HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-025Temp. Reso # 10335 - January 20, 2004
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Revision 1 — February 5, 2004
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO APPROVE AND EXECUTE
AMENDMENT #1 TO THE AGREEMENT BETWEEN THE
CITY OF TAMARAC AND SHELTER ADS MANAGEMENT
INC. FOR THE DESIGN, CONSTRUCTION, INSTALLATION
AND MAINTENANCE OF BUS SHELTERS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 25, 2003, the City of Tamarac entered into an Agreement with
Street Furniture Advertising Group, Inc. for the design, construction, installation and
maintenance of bus shelters by Resolution R2003-141, a copy of said Resolution is
attached hereto as Exhibit A; and
WHEREAS, on February 11, 2004, the City Commission approved the
Assignment, Delegation and Release Agreement among the City of Tamarac, Street
Furniture Advertising Group, Inc. and Shelter Ads Management, Inc., assigning all
rights, duties and obligations under the original Agreement dated June 25, 2003 to
Shelter Ads Management, Inc., a copy of said assignment agreement is attached
hereto as Exhibit B; and
WHEREAS, in correspondence dated December 3, 2003, Street Furniture
Advertising Group, Inc. requested the assignment and transfer of the Agreement to
Shelter Ads Management, Inc., modification of the original shelter design from a 9'
shelter with flat advertising panels to a 13' shelter with V-box advertising panel, and a
change in the time of installation commencement, a copy of Street Furniture Advertising
Group, Inc.'s request is attached hereto as Exhibit C; and
Temp. Reso # 10335 - January 20, 2004
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Revision 1 — February 5, 2004
WHEREAS, Shelter Ads Management, Inc. has validated the request to assign
and transfer the agreement, modify the shelter design and adjust the time of installation
commencement, as evidenced by Shelter Ads Management Inc.'s signature of
acknowledgement on City correspondence dated December 31, 2003, a copy of said
correspondence is attached hereto as Exhibit D; and
WHEREAS, the requested modifications to the shelter design, from a 9' shelter
with flat advertising panels to a 13' panel with V-box advertising panel, do not materially
alter the architectural style or aesthetics of the original shelter design, as evidenced by
specifications and renderings provided by the manufacturer, Tolar Manufacturing Co.,
Inc., attached hereto as Exhibit E; and
WHEREAS, City staff has determined that the extension of time to begin
installation of the shelters within ninety (90) days of execution of the assignment
agreement, and subsequent modification of the installation completion deadline to
October 31, 2004 is not unreasonable under the circumstances; and
WHEREAS, there are no other changes to the terms or conditions of the original
Agreement; and
WHEREAS, Shelter Ads Management, Inc. has executed Amendment #1 to the
Agreement, a copy of said amendment is attached hereto as Exhibit F; and
WHEREAS, the Director of Finance and the Purchasing and Contracts Manager
recommend approval and execution of Amendment #1 to the Agreement between the City
of Tamarac and Shelter Ads Management Inc.; and
C
1
1
Temp. Reso # 10335 - January 20, 2004
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Revision 1 — February 5, 2004
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to approve and
execute Amendment #1 to the Agreement between the City of Tamarac and Shelter Ads
Management Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof.
SECTION 2: The appropriate City officials are hereby authorized to
approve and execute Amendment #1 to the Agreement between the City of Tamarac
and Shelter Ads Management, Inc. for the design, construction, installation and
maintenance of bus shelters.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Temp. Reso # 10335 - January 20, 2004
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Revision 1 — February 5, 2004
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 111" day of February, 2004.
JOE SCHREIBER
Mayor
Lc.�rr[. _.�;°r.�' RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS O
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as io form.
MITCHEtC S. KRAI
CITY ATTORNEY
1
.1111 1 016b
Attachment 1
City of Tamarac. tz
EXHIBIT "A"
AGREEMENT T.R. 10335
BETWEEN THE CITY OF TAMARAC
AND
STREET FURNITURE ADVERTISING GROUP INC.
THIS AGREEMENT is made and entered into this ,25 day of 1unC, 20 03
by and between the City of Tamarac, a municipal corporation with principal offices located
at 7525 N.W. 88"' Ave., Tamarac, FL 33321 (the "CITY") and Street Furniture Advertising
Group, Inc., a Florida corporation with principal offices located at 4040 N. 29 h Avenue,
Hollywood (the "CONTRACTOR") to provide for Bus Shelter Design, Construction,
Installation and Maintenance, pursuant to RFP No. 03-1 OR.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and CONTRACTOR agree as follows:
1. THE CONTRACT DOCUMENTS
The contract documents consist of this Agreement, conditions of the RFP No. 03-
10R set forth in Exhibit 1, attached hereto and incorporated herein as if set forth in
full, (General, Supplementary and other Conditions), drawings, specifications, all addenda
issued prior to, and all modifications issued after execution of this Agreement. These
contract documents form the Agreement, and all are as if fully a part of the Agreement as
if attached to this Agreement or repeated therein. This agreement shall supersede any
conflicting terms and conditions included in RFP No. 03-1 OR.
2. TERM
The initial term of this Agreement shall be for a Ten (10) year period commencing
on July 3, 2003 and ending July 2, 2013.
CONTRACTOR shall begin installation of shelters not later than ninety (90) days
from execution of agreement or on a space available basis.
CITY shall have the sole option to renew this Agreement for one (1) additional five
(5) year term. Written notice of the CITY's intent to renew shall be provided to
CONTRACTOR one hundred twenty (120) days prior to the expiration of this Agreement.
3. TERMINATION
This Agreement may be terminated by CITY or CONTRACTOR for cause or by the
City for convenience, upon thirty (30) days of written notice by the terminating party to the
other party for such termination in which event the CONTRACTOR shall be paid its
compensation for services performed to termination date, including services reasonably
related to termination. In the event that the CONTRACTOR abandons this Agreement or
causes it to be terminated, CONTRACTOR shall indemnify the city against loss pertaining
City of Tamarac Chasing and Contracts Division
to this termination.
Default by CONTRACTOR: In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the City should the CONTRACTOR
neglect or fail to perform or observe any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of thirty
(30) days after receipt by CONTRACTOR of written notice of such neglect or failure.
4. THE WORK
The CONTRACTOR shall perform all work for the CITY as set forth in
CONTRACTOR's proposal and as required by the contract documents as set forth below:
a) CONTRACTOR shall furnish all labor, materials, and equipment necessary to install
and maintain bus shelters at public transit stops within the City limits.
b) CONTRACTOR shall have the exclusive right to construct, erect, install, repair and
maintain public bus shelters at no cost to the CITY, and to place such shelters at locations
on public property or within the public right-of-way approved by the CITY. The shelters shall
remain the sole property of the CONTRACTOR and must be removed within sixty (60) days
of termination of this Agreement. Upon termination of this Agreement, the CONTRACTOR
shall no longer possess the right to maintain, operate or install shelters within the City .The
CITY has approved placing and/or replacing shelters at the locations set forth in Exhibit "A"
to this Agreement. Placement of shelters at additional locations are subject to the approval
and/or direction of the City. All locations shall be public transit stops. All locations and
shelter installations must conform to federal, state, county and municipal laws, ordinances
and rules and regulations, including but not limited to the American's With Disabilities Act,
and have the approval of the CITY prior to installation of the shelters in accordance with
the provisions of this Agreement. CONTRACTOR shall have the sole responsibility, at its
sole cost expense, to obtain all necessary local, county, state and federal permits. All
shelters shall be located within twenty-five (25) feet of a bus stop. Only one (1) shelter is
permitted at a bus stop, unless agreed by CITY and CONTRACTOR that it is necessary to
have more than one shelter at a location. There shall not be an advertising bus bench
allowed at the same transit location as a permitted bus shelter. It is not the intent of the
CITY to allow unrestricted advertising.
c) All shelters shall be constructed of top grade materials and conform to the Florida
Building Code as well as all applicable state, county and municipal codes, as described in
the specifications and model as set forth in Exhibit "B" to this Agreement, attached hereto
and incorporated herein as if set forth in full. The CONTRACTOR shall obtain all
necessary permits for all shelter construction. However, the City shall cooperate with the
CONTRACTOR on permitting to the fullest extent possible and in accordance with the
Florida Building Code and State Statutes.
d) The CONTRACTOR shall install new shelters at all locations, as specified in Exhibit
"A". CONTRACTOR shall install a minimum of five shelters per month. Shelter locations
and order of replacement to be agreed upon between the CITY and CONTRACTOR.
City of Tamarac
Purchasing anti Contracts Division
The CONTRACTOR shall not be responsible for the removal of the existing bus
shelters installed by the previous bus shelter contractor; nor shall the CONTRACTOR be
responsible for removing any previous improvements, concrete pads or any other additions
utilized for the benefit of the previous bus shelter contractor.
e) The CONTRACTOR shall at its sole cost and expense maintain all such shelters in
good and serviceable condition during the entire term of this Agreement. Each shelter shall
be routinely visited for maintenance a minimum of every three days. Each shelter and
associated pad shall be power washed as needed however on a minimum of one time per
year. The CITY reserves the right to periodically inspect such shelters to determine their
condition. The CONTRACTOR shall remove, replace or recondition, to the satisfaction of
the CITY, any shelters. which the CITY determines, are not at an approved location or no
longer in good or serviceable condition. The style and construction of any replacement
shelters shall be the same as the shelter replaced, unless prior written CITY approval is
received. In the event CITY inspects and determines that shelter is in need of cleaning or
maintenance, CITY shall notify CONTRACTOR who shall perform maintenance within 2
business days. This section shall supersede any conflicting terms and conditions included
in RFP No. 03-1OR.
f) CONTRACTOR shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner. CONTRACTOR
shall comply with all OSHA safety rules and regulations in the operation of equipment and
in the performance of the work. CONTRACTOR shall at all times have a competent field
supervisor on the job site to enforce these policies and procedures at the CONTRACTOR's
expense.
g) CONTRACTOR shall provide the CITY with seventy-two (72) hours written notice
prior to the beginning of work under this Agreement and prior to any schedule change with
the exception of changes caused by inclement weather.
h) CONTRACTOR shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this Agreement, which
are applicable to the CONTRACTOR, its employees, agents or subcontractors, if any, with
respect to the work and services described herein.
S. REPAIR/REPLACEMENT/REMOVAL
In the event the CITY shall determine that a shelter should be repaired or replaced,
or constitutes unrestricted advertising in the CITY's sole opinion, or that a shelter does not
comply with this Agreement, it shall give the CONTRACTOR notice, identifying the exact
location of the shelter and corrective measure to be taken.
a) CONTRACTOR shall repair, replace, remove the shelter or take corrective
measures specified by CITY within two (2) business days of receipt of such notice.
City of Tamarac Purchasing and Contracts Division
b) In the event the CITY determines that a shelter or advertisement within a shelter,
constitutes a hazard to persons, pedestrians, property or vehicular traffic or seriously
disrupts the public right-of-way, the CITY shall notify CONTRACTOR who shall remove the
shelter or advertisement immediately upon receipt of - notice, but no longer than two (2)
business days from receipt of verbal or written notification, whichever occurs first.
c) In the event the CONTRACTOR fails to repair, replace or remove the shelter within
the above -specified periods, the CITY shall have the right to repair, replace or remove and
store the shelter at the expense of the CONTRACTOR.
d) If a shelter is to be removed under this provision, it may be moved to another
location agreed upon between the CITY and CONTRACTOR.
e) Upon termination CONTRACTOR shall have sixty (60) days to remove shelters.
Upon expiration of sixty (60) days CITY shall have the option to remove and store shelters
at CONTRACTORS expense. After sixty (60) days storage CITY shall have the option to
dispose of shelters at CONTRACTORS expense.
6. MAINTENANCE
It will be the CONTRACTOR's responsibility, at CONTRACTORS expense, to
maintain the shelter site and surrounding area for a minimum distance often (10) feet from
the shelter to insure that the site is free of trash, high grass, weeds or other rubbish,
fumigating the shelter as needed. Trash receptacles shall be located at all shelter sites; the
"CONTRACTOR" will provide trash pick up and disposal at no cost to City. Collection and
disposal service to be provided by CONTRACTOR on at a minimum one time per week or
on a more frequent basis as determined by the City.
7. REPAIR/REPLACEMENT OF PUBLIC/PRIVATE PROPERTY
The CONTRACTOR shall repair or replace all structures or facilities on public or
private property, which may have been damaged during construction, operation or removal
of bus shelters owned by the CONTRACTOR. The work shall include but not be limited to
sidewalks, driveways, posts, poles, walls, fences, gates, footing, trees, shrubs, lawns,
sprinklers, curbs, gutters, utilities (both overhead and underground), manholes, catch
basins, inlets, parkways, parkway drains, street surfaces, and landscaping in the parkway
areas. The work shall include furnishing and replacing planting soil, trees, shrubs, grass
sod and other ground cover planting as required to conform to the original surface
condition and cross-section as specified, and cleanup and removal of all surplus materials,
rubbish and trash of every nature remaining after the construction has been completed.
The CONTRACTOR further agrees to repair or replace public or private property in a
manner acceptable to the CITY. All repairs and replacements shall incorporate materials
and methods similar to those used in the original structure, unless otherwise specified.
This section shall survive termination of the agreement.
-- Purchasing and Contracts Division
City of Tamer.
8. RELOCATION OF SHELTERS
In the event of a change in transit stops or other transportation system designations,
changes in street design or rights -of -way or changes the CITY deems necessary for the
public health, safety, welfare and convenience, or changes in demographics which
materially affect the pedestrian and vehicular traffic flow at or near shelters established in
connection herewith, the CONTRACTOR, at the CITY's written request, shall relocate a
designated shelter to another location mutually agreed to by the CITY and the
CONTRACTOR. The expense in connection with such relocation shall be borne by the
CONTRACTOR, and the CONTRACTOR shall act expeditiously in order to relocate such
shelters, and in the event that a change of street design or right-of-way location shall
require the relocation of a shelter, the CONTRACTOR shall coordinate its work with the
CONTRACTORS or other personnel performing labor in connection with the change of
street design or right -of way location in order to accomplish the relocation expeditiously and
without interference to the work in connection with the relocation of streets or right-of-way.
COW FACTOR shall not place, remove or relocate shelters unless directed to do so in
writing by the City.
9. ADVERTISING
The CONTRACTOR shall be authorized to sell and install professionally designed,
commercial advertising to be placed upon specified shelters as set forth in Exhibit "A".
Provided, however, that advertising of tobacco, firearms, massage parlors, adult book
stores, adult theaters, adult escort services and pornographic or obscene matters are
prohibited. The determination of objectionable, obscene or pornographic advertising shall
be the right of the CITY whose decisions on these matters shall be final. All advertising
signs shall have a maximum size of forty-eight (48) inches by sixty-nine (69) inches.
CONTRACTOR shall provide at a minimum two non advertising shelters at locations
designated by City. The CONTRACTOR shall not be obligated to pay CITY for these
shelters.
CONTRACTOR shall provide space for CITY sponsored advertising messages on a
space available basis. In the event space is available for CITY sponsored advertising
messages, the CONTRACTOR shall provide the CITY with one (1) advertising panel, per
month, for each three (3) shelter locations that are in place from time to time. In no event
shall a paying customer be removed from an ad space that the CITY wants to utilize for
CITY messages. The CONTRACTOR shall not be responsible for paying for public service
message material. The CITY shall provide all necessary materials at its sole cost and
expense. However, the CONTRACTOR, will install at no additional cost to the CITY, such
public service advertisements within a reasonable time after said advertisements are
provided to the CONTRACTOR for installation.
City of Tamarac _ Purchasing and Contracts Division
10. SHELTER IDENTIFICATION
Each shelter shall be identified with a shelter number, the name of the
CONTRACTOR and an 800 or local telephone number.
11. TELEPHONE SERVICE
CONTRACTOR shall have during working hours personnel to answer the phone
when citizens call concerning shelters. A log of complaints about shelters, including the
subject of the complaint and the action taken, shall be kept and made available upon CITY
request.
12. AVAILABILITY
CONTRACTOR shall maintain an office in Broward County and shall within 10 days
of award of contract provide with the name, address, phone and fax number of local
supervising employee whom City may contact on a 24 hour basis.
13. REPORTS/INSTALLATIONS/MAINTENANCE
The CONTRACTOR shall submit to the CITY a quarterly report within fifteen (15)
days of the end of each contract quarter with first report due by October 15, 2003. Each
report shall contain the following:
(a) The location and date of installation of shelters installed during the prior quarter.
(b) The location and date of removal of shelters removed during the prior quarter.
(c) A listing of all shelters located within the CITY and their locations, at the end of the
prior quarter.
(d) A record of all maintenance performed including date, shelter location(s) and type of
work performed.
All reports shall be sent to the CITY's Building Official. The form of the report to be
developed by the CONTRACTOR is subject to the approval of the CITY. The CITY's
approval shall not be unreasonably withheld.
14. CONSENT OF PROPERTY OWNER
In the event the proposed location or removal of the shelter is on private property or
on property owned by a governmental agency other than the CITY, the CONTRACTOR
shall provide written consent from the property owner or governmental agency for the
location or removal of the shelter on the property. Such written consent shall be submitted
with the CONTRACTOR's application for permission to install or remove the shelter. The
CITY agrees to cooperate with the CONTRACTOR to help secure said written consent. In
A
_City of Tamarac - _ Purchasing and Contracts Division
r
the event that a State Shelter Permit is required the CITY shall submit all necessary paper
work for said permit on CONTRACTOR's behalf. All costs associated with securing the
state permit shall be borne by the CONTRACTOR. Further, the CONTRACTOR shall be
responsible for preparing all necessary paper work submitted by the CITY.
15. PAYMENT
In consideration of the right, privilege, and license to display advertising on transit bus
shelters throughout the CITY, CONTRACTOR agrees to pay CITY a guaranteed rate of:
Year 1-3
30
per shelter
er month
Year 4-5
40
per shelter
vier month
Year 6-7
$50
per shelter
per month
Year-8-9
57
per shelter
per month
Year 10 .$65
per shelter
per month
a) CONTRACTOR shall compensate the CITY at the guaranteed rate as set out above
or 15% of the net advertising revenues, whichever is greater, beginning on the date the
shelter is placed in service or advertising panel installed, whichever is sooner.
b) Net Advertising Revenues -The gross annual amount of revenues generated by the
CONTRACTOR pursuant to this agreement, less an industry standard deduction of fifteen
percent (15%) for licensed marketing and advertising agency commissions_ when
applicable. No other deductions shall be permitted under the term net advertising
revenues.
c) CONTRACTOR shall remit payment to the CITY on a semi-annual basis with first
payment being due January 15, 2004. CONTRACTOR shall submit a report with payment
to the CITY's Director of Finance documenting basis of and verifying accuracy of payment.
At a minimum, report shall detail the number and location of shelter sites, name(s) of
advertiser(s) and the total advertising revenue for the previous six month period.
d) Upon renewals guaranteed rate to be remitted by CONTRACTOR to CITY shall
increase to $75 per shelter per month for the term of the renewal.
16. DELIQUENCY
In the event CONTRACTOR fails to make the payment within 10 business days of
date due as hereinabove provided, CONTRACTOR shall pay an interest charge for each
day, or a fraction thereof, that payment is late. An Interest Factor shall be based on the
prime rate for the Chase Manhattan Bank, N.A. plus one percent (1 %). Calculation will be
illustrated as follows:
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
City of Tamarac PcrrChasing and Contracts Division
comply with all applicable state laws
17. INSURANCE
The CONTRACTOR shall not commence work under this Agreement until it has
obtained all insurance under this Paragraph and evidence of such insurance coverage has
been approved by the CITY. CONTRACTOR shall obtain at CONTRACTOR's expense all
necessary insurance in such form and amount as required by the CITY's Risk and Safety
Officer before beginning work under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, and all other insurance as required by the
CITY, including Professional Liability when appropriate. CONTRACTOR shall maintain
such insurance in full force and effect during the life of this Agreement. CONTRACTOR
shall provide to the CITY's Risk and Safety Officer certificates of all insurances required
under this section prior to beginning any work under this Agreement. The CONTRACTOR
will ensure that all subcontractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this agreement.
CONTRACTOR shall indemnify and hold the CITY harmless for any damages
resulting from failure of the CONTRACTOR to take out and maintain such insurance.
CONTRACTOR's Liability Insurance policies shall be endorsed to add the CITY as an
additional insured. CONTRACTOR sha!i he responsible for payment of all deductibles and
self-insurance retentions on CONTRACTOR's Liability Insurance policies.
a. COMMERCIAL GENERAL LIABILITY;
The minimum limits of liability shall be as follows:
General Aggregate $1,000,000
Each Occurrence $1,000,000
Personal & Advertising $1,000,000 aggregate
Injury $1,000,000 each occurrence
The CITY shall be named as an additional insured on each policy.
b. COMPREHENSIVE AUTOMOBILE LIABILITY: CONTRACTOR shall also carry
comprehensive Automobile Liability Insurance, which shall include coverage for "any auto"
within minimum combined single limit of $1,000,000.
C. WORKERS' COMPENSATION: The CONTRACTOR and its subcontractors shall
annually furnish proof of Workers' Compensation and Employer's Liability insurance to the
CITY in no less than the minimum limits required by the State of Florida.
d. CERTIFICATE OF INSURANCE: The CONTRACTOR and subcontractors shall
annually furnish the CITY proof of the insurance required. The COMPANY has provided
proof of existing insurance and the certificate is attached as Exhibit "C" to this Agreement.
To be acceptable to the CITY each insurance certificate shall name the CITY as an
additional insured and should contain a clause substantially as follows:
Should any of the above -described policies be canceled or undergo material change
before the expiration date, the issuing insurance CONTRACTOR will mail thirty (30) days'
Ciiy of TamaracW Purchasing and Contracts Division
written notice to the Risk Manager of the CITY of Tamarac, FL.
18. AMENDMENTS/ ASSIGNMENT OF AGREEMENT
a) The Agreement, or any portion of the Agreement, shall not be assigned by
CONTRACTOR without prior written consent of CITY, which consent will not be
unreasonably withheld.
b) Amendments which are consistent with the purposes of this Agreement may be
made with the mutual consent of the parties which consent shall be contained in a written
document executed with the same formality as the Agreement.
19. NO CONTINGENT FEE
CONTRACTOR warrants that it has not unlawfully employed or retained any
company or person, other than bona fide employees, consultants or advisors to solicit or
secure this Agreement and that it has not unlawfully paid or agreed to pay any company or
person any fee, commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of this Agreement. This language is not intended to
prevent the CONTRACTOR from retaining bona fide consultants and advisors. For the
breach or violation of this provision, CITY shall have the right to terminate the Agreement
without liability at its discretion and to otherwise recover damages it incur as a result of the
termination.
20. RECORDS RETENTION
CONTRACTOR shall keep at a location within Broward County accurate and
complete records and accounts of all advertising sales, expenses and other business being
transacted under this contract throughout the term of the contract, including any options,
terms, and for two (2) years following its expiration or cancellation including all extensions.
The CONTRACTOR agrees to allow duly authorized agents of the CITY to access any
books, documents, papers or records which are directly pertinent to the Agreement for the
purposes of making audit examinations, excerpts, and transactions and to maintain all
required records for one (1) year after the CITY's final payment and all other pending
matters are closed.
21. BANKRUPTCY
This agreement shall terminate in the case of bankruptcy (voluntary or involuntary)
or insolvency of CONTRACTOR. In the case of bankruptcy, such termination shall take
effect on the day and at the time that the bankruptcy action is filed.
22. HEADINGS
Headings hereon are for convenience of reference only and shall not be considered
on any interpretation of this Agreement.
City of Tamarac purchasing and Contracts Division
23. COMPLIANCE
CONTRACTOR shall promptly comply with all statutes, ordinances, rules, orders,
regulations and requirements of all local, state and federal agencies that are applicable to
the services rendered under the terms of this Agreement. Furthermore, CONTRACTOR
shall secure all applicable permits necessary for the fulfillment of CONTRACTOR's
obligations under the terms and conditions of this Agreement.
24. CONSTRUCTION
The parties to this Agreement hereby acknowledge that they have fully reviewed this
Agreement and have had the opportunity to consult with legal counsel of their choice, have
participated in the negotiation and drafting of this Agreement, and therefore, this
Agreement is not to be construed against either party as if they were the drafter of this
Agreement.
25. LIQUIDATED DAMAGES
The CONTRACTOR shall pay to the CITY $150.00 per day in liquidated damages
for any non -monetary breach not cured within ; ne required time frames as set forth in this
Agreement. This liquidated damages provision shall not apply to the CONTRACTOR's
failure to pay fees as required in Section 15 herein. The liquidated damages shall accrue
and be payable on a per diem basis until the breach is corrected. The imposition of
liquidated damages is based on the inability of the parties to ascertain the losses the CITY
will suffer because of this non -monetary breach.
26. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The work to be performed under this Agreement shall be commenced no later than
thirty (30) days after execution of the Agreement by the CITY. Shelter installations shall
begin within ninety (90) days of execution and be substantially completed no later than
April 30, 2004.
27. INDEMNIFICATION
The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and
appointed officials, employees, and agents from any and all claims, suits, actions,
damages, liability, and expenses (including attorneys' fees) in connection with loss of life,
bodily or personal injury., or property damage, including loss of use thereof, directly or
indirectly caused by, resulting from, arising out of or occurring in connection with the
operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or
independent CONTRACTORS, excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the gross negligence or willful misconduct of the
CITY or its elected or appointed officials and employees. The above provisions shall
survive the termination of this Agreement and shall pertain to any occurrence during the
term of this Agreement, even though the claim may be made after the termination hereof.
City of Tamarac , _ purchasing and Contracts Division
Nothing contained herein is intended nor shall be construed to waive CITY's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time to
time.
28. NON-DISCRIMINATION
The CONTRACTOR agrees that it shall not discriminate against any of its
employees or applicants for employment because of their age, handicap, race, color,
religion, sex, or national origin, and to abide by all federal and State laws regarding non-
discrimination. The CONTRACTOR further agrees to insert the foregoing provisions in all
subcontracts hereunder except subcontracts for standard commercial supplies or raw
materials. Any violation of such provisions shall constitute a material breach of this
Agreement.
29. INDEPENDENT CONTRACTOR
CONTRACTOR is an independent CONTRACTOR under this Agreement. Persunal
services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and
subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of
the CITY. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this Agreement shall be those of the
CONTRACTOR.
30. ASSIGNMENT AND SUBCONTRACTING
CONTRACTOR shall not transfer or assign the performance required by this
Agreement without the prior consent of the CITY. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the CITY.
31. NOTICE
Whenever either party desires or is required under this Agreement to give notice to any
other party, it must be given by written notice, sent by registered United States mail, with
return receipt requested, addressed to the party for whom it is intended at the following
addresses.
CITY
City Manager
City of Tamarac
7525 N.W. 88`h Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
11
City of Tamarac
Purchasing and Contracts Division
CONTRACTOR
Barry Kutun, President
Street Furniture Advertisin I Group, Inc
4040 N. 29 Ave.
Hollywood, Florida 33020
With a Copy to:
Ban Kutun
2012 Fisher Island Dr.
Fisher Island FL 33105
32. AGREEMENT SUBJECT TO FUNDING
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City
of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
33. VENUE
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
County, Florida.
34. SIGNATORY AUTHORITY
The CONTRACTOR shall provide the CITY with copies of requisite documentation
evidencing that the signatory for CONTRACTOR has the authority to enter into this
Agreement.
35. SEVERABILITY; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The non -enforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
36. MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between the CONTRACTOR and
the CITY, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or amended only by a written document
executed by both the CONTRACTOR and the CITY.
City of Tamaix Purchasing and Contrarts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, through its Mayor and
signing by and through its duly authorized to execute same.
ATTEST:
Marion Swenson, CIVIC
City Clerk
/ 3C/a
Date
ATTEST:
(Co orat c tary)
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
J e Schreiber, Mayor
Date '
Jeffre . M ler, City Manager
-rwAje, a s a -do 3
Date
Approved as to form and legal sufficiency:
Mitchell S. Kraft, City A orney /
Z'
Date
CONTRACTOR:
STRee"r
Contractor e
SignatVK of Presi
ikD u Qr2-r'1 i ( hJ
Type/Print Name of President/Owner
Date
a
City of 1"Imarac
F'UtCtUsinq and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
:SS
COUNTY OF � W 0" d,
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
J<4 `ta*' . a mrefatiw, 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 Za day of 200 3
ignature of Notary Public
State of Florida at Large
Cammission 0 DMIGU- 44
sona.a through Print, Type or Stamp
Noose..."a':�'""" ;"�;,.� Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
DID take an oath, or
DID NOT take an oath
15
EXHIBIT A
Existing and Proposed Shelter Locations
City of Tamarac
Address
ID
Qty
7010 Universi Dr. - McNab Road- East side
7200 Universit Dr.- In front of Piccadill Club -East Side
251
3209
1
2
7800 Universi Qr.- In front of Kidney Center -East side
250
3
7912 Universi Dr.- Tro iCal Plants Business -East side
199
8290 Universi Dr.- First Medical Bldg, - East side
3205
4
5
2340 Universi Dr. - South ate Blvd. - East Side
3207
7825 South ate Blvd - Universi Dr.- North side
3230
6
8299 Universi Dr. - Amoco Station - West side -
3205
7
7707 University Dr. - Woodmont - West side
3204
8
5000 Commercial Blvd. - Sabal Palm - South side
9
4999 Commercial Blvd. - Saba) Palm - North side
4110
5035
10
6825 University Dr.- Mid fa Plaza - West side
5067
11
12
McNab Rd. • NW 93 Ave. South side
5703 University Dr. - Midway Plaza - West side
2812
254
13
9910 McNab Rd. North side
14
5869 SR7 - West side'
3392
15
9910 McNab Rd. - Nob Hill Road - South side
3388
2827
16
4102 Commercial Blvd. - W of SR 7 - South side
5097
17
8161 Universi Dr. - Universit Club Apts. - West side
3208
18
19
6799 University Dr. - McNab Rd - West side
252
8245 NW 88 Ave. -East side _ _
20
8600 NW 88 Ave. - East side
5130
21
8275 NW 88 Ave. - West side
- 5167
22
8759 NW 57 St - North side
2936
23
7911 NOW 57 St - North side
4330
24
8734 Universi Dr. - McNab Rd. - East side
4326
2870
25
26
SE Corner of Commercial Blvd - SR 7 - fronting Commercial Blvd."
1273
27
1400 McNab Road
9618 Westwood Drive (BCT shelter in City limits
28
29
30
' no current shelter -potential sites
Street
Furniture
Advertising
SPECIFICATIONS
9' DOME ROOF BUS SHELTER
MODEL 9ALD VICPMI
Tolar Mfg. Co., Inc.
Advertising Model with Perforated Metal Walls
• Roof dimensions: 8' 7 7/8" x 4' 8" Height: 7' to bottom of roof perimeter
• The roof de.rogn ,eaturcN two circular sl,apcs running horizontally. One is used as a rain, �ur-r, iLc
other houses the electrical wiring in those shelters which feature lighting in the roof.
• The one-piece roof is welded from four lengths of aluminum extrusion, no snap together corners
which can be vandalized.
• Two roof beams are welded to the roof perimeter for placement of the supporting legs. Roof beams
are pre -drilled to facilitate field installation.
• Shelter advertising kiosk illuminated by solar lighting provided by others.
• 1/4" bronze tint double -wall Lexan Thermoclear twin wall acrylic panels in the roof allow
approximately 20% light transmission while completely blocking ultra violet and infrared rays.
Lexan panels are secured with flat bars and rubber gaskets, attached by Tek screws. No silicone
sealer is required.
• 16 gauge perforated metal panels with a custom Victorian style design form the rear wall. The
panels are radiused at the top with three 1 '/4" tubes supporting the top panel. Two of the tubes are
44 degrees from center. Two 4" diameter rings accent each side of the perforated panel. The
perforated panels have '/4" diameter holes on 3/8" centers and are held in place with stainless steel
glass supports which anchor to the concrete pad or sidewalk.
• Adjustable leveling shoes allow for up to 12" grade variation.
• The 2-sided flat back-to-back advertising kiosk features 3/16" clear tempered safety glass panels in
the two side -hinged display doors. Tamper proof fasteners secure the doors.
• All materials are top quality - we use only ASTM A-36 grade 3.5" schedule 40 pipe for structural
steel members and 6063-T6 grade aluminum extrusion with a minimum thickness of 1/8 inch. The
color selected for the City of Tamarac is RAL 6005 Moss Green
• All of the structure's metal surfaces feature a durable baked polyester powder coat finish, 4-5 ml
thick. The powder coating process produces no volatile organic compounds (VOCs). Powder coat
finish was created for durability in outdoor use and to withstand graffiti removal solvents.
• The shelter is supplied with all hardware, concrete anchors and electrical wiring for site installation.
Perforated Metal Bench
• 40" perforated metal bench. No back, one anti vagrant bar, durable baked powder coat finish
color RAL 6005 Moss Green, zinc anchors
Trash Receptacle
• 16 Gallon smooth side pole mount trash receptacle, hinged lid, durable baked powder coat finish
color RAL 6005 Moss Green, hardware
s �,M T q q C
of T lrr_rar. T.R. 10335 :n
P.
EXHIBIT "B"
ASSIGNMENT, DELEGATION AND RELEASE AGREEMENT
Among
CITY OF TAMARAC
And
STREET FURNITURE ADVERTISING GROUP INC. A FLORIDA CORPORATION
1 •;
SHELTER ADS MANAGEMENT INC. A FLORIDA CORPORATION
For
DESIGN INSTALLATION AND MAINTENANCE OF BUS SHELTERS FOR THE
CITY OF TAMARAC.
THIS ASSIGNMENT, DELEGATION AND RELEASE AGREEMENT ("Assignment
Agreement") is made by and among CITY OF TAMARAC, a political subdivision of the
State of Florida with principal offices located at 7525 NW 88" Avenue, Tamarac FL 33321,
its successors and assigns, hereinafter referred to as "CITY," through its City Commission.
/` m e
STREET FURNITURE ADVERTISING GROUP INC., A FLORIDA CORPORATION,
authorized to do business in the State of Florida, with principal offices located at 4040 N.
29" Avenue, Hollywood FL 33020, its successors and assigns, hereinafter referred to as
"CONTRACTOR"
SHELTER ADS MANAGEMENT INC., A FLORIDA CORPORATION, authorized to
do business in the State of Florida, with principal offices located at 19589 NE 101h Avenue,
North Miami FL 33179, its successors and assigns, hereinafter referred to as "ASSIGNEE."
W I T N E S S E T H
WHEREAS, CITY utilized due diligence in seeking responses from qualified
firms to design, install and maintain bus shelters for the citizens of the City of Tamarac; and
WHEREAS, CONTRACTOR, on the basis of Proposal made to CITY (dated March
26, 2003) was selected by CITY to provide this service and entered into an agreement
("Agreement") with CITY dated June 25, 2003, with an effective date of July 3, 2003; and
WHEREAS, CONTRACTOR has requested the assignment of all rights, duties and
obligations of CONTRACTOR under said Agreement; and
City cf Tamarac �- -- Purchasing and Contracts Division
WHEREAS, ASSIGNEE agrees to accept all rights, duties and obligations of said
Agreement on behalf of Contractor; and
WHEREAS, the parties desire to enter into this Assignment Agreement in order to
formalize the assignment of CONTRACTOR's rights, obligations and responsibilities under
this Agreement with respect to designing, installing and maintaining bus shelters for CITY
for the remainder of the term of this Agreement.
NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, CITY, CONTRACTOR and ASSIGNEE agree as follows:
1. DEFINED TERMS; RATIFICATION; CONFLICTS
1.1 DEFINED TERMS. All defined terms in this Assignment Agreement shall
have the same meaning as in the Agreement except as otherwise noted.
1.2 RATIFICATION. Except as amended and modified by this Assignment
Agreement, all of the terms, covenants, conditions, and agreements of the
Agreement are hereby ratified and shall remain in full force and effect.
1.3 CONFLICTS. In the event of any conflict between the provisions of the
Agreement and the provisions of this Assignment Agreement, the provisions
of this Assignment Agreement shall control.
2. EFFECTIVENESS
The Effective Date of this Assignment Agreement shall be February 15, 2004. The
assignment is expressly subject to and contingent upon the approval and execution of this
Assignment Agreement.
3. ESTOPPEL
The Agreement is the sole agreement pertaining to the assignment of the
Agreement by Street Furniture Advertising Group, Inc., a Florida Corporation, including the
rights, duties and obligations of CONTRACTOR. Neither CITY nor CONTRACTOR has
given a notice of default under the Agreement to the other party, neither CITY nor
CONTRACTOR is in default of its obligations under the Agreement. CITY and
CONTRACTOR acknowledge and agree that all obligations of the parties under the
Agreement up to the Effective Date of this Assignment Agreement have been fully
performed and paid for by the respective parties.
2
r
WHEREAS, CONTRACTOR has requested the assignment of all rights, duties and
obligations of CONTRACTOR under said Agreement; and
WHEREAS, ASSIGNEE agrees to accept all rights, duties and obligations of said
Agreement on behalf of Contractor; and
WHEREAS, the parties desire to enter into this Assignment Agreement in order to
formalize the assignment of CONTRACTOR's rights, obligations and responsibilities under
this Agreement with respect to designing, installing and maintaining bus shelters for CITY
for the remainder of the term of this Agreement.
NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, CITY, CONTRACTOR and ASSIGNEE agree as follows:
1. DEFINED TERMS; RATIFICATION; CONFLICTS
1.1 DEFINED TERMS. All defined terms in this Assignment Agreement shall
have the same meaning as in the Agreement except as otherwise noted.
1.2 RATIFICATION. Except as amended and modified by this Assignment
Agreement, all of the terms, covenants, conditions, and agreements of the
Agreement are hereby ratified and shall remain in full force and effect.
1.3 CONFLICTS. In the event of any conflict between the provisions of the
Agreement and the provisions of this Assignment Agreement, the provisions
of this Assignment Agreement shall control.
2. EFFECTIVENESS
The Effective Date of this Assignment Agreement shall be February 15, 2004. The
assignment is expressly subject to and contingent upon the approval and execution of this
Assignment Agreement.
3. ESTOPPEL
The Agreement is the sole agreement pertaining to the assignment of the
Agreement by Street Furniture Advertising Group, Inc., a Florida Corporation, including the
rights, duties and obligations of CONTRACTOR. Neither CITY nor CONTRACTOR has
given a notice of default under the Agreement to the other party, neither CITY nor
CONTRACTOR is in default of its obligations under the Agreement. CITY and
CONTRACTOR acknowledge and agree that all obligations of the parties under the
Agreement up to the Effective Date of this Assignment Agreement have been fully
performed and paid for by the respective parties.
and Cjn tracts Oaision
r.�
4. ASSIGNMENT AND DELEGATION
4.1 CONTRACTOR does hereby assign and delegate to ASSIGNEE, all of its
right, title and interest in and to the Agreement including all right, title and
interest in all reports, documents, or other data prepared and/or provided by
CONTRACTOR thereunder in connection with or related to the Agreement.
4.2 ASSIGNEE hereby accepts the assignment and delegation of the Agreement
and releases CONTRACTOR from all its obligations under the Agreement
after the Effective Date of this Assignment Agreement. ASSIGNEE further
agrees to assume all of CONTRACTOR's obligations thereunder and agrees
to perform and keep all of the terms, conditions, covenants, agreements,
liabilities and obligations to be performed thereunder from and after the
Effective Date of this Assignment Agreement.
4.3 CITY hereby acknowledges and consents to the assignment and delegation
by CONTRACTOR to ASSIGNEE of the Agreement as set forth herein, and
ASSIGNEE agrees to perform its obligations hereunder and be bound to
CITY pursuant to the terms of the Agreement.
5. RELEASE
CITY and CONTRACTOR hereby release and forever discharge each other for all
agreements, promises and obligations which each party had, now has or may have,
against each other arising out of, related to, or in connection with the rights and obligations
granted and accruing under the Agreement.
6. AMENDMENT OF TERMS AND CONDITIONS OF ORIGINAL AGREEMENT
6.1 On the Effective Date of this Assignment Agreement, all references in the
Agreement to "CONTRACTOR" shall be deemed to refer to "ASSIGNEE" in
order to effectuate the intent of the parties under this Assignment
Agreement.
6.2 ARTICLE 5, NOTICE, of the Agreement is hereby amended by deleting the
address for the current CONTRACTOR and inserting the following for
ASSIGNEE deemed CONTRACTOR after the Effective Date of this
Assignment Agreement:
CONTRACTOR
Eric Nadel, President
Shelter Ads Management, Inc.
19589 NE 10t" Avenue
North Miami FL 33179
PLI'-CP764sing 9--id Contracts Divisior
!tv. of Tir-, �ar:ic
... ..... . .... . .... .... -
7. APPLICABLE LAW AND 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.
8. THIRD PARTY RIGHTS
Nothing in this Assignment Agreement shall be construed to give any rights or
benefits to anyone other than CITY, CONTRACTOR or ASSIGNEE.
9. SUCCESSORS AND ASSIGNS
This Assignment Agreement shall inure to and be binding upon the authorized
successors and assigns of the parties.
10. WHEREAS CLAUSES
The information contained in the Whereas Clauses set forth above is true and
correct, and is hereby incorporated into the body of this Assignment Agreement.
11. MULTIPLE ORIGINALS
Multiple copies of this Assignment Agreement may be executed by all parties, each
of which, bearing original signatures, shall have the force and effect of an original
document.
'} of Tuai i-ac Pelthashnq a.,d Contr::�cfs Divisio
IN WITNESS WHEREOF, the parties hereto have made and executed this
Assignment: CITY OF TAMARAC signing by and through its Mayor and City Manager, duly
authorized to execute same; CONTRACTOR, signing by and through its President, duly
authorized to execute same and ASSIGNEE, signing by and through its President, duly
authorized to executed same.
ATTEST:
Marion Swenson, CIVIC
City Clerk
Date
CITY OF TAMARAC
Joe Schreiber, Mayor
Date
Jeffrey L. Miller, City Manager
Date:
Approved as to form and legal sufficiency:
Mitchell S. Kraft, City Attorney
City of P:urvr a;rnr, and Gonlrtirts Dio sign
U
ASSIGNMENT, DELEGATION AND RELEASE AGREEMENT AMONG CITY OF
TAMARAC AND STREET FURNITURE ADVERTISING GROUP, INC., A FLORIDA
CORPORATION AND SHELTER ADS MANAGEMENT, INC., A FLORIDA
CORPORATION, FOR THE DESIGN, INSTALLATION AND MAINTENANCE OF BUS
SHELTERS FOR THE CITY OF TAMARAC.
ATTEST:
(Corporate Secr tar
Type/Print Name of Corporate Secretary
(CORPORATE SEAL)
WITNESSES
Print Nadi-
Signature
Date
CONTRACTOR
STREET FURNITURE ADVERTISING
GROUP, INC.�y )
4
Signature of Pre tde
Barry Kutun
Type Name of President
� `\ v 1v`A
Date
Print Name
Signatur,
Date
City o, T imara ,
� t' !r ,SI/7(, ,91h� : p'�l7�1:'fa DIYlSIU/'
ACKNOWLEDGEMENT
STREET FURNITURE ADVERTISING GROUP, INC.
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
Barry Kutun, President of Street Furniture Advertising Group, Inc., a Florida Corporation, to
me known to be the person(s) described herein and who executed the foregoing instrument
and acknowledged before me that he/she executed the same.
WIR!~SS my hand and official seal this —day of
20
N BLIC
State of Florida at Large
9 acort C. euMc
My Comm EW 4nIM
No. W
1
C`' 1 2 11�
(Name of Notary Public: Print, Stamp, or
Type as Commissioned)
❑ Per nally known to me or
Produced Identification
FL C.--
Type of I.D. Produced
DID take an oath, or ❑ DID NOT take an oath.
r
. •i::N .1L'l•.IDr'
ASSIGNMENT, DELEGATION AND RELEASE AGREEMENT AMONG CITY OF
TAMARAC AND STREET FURNITURE ADVERTISING GROUP, INC., A FLORIDA
CORPORATION AND SHELTER ADS MANAGEMENT, INC., A FLORIDA
CORPORATION, FOR THE DESIGN, INSTALLATION AND MAINTENANCE OF BUS
SHELTERS FOR THE CITY OF TAMARAC.
ATTEST:
-C&j � It& -
(Corporate Secretary)
Type/Print Name of Corporate Secretary
(CORPORATE SEAL)
WITNESSES
i
Print Name
Signature [
/// If �i
Date
ASSIGNEE
SHELTER ADS MA A EMENT, INC.
Signature of President
Eric Nadel
Type Name of President
l o�
Date
Print Na
Signature 1�
Date
- ----- -- .... ..
r; c.; T ainarc;c ! Purchasu;qContracts attci Or•�rsfun
ACKNOWLEDGEMENT
SHELTER ADS MANAGEMENT, INC.
STATE OF FLORIDA :
:SS
COUNTY OF i,lll l� �ii
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
Eric Nadel, President of Shelter Ads Management, Inc., a Florida Corporation, to me
known to be the person(s) described herein and who executed the foregoing instrument
and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this _ Cday of J f La r-1
20"`t '
Susan Dewitt
+.s►^'P;,
Commission ODD253833
Expir, . i i; ' 01. 2007
y�GFM1
��""`���
w. -d T11R1
Atlantic t�aiding Co., Inc.
IL
NOTARY PUBLIC
State of Florida at Large
(Name of Notary Public: Print, Stamp, or
Type as Commissioned)
'� Personally known to me or
Produced Identification
Type of I.D. Produced
[] DID take an oath, or ❑ DID NOT take an oath.
a
`i.
r' Street
Furniture
Advertising
treet Furniture Advertising Group Inc
December 3rd, 2003
Hon_ Jeffrey L. Miller
City Manager
City of Tamarac
7525 N.W. 88th Ave.
Tamarac, FL 33321
EXHIBIT "C" RECEI \ F1 E COP
T.R. 10335 r ,
(Original Sent by Registered Mail, Returu,Re�Ceipt_l��quested)
I�IBUILD;!;D RTC
RE: Notice of Assignment and Transfer of Bus Shelter Contract
Dear Mr. Miller:
Pursuant to Paragraph 31 of the agreement between the City of Tamarac and Street Furniture
Advertising Group, Inc. for the installation and maintenance of bus shelters, effective July 3rd,
2003, please be advised of the following:
1. Street Furniture Advertising Group, Inc. has entered into an agreement to assign and
transfer all of its rights and obligations under said contract with the City, subject to
Paragraph 30 of said agreement providing for the prior consent of the City, to Shelter Ads
Management, Inc., a Florida corporation with offices at 19589 N.E. 1 Oth Ave., Miami, FL
33179.
2. The assignment and transfer of the contract is subject to the consent of the City and
approval of the bus shelter design being modified to the use of 13 foot shelters, in place
of 9 foot shelters, where applicable, with a V-Box designed illuminated ad panel. The bus
shelter is the exact design and same manufacturer as approved under the existing
contract. We are prepared to meet with the designated appropriate personnel to discuss
approval of the revised shelter size.
3. Shelter Ads Management, Inc. is prepared to begin installation of the bus shelters at the
rate of 5 per month, pursuant to Paragraph 4(d) of the contract beginning on March lst,
2004,
Could you please call me to set up meetings regarding design approval of the bus shelter size
change as soon as possible?
Sin rely, j
���
cc: Mitchell Kraft, Esq., Tamarac City Attorney
Gary B. Jones, Director, Tamarac Building Dept,
Eric Nadel, President, Shelter Ads Management, Inc.
4040 N. 29th Ave., Hollywood, FL 33020; Tel (954) 367-1440; Fax (954) 367-1443
r r«u i FAX NO. : 3059999eo1 Jan. 03 2004 1 1 : 50AM P2
1Ri31.i05 16:41 FAA 954 724 2408 OITy-TAXARAC-PURCHASI" WE! 00Z
EXHIBIT "D"
' y city of Tamarac
_ ... T.R.10335
"Committed to Excellence. ..Always'
Purchodna ano
Contracts Division
December 31, 2003
Mr. Eric Nadel
Shelter Ads Management, Inc.
19589 NE 100' Avenue
North Miami, FL 33179
Subject: Assignment of Controot for Furnishing of Bus Shelters
Dear Mr. Nadel:
This letter is written In confirmation of the understandings reached during the December 30,
2003, conference Call between you, City of Tamarac Building & Code Compliance Director Gary
Jones, and myself. During the meeting, we discussed issues related to the requested contract
assignment from Street Furniture Advertising Group, Incorporated, and your firm, Benoh Ads,
Incorporated, as well issues related to the scope of the contract.
As a result of our conference call, we arrived at odnaanaus on the following issues:
1. The facsimile note to Keith "Qantz", dated December 23, 2003, is no longer applicable to
the contract. The fax was replaced by a facsimile note dated deoembor 23, 2003, to
Qary Jones.
2, In confirmation of, and in addition to the facsimile to Mr. Jones, we have agreed to the
following:
a. Ths CWtraCt assignment shall be accommodated through a three -party
Assignment Agreement to be eonsidered by the Tamarac City Commission during
January, 2004, the text of which is currently under review by the City Attorney.
b. Any changes to the contract scops► shall bo acccmplished under a separate
Agreement, and shall be considered by the City Commission separately front the
Assignment request.
C. All shelters shall be uniform In size for purposes of consistency and
standardization. The current design featuring 9' shelters with flat illuminated panels
will be replaced by 13' sheftera with illuminated V-box panels.
d. The locations for the shelter installation shall remain at twenty-eight (29) as
indicated in the current contract agreement.
a. The commencement of shelter installation will be postponed to Marc 1, 2Uo4.
f. The shelters shall be exclusively powered by use of solar panels, I n Q SS n 0 o v
7525 NW 88th Avenue ■ 7G,mar , Flarlda 33321-240 ; (954) 724-24W ■ Fax (54) 72 2408 a�v ww.tG rDc.org
Eaua� Ovc�hriN ernploytr
a G S
FROM :$ENCHADS FAX NO. :3059999801 Jan. 03 2004 11:51AM P3
12/31/03 10:41 FAX 954 724 2408 CITY-TAMARAC-FURCHASING W�'on3
` GYty of Tamrarao Purchaoing and Gon"cis Dmaton
Please take the time to once again review the points listed herein. If you agree that this
summary correctly, reflects the understandings reached during our December 30, 2003,
conference call, please sigrt the "I Agree" line shown below. If you feel that this does not reflect
the understanding, sign the "I disagree" tine, and dotall any corrections that you feel should be
made. Dnoo you have cornpleted this process, please fax a copy to me at (954) 724-2408, and
follow-up the fax by sending a copy with an original signature to me at the follawing address:
Mr. Keith K. Glatz
Purchasing & Cvntraot8 Manager
City of Tarnarae
7925 NW 88"' Ave.
Tamarac, FL 33321
I look forward to receiving your rapid response.
Sincerely,
Keith K. Glatz, CPPQ
Purchasing & Contracts Manager
c: Gary Jones, Director of Building and Code Compliance
Diane Phillips, Assistant to the City Manager
Dona Newman, Director of Finance
The points in this correspondence accurately reflect the understandings reached during
the December $0, 2003, Conference Call between Mr. Erio Nadel, Mr. Qary .!ones and
Mr. Keith Glatz.
Agree:
(4,
I Disagree:
(Signature)
(Signature)
Please return via fax to (954) 724-2408
2
FROM :BENCHADS FAX NO. :3059999801 Jan. 03 2004 11:51AM P4
Changes to agreement:
E. Commencement of installation should be 90 days from city transfer of the agreement.
F. Unless approved by the city for the use of electric power instead.
(��z VI av",-
4
Street
=—Furniture
Advertising
SPECIFICATIONS
9' DOME ROOF BUS SHELTER
MODEL 9ALD-VICPMI
Tolar Mfg. Co., Inc.
Advertising Model with Perforated Metal Walls
• Roof dimensions: 8' 7 7/8" x 4' 8" Height: 7' to bottom of roof perimeter
• The roof design feati:re, two circular ,(;apes running, horizontally. Orie is used as a rail, rVri-r, [11v
other houses the electrical wiring in those shelters which feature lighting in the roof.
• The one-piece roof is welded from four lengths of aluminum extrusion, no snap together corners
which can be vandalized.
• Two roof beams are welded to the roof perimeter for placement of the supporting legs. Roof beams
are pre -drilled to facilitate field installation.
• Shelter advertising kiosk illuminated by solar lighting provided by others.
• 1/4" bronze tint double -wall Lexan Thermoclear twin wall acrylic panels in the roof allow
approximately 20% light transmission while completely blocking ultra violet and infrared rays.
Lexan panels are secured with flat bars and rubber gaskets, attached by Tek screws. No silicone
sealer is required.
• 16 gauge perforated metal panels with a custom Victorian style design form the rear wail. The
panels are radiused at the top with three 1 '/4" tubes supporting the top panel. Two of the tubes are
44 degrees from center. Two 4" diameter rings accent each side of the perforated panel. The
perforated panels have '/4" diameter holes on 3/8" centers and are held in place with stainless steel
glass supports which anchor to the concrete pad or sidewalk.
• Adjustable leveling shoes allow for up to 12" grade variation.
• The 2-sided flat back-to-back advertising kiosk features 3/16" clear tempered safety glass panels in
the two side -hinged display doors. Tamper proof fasteners secure the doors.
• All materials are top quality - we use only ASTM A-36 grade 3.5" schedule 40 pipe for structural
steel members and 6063-T6 grade aluminum extrusion with a minimum thickness of 1/8 inch. The
color selected for the City of Tamarac is RAL 6005 Moss Green
• All of the structure's metal surfaces feature a durable baked polyester powder coat finish, 4-5 ml
thick. The powder coating process produces no volatile organic compounds (VOCs). Powder coat
finish was created for durability in outdoor use and to withstand graffiti removal solvents.
• The shelter is supplied with all hardware, concrete anchors and electrical wiring for site installation.
Perforated Metal Bench
• 40" perforated metal bench. No back, one anti vagrant bar, durable baked powder coat finish
color RAL 6005 Moss Green, zinc anchors
Trash Receptacle
• 16 Gallon smooth side pole mount trash receptacle, hinged lid, durable baked powder coat finish
color RAL 6005 Moss Green, hardware
I'V { . F
T� F
LAR M FG.
C❑, lNC.
MODEL 13ALD-VICPMSFL
1Y ADVERTISING BUS SHELTER - TAMARAC
Dome Roof Model -Custom Victorian Style Perforated Metal
SPECIFICATIONS
• Roof dimensions: 12'7 7/8" x 4'8" Height: 7' to bottom of roof perimeter
• The roof design features two circular shapes running horizontally. One is used as a rain gutter, the other
houses electric wiring for the overhead security lighting.
• The one piece roof is welded from four lengths of aluminum extrusion; there are no snap together
corners which can be easily vandalized.
• Two roof beams are welded to the roof perimeter; one for placement of the advertising kiosk, the other
for placement of the supporting legs. The supporting leg beam also houses the overhead security
lighting fixture.
• Standard shelter lighting is solar provided by others.
• Roof beams are pre -drilled to facilitate field installation.
• 1/4" bronze tint double -wall Lexan Thermoclear twin wall acrylic panels in the roof allow
approximately 20% light transmission while completely blocking ultra violet and infra -red rays. Lexan
panels are secured with flat bars and rubber gaskets, attached by Tek screws. No silicone sealer is
required.
• 16 gauge perforated metal panels with a custom Victorian style design form the rear wall. The panels
are radiused at the top with three 1 '/4" tubes supporting the top panel. Two of the tubes are 44 degrees
from center. Two 4" diameter rings accent each side of the perforated panel. The perforated panels
have '/4" diameter holes on 3/8" centers and are held in place with stainless steel glass supports which
anchor to the concrete pad or sidewalk.
• Two 3" steel pipe legs support the roof structure opposite the advertising kiosk, the advertising kiosk
has three legs.
• The 2-sided 48" "Semi-V" angled advertising kiosk features fluorescent lighting and holds the standard
size bus shelter poster 48" x 68".
• The two side- hinged advertising kiosk doors have 3/16" clear tempered safety glass panels. Tamper
proof fasteners are used to secure the doors.
• Five adjustable leveling feet allow up to 12" variations in grade.
• The shelter is supplied with all hardware, concrete anchors and electrical wiring for site installation.
• All materials are top quality - we use only ASTM A-36 grade 3.5" minimum schedule 40 pipe for
structural steel members and 6063-T6 grade aluminum extrusion with a minimum thickness of 1/8 inch.
• All of the structure's metal surfaces feature a durable baked polyester powder coat finish, 4-5 ml thick.
The powder coating process produces no volatile organic compounds (VOCs). Powder coat finish was
created for durability in outdoor use and to withstand graffiti removal solvents. The city of Tamarac has
selected RAL 6005 Moss Green
• All bolts, washers and hardware are included.
Perforated Metal Bench
40" perforated metal bench. No back, one anti vagrant bar, durable baked powder coat finish
color RAL, 6005 Moss Green, zinc anchors
Trash Receptacle
16 Gallon smooth side pole mount trash receptacle, hinged lid, durable baked powder coat finish
color RAL 6005 Moss Green, hardware
• This shelter, bench and trash receptacle carry a one-year warranty.
City of Tamarac Purchasing and Cootrarts Division
AMENDMENT #1
TO AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND SHELTER ADS MANAGEMENT, INC.
The CITY OF TAMARAC ("City"), a municipal corporation of the State of Florida,
with principal offices located at 7525 NW 88th Avenue, Tamarac, FL, and Shelter Ads
Management, Inc., a Florida corporation, with principal offices located at 19589 NE 10
Avenue, North Miami, Florida 33179, ("Contractor") agree to amend the Agreement for
the Design, Installation and Maintenance of Bus Shelters for the City of Tamarac June
25, 2003, with an effective date of July 3, 2003, and assigned on February 15, 2004, as
follows:
1. Amend section 2. "Term", paragraph 2 as follows:
CONTRACTOR shall begin installation of shelters not later than ninety (90) days.
from execution of agresnaeRt Assignment. Delegation and Release Agreement or on a 2(c. (0
space available basis.
2. Amend section 26. `Time of Commencement and Substantial Completion" as follows:
The work to be performed under this Agreement shall be commenced no later
than (30) days after the execution of the Assignment Agreement by the CITY. Shelter
installations shall begin within (90) days of execution and be substantially completed no
later than April8 October 31, 2004.
3. Exhibit B of the original agreement shall be amended as follows:
Replace the existing Exhibit B, with the Revised Exhibit B, dated January 15,
2004, which replaces the original Tolar Mfg. Model 9ALD-VICPM2 9' Dome Roof Bus
Shelter with a Tolar Model 13ALD-VICPMSFL 13' Dome Roof Bus Shelter and replacing
the flat advertising panels with a V-box advertising panel, in accordance with the
specifications shown on the Revised Exhibit B.
All other provisions of the original agreement remain in effect as written.
Words struck through are deletions from the agreement. Words underlined are additions to the agreement
A
of 'Timar-ac "; Purchasing arc' Contracts Division
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City of
Tamarac signing by and through its Mayor and City Manager, and Shelter Ads
Management, Inc., signing by and through its President, duly authorized to execute
same.
►_1111m,"
Marion Swenson, CIVIC
City Clerk
Date
CITY OF TAMARAC
J e Schreiber, Mayor
Date mm
Jeffre . M er, City Manager
14 1 Cl c 1
Date
rove as to or n anc/*gal sufficiency:
Mitchell 5_ aft, Cit orn
Date
eA
City of Tamarac
tPurchasircg and Contacts Division
ATTEST:
(Corporate Secretary)
ILI
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
Shelter Ads Management, Inc.
Company Name
Signature of President
Eric Nadel
Type/Print Name of President
Date
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
" D -, . 'SS
COUNTY OF V 1�(-
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
Eric Nadel, President of Shelter Ads Management, Inc., a Florida Corporation, to me
known to be the person(s) described in the foregoing instrument and acknowledged
before me that he/she executed the same.
WITNESS my hand and official seal this _ �� day of � L� �' , 2004.
01206t00 * uops wwoo �'f�•.
LMVCN w:
MON ID 4�11- "MM AM M
Signature of Notary 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
❑ DID NOT take an oath.
3
REVISED EXHIBIT "B"
TM FOAR MFG.O. INC.
MODEL 13ALD-VICPMSFL
091nU )AN _3A.M.hy 1012:311W OR 104_11111141:110 II,a /: 41341T 7
Dome Roof Model -Custom Victorian Style Perforated Metal
SPECIFICATIONS
• Roof dimensions: 12'7 7/8" x 4'8" Height: 7' to bottom of roof perimeter
• The roof design features two circular shapes running horizontally. One is used as a rain gutter, the other
houses electric wiring for the overhead security lighting.
• The one piece roof is welded from four lengths of aluminum extrusion; there are no snap together
corners which can be easily vandalized.
• Two roof beams are welded to the roof perimeter; one for placement of the advertising kiosk, the other
for placement of the supporting legs. The supporting leg beam also houses the overhead security
lighting fixture.
• Standard shelter lighting is solar provided by others.
• Roof beams are pre -drilled to facilitate field installation.
• 1/4" bronze tint double -wall Lexan Thermoclear twin wall acrylic panels in the roof allow
approximately 20% light transmission while completely blocking ultra violet and infra -red rays. Lexan
panels are secured with flat bars and rubber gaskets, attached by Tek screws. No silicone sealer is
required.
• 16 gauge perforated metal panels with a custom Victorian style design form the rear wall. The panels
are radiused at the top with three 1 %" tubes supporting the top panel. Two of the tubes are 44 degrees
from center. Two 4" diameter rings accent each side of the perforated panel. The perforated panels
have ''/a" diameter holes on 3/8" centers and are held in place with stainless steel glass supports which
anchor to the concrete pad or sidewalk.
• Two 3" steel pipe legs support the roof structure opposite the advertising kiosk, the advertising kiosk
has three legs.
• The 2-sided 48" "Semi-V" angled advertising kiosk features fluorescent lighting and holds the standard
size bus shelter poster 48" x 68".
• The two side- hinged advertising kiosk doors have 3/16" clear tempered safety glass panels. Tamper
proof fasteners are used to secure the doors.
• Five adjustable leveling feet allow up to 12" variations in grade.
• The shelter is supplied with all hardware, concrete anchors and electrical wiring for site installation.
• All materials are top quality - we use only ASTM A-36 grade 3.5" minimum schedule 40 pipe for
structural steel members and 6063-T6 grade aluminum extrusion with a minimum thickness of 1/8 inch.
• All of the structure's metal surfaces feature a durable baked polyester powder coat finish, 4-5 ml thick.
The powder coating process produces no volatile organic compounds (VOCs). Powder coat finish was
created for durability in outdoor use and to withstand graffiti removal solvents. The city of Tamarac has
selected RAL 6005 Moss Green
• All bolts, washers and hardware are included.
Perforated Metal Bench
• 40" perforated metal bench. No back, one anti vagrant bar, durable baked powder coat finish
color RAL 6005 Moss Green, zinc anchors
Trash Receptacle
• 16 Gallon smooth side pole mount trash receptacle, hinged lid, durable baked powder coat finish
color RAL 6005 Moss Green, hardware
• This shelter, bench and trash receptacle carry a one-year warranty.
Street EXHIBIT B
=—Furniture
Advertising
SPECIFICATIONS
9' DOME ROOF BUS SHELTER
MODEL 9ALD VICPMI
Tolar Mfg. Co., Inc.
Advertising Model with Perforated Metal Walls
• Roof dimensions: 8' 7 7/8" x 4' 8" Height: 7' to bottom of roof perimeter
• The fQt)f deSlJn iFatl;re, two G,Irc ]lar 3iiapcs mmnitlg horizontally_ One is used as a rain t;ov,--r, 111v
other houses the electrical wiring in those shelters which feature lighting in the roof.
• The one-piece roof is welded from four lengths of aluminum extrusion, no snap together corners
which can be vandalized.
• Two roof beams are welded to the roof perimeter for placement of the supporting legs. Roof beams
are pre -drilled to facilitate field installation.
• Shelter advertising kiosk illuminated by solar lighting provided by others.
• 1/4" bronze tint double -wall Lexan Thermoclear twin wall acrylic panels in the roof allow
approximately 20% light transmission while completely blocking ultra violet and infrared rays.
Lexan panels are secured with flat bars and rubber gaskets, attached by Tek screws. No silicone
sealer is required.
• 16 gauge perforated metal panels with a custom Victorian style design form the rear wall. The
panels are radiused at the top with three 1 '/4" tubes supporting the top panel. Two of the tubes are
44 degrees from center. Two 4" diameter rings accent each side of the perforated panel. The
perforated panels have '/4" diameter holes on 3/8" centers and are held in place with stainless steel
glass supports which anchor to the concrete pad or sidewalk.
• Adjustable leveling shoes allow for up to 12" grade variation.
• The 2-sided flat back-to-back advertising kiosk features 3/16" clear tempered safety glass panels in
the two side -hinged display doors. Tamper proof fasteners secure the doors.
• All materials are top quality - we use only ASTM A-36 grade 3.5" schedule 40 pipe for structural
steel members and 6063-T6 grade aluminum extrusion with a minimum thickness of 1/8 inch. The
color selected for the City of Tamarac is RAL 6005 Moss Green
• All of the structure's metal surfaces feature a durable baked polyester powder coat finish, 4-5 ml
thick. The powder coating process produces no volatile organic compounds (VOCs). Powder coat
finish was created for durability in outdoor use and to withstand graffiti removal solvents.
• The shelter is supplied with all hardware, concrete anchors and electrical wiring for site installation.
Perforated Metal Bench
• 40" perforated metal bench. No back, one anti vagrant bar, durable baked powder coat finish
color RAL 6005 Moss Green, zinc anchors
Trash Receptacle
+ 16 Gallon smooth side pole mount trash receptacle, hinged lid, durable baked powder coat finish
color RAL 6005 Moss Green, hardware