CITY and CONTRACTOR. Locations shall be provided by CITY to CONTRACTOR within thirty (30) days of award of this Agreement. 2. References to "Martin" in Exhibit A shall be changed to "CONTRACTOR". 3. All references to "Bus Shelters" shall be deleted from this Agreement. 4. Sections 9 and 10 of Exhibit A shall be deleted. (See Final Agreement Sections 6 & 7.) 5. Section 12 of Exhibit A shall be deleted. (See Final Agreement Section 8.) 6. Section 13 of Exhibit A. Please add the following language: "Additionally, 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 benches 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 drain 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 repl_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." 7. Section 14 shall be amended as follows: CITY shall have the right to request removal of relocation of a bench ghal+ar nr WN in the event of a change in transit stems or other transportation system designations, changes in street design or rights -of -way or .changes the CITY deems necessary if the continued maintenance of the item at the location concerned will obstruct traffic or create a hazard to public safety, welfare, convenience, of if the abutting property owner or tenant on the adjacent property can justify an objection in writing directed to CITY concerning the continued maintenance of the bus bench or chaltaa�r, at that location, or changes in demographics which materially affect the pedestrian and vehicular traffic flow at or near bench established in connection herewith. In such City os T itnara Purchasing an Contracts Division ------------ ------------------------------- instances CONTRACTOR, at the CITY's written request, shall relocatea designated bench to another location mutually agreed to by the CITY and CONTRACTOR. The expense in connection with such relocation shall be borne by CONTRACTOR, and, the CONTRACTOR shall act expeditiously in order to relocate such benches, and in the event that a change of street design or right- of-way location shall require the relocation of a bench, CONTRACTOR shall coordinate its work with the CONTRACTORs or other personnel performing labor in connection with the change of street design or right -of wav 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 benches unless directed to do so in writing by the CITY. In the event the proposed location or removal of the bench is on private property or on property owned by a governmental agency other than the CITYs CONTRACTOR shall provide written consent from the property owner or governmental agency for the location_ or removal of the bench on the property._ Such written consent shall be submitted with CONTRACTOR's application for permission to install or remove the bench. The CITY agrees to cooperate with CONTRACTOR to help secure said written consent. In the event that a State Bench 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 CONTRACTOR Further, CONTRACTOR shallbe responsible for preparing all necessary paper work submitted by the CITY. 8. Section 15 — the last sentence shall be amended as follows: "In addition, CONTRACTOR shall be prohibited from placing any advertising with respect to local political campaigns, whether the campaigns involve issues or offices, tobacco firearms, massage parlors, adult book stores, adult theaters, adult escort services and pornographic or obscene matters. The determination of objectionable, obscene advertising shall be the right of the CITY whose decisions on these matters shall be final. CONTRACTOR shall provide ten percent of the total number of installed bus benches, for its own non-commercial use on a "space available" basis throughout the CITY, where "space available" means any bus bench which does not have a current advertisement on it and is not slated to have an advertisement installed on it for the duration of the time that the CITY wishes to use the bus bench for its non-commercial purpose. The CITY shall be responsible for the costs of the advertisement, but shall not be responsible to pay CONTRACTOR for ad space on these bus benches." 9. Delete Section 25 of Exhibit A. (See Final Agreement Section 17.) 10. Delete Section 29 of Exhibit A. (See Final Agreement Section 11. Add Section 36 to the Agreement titled "Miscellaneous Provisions" as follows: Cite of Tamarac .................................................................... 36. Miscellaneous Provisions. Pvsr _� asir_� and Cunt acts Division .................................................................................................................................................... 36.1 Bench Identification: Each bench shall be identified with a bench number, the name of the CONTRACTOR and an 800 or local telephone number. 36.2 Telephone Service: CONTRACTOR shall maintain an office in Broward or Miami -Dade County and shall provide the local supervising employee whom CITY may contact on a 24 hour basis. 36.3 Reports/Installation/Maintenance The CONTRACTOR shall submit to the CITY a quarterly report within fifteen (15 days of the end of each contract quarter. Each report shall contain the following: a) The location and date of installation of benches installed during the prior quarter. b) The location and date of removal of benches removed during the prior quarter. c) A listing of all benches located within the CITY and their locations, at the end of the prior quarter. d) A record of all maintenance repairs performed including date, bench locations 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. 37. Most Favored Nations Clause L 0111 U1, A A The CONTRACTOR agrees that in the event it enters into an agreement for the same (or substantially similar) scope of services, with another local government in Broward County, Florida which contains a term or condition, including revenue rates, charges or costs, which the City determines to be more favorable than the terms in this Aqreement, Vendor shall agree to an Addendum providing the other local government's more favorable terms or conditions, including revenue rates, charges or costs, to the CITY. Ply