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City of Tamarac Resolution R-2003-169
Temp. Reso, #10164 —June 11, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- i 69 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AWARDING RFP NO. 03-10R TO AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH MARTIN OUTDOOR MEDIA, INC. TO FURNISH BUS BENCHES FOR THE CITY OF TAMARAC FOR A FIVE YEAR PERIOD BEGINNING JULY 16, 2003 THROUGH JULY 15, 2008 WITH AN OPTION TO RENEW FOR AN ADDITIONAL FIVE YEAR PERIOD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current agreement for bus benches expires on July 15, 2003; and WHEREAS, a competitive process was undertaken to solicit proposals from qualified companies to provide bus benches for the citizens and residents of the City of Tamarac, and WHEREAS, the City of Tamarac published RFP # 03-10R on February 28, 2003, attached hereto as Exhibit "1" of Atttachment "1" to provide for Bus Bench and Shelter Design Construction, Installation and Maintenance; and WHEREAS, the City reserved the right to award separate agreements for the provision of bus benches and bus shelters; and WHEREAS, no companies proposed to provide both bus benches and bus shelters; and WHEREAS, proposals were submitted by the following companies for the provision of bus benches; and 1. Bench Ads Management, Incorporated 2. Martin Outdoor Media, Incorporated WHEREAS, upon serious review and consideration by the Evaluation Committee consisting of the Assistant to the City Manager, Director of Community Development, Building Temp. Reso, #10164 —June 11, 2003 Page 2 Official, Public Works Project Manager and Management Analyst it was determined that Martin Outdoor Media, Inc is the most responsible and responsive proposer; and WHEREAS, it is the recommendation of the Assistant to the City Manager and the Interim Purchasing and Contracts Manager that RFP # 03-10R providing for the Design, Construction Installation and Maintenance of Bus Benches be awarded to and an agreement executed with Martin Outdoor Media, Inc. for furnishing bus benches within the City of Tamarac for a period beginning July 16, 2003 through July 15, 2008 with an option to renew for and additional five year period; and WHEREAS, the City Commission of the City of Tamarac Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award RFP No. 03-10R to and authorize the appropriate City Officials to execute an agreement with Martin Outdoor Media, Inc, to provide for installation and maintenance of bus benches within the City limits of the City of Tamarac. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the appropriate City Officials are hereby authorized 'to award the Request for Proposal (RFP # 03-10R), hereto attached as Exhibit 1" of Attachment Attachment 1 ", and execute the agreement between the City of Tamarac and Martin Outdoor Media, Inc., hereto attached as Attachment 1", providing for design, construction, installation and maintenance of bus benches in the City of Tamarac for a five year period beginning July 16, 2003 through July 15, 2008, with an option to renew for and additional five year period. Temp. Reso, #10164 —June 11, 2003 Page 3 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 9t" day of July, 2003. J E SCHREIBER �_ ayor ATTEST: j' RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF �1 DIST 4: VIM ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. i MITCHELL'S. KF CITY ATTORN 1 TR 10164 Attachmcnt l City of Tamarac � Purchasing and Contracts Division HI AGREEMENT BETWEEN THE CITY OF TAMARAC AND MARTIN OUTDOOR MEDIA. INC. THIS AGREEMENT is made and entered into this 1� VIA r day of 20o3 by and between the City of Tamarac, a municipal corporation with ri ipal offices located at 7525 N.W. 88 h Ave., Tamarac, FL 33321 (the "CITY") and Martin Outdoor Media, Inc., a Florida corporation with principal offices located at 19501 NE 10th Ave, Bay H, North Miami Beach (the "CONTRACTOR") to provide for Bus Bench 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 "'I", 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 fully a part of the Agreement as if attached to this Agreement or repeated therein. This agreement shall supercede any conflicting terms and conditions included in RFP No. 03-1OR. 2. TERM The initial term of this Agreement shall be for a five (5) year period commencing on July 16, 2003 and ending on July 15, 2008. 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 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 neglect or fail to perform or observe any of the terms, provisions, „ wn City of Tamarac Purchasing and Contracts Division 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 benches at public transit stops within the CITY limits. b) CONTRACTOR shall have the exclusive right to construct, erect, install, repair and maintain public bus benches at no cost to the CITY, and to place such benches at locations on public property or within the public right-of-way approved by the CITY. The benches 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 benches within the CITY. The CITY has approved placing and/or replacing benches at the locations set forth in Exhibit "A” to this Agreement. Placement of benches at additional locations is subject to the approval and/or direction of the CITY. All locations shall be public transit stops. All locations and bench 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 benches 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 benches shall be located within twenty-five (25) feet of a bus stop. Only one (1) bench is permitted at a bus stop, unless agreed by CITY and CONTRACTOR that it is necessary to have more than one bench at a location. There shall not be an advertising bus bench allowed at the same transit location as a permitted bus bench. It is not the intent of the CITY to allow unrestricted advertising. c) All benches 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 bench 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 benches at all locations, as specified in Exhibit "A". Bench locations and order of replacement to be agreed upon between the CITY and CONTRACTOR. e) The CONTRACTOR shall at its sole cost and expense maintain all such benches in good and serviceable condition during the entire term of this Agreement. Each bench shall be routinely visited for maintenance a minimum of every three (3) days. Each 2 A City of Tamarac Purchasing and Contracts Division P bench and associated pad shall be pressure washed with no more than 3,500 psi as needed however at a minimum of one (1) time per year. The CITY reserves the right to periodically inspect such benches to determine their condition. The CONTRACTOR shall remove, replace or recondition, to the satisfaction of the CITY, any benches, 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 benches shall be the same as the bench replaced, unless prior written CITY approval is received. In the event CITY inspects and determines that bench is in need of cleaning or maintenance, CITY shall notify CONTRACTOR who shall perform maintenance within two (2) business days. This section shall supercede any conflicting terms and conditions included in No. 03-10R. 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 ninety six (96) 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 a) In the event the CITY shall determine that a bench should be repaired or replaced, or constitutes disallowed advertising in the CITY's sole opinion, or that a bench does not comply with this Agreement, it shall give the CONTRACTOR notice, identifying the exact location of the bench and corrective measure to be taken, and the CONTRACTOR shall repair, replace, remove the bench or take corrective measures specified by CITY within two (2) business days of receipt of such notice. b) In the event the CITY determines that a bench or advertisement on a bench, poses a risk to the health, safety and welfare of persons, pedestrians, property or vehicular traffic or seriously disrupts the public right-of-way, the CITY shall notify CONTRACTOR who shall remove the bench 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 bench within the above -specified periods, the CITY shall have the right to repair, replace or remove and store the bench at the expense of the CONTRACTOR. 3 City of Tamarac Purchasing and Contracts Division d) Upon termination CONTRACTOR shall have sixty (60) days to remove benches. Upon expiration of sixty (60) days CITY shall have the option to remove and store benches at CONTRACTORS expense. After sixty (60) days storage CITY shall have the option to dispose of benches at CONTRACTOR's expense. 6. MAINTENANCE It will be the CONTRACTOR's responsibility, at CONTRACTOR's expense, to maintain the bench site and surrounding area for a minimum distance of ten (10) feet from the bench to insure that the site is free of trash, high grass, weeds or other rubbish, fumigating the bench as needed. Trash receptacles shall be located at bench sites as designated by the CITY. The CONTRACTOR will provide trash pick up at no cost to CITY for disposal at a location to be specified by the 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 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 drains, street surfaces, and landscaping in the parkway areas. The work shall include furnishing and replacing planting soil, trees, shrubs, grass sod and other ground cover planting as required to conform to the original surface condition and cross-section as specified, and cleanup and removal of all surplus materials, rubbish and trash of every nature remaining after the construction has been completed. The CONTRACTOR further agrees to repair or replace public or private property in a manner acceptable to the CITY. All repairs and replacements shall incorporate materials and methods similar to those used in the original structure, unless otherwise specified. This section shall survive termination of the agreement. 8. RELOCATION OF BENCHES 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 bench established in connection herewith, the CONTRACTOR, at the CITY's written request, shall relocate a designated bench 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 benches, and in the event that a change of street design or right-of-way location shall require the relocation of a bench, the CONTRACTOR shall coordinate its work with the CONTRACTORS or other personnel performing labor in connection with El City of Tamarac E Purchasing and Contracts Division the change of street design or right -of way location in order to accomplish the relocation expeditiously and without interference to the work in connection with the relocation of streets or right-of-way. CONTRACTOR shall not place, remove or relocate benches 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 benches 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. CONTRACTOR shall provide at a minimum fifteen (15) "non advertising" benches at locations designated by CITY. CONTRACTOR shall not be obligated to pay City for these non advertising benches. 10. BENCH IDENTIFICATION Each bench shall be identified with a bench 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 benches. A log of complaints about benches, 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 Dade County and shall within 10 days of award of contract provide CITY with the name, address, phone and fax number of local supervising employee whom CITY may contact on a 24 hour basis. 13. 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. k, City of Tamarac F T Purchasing and Contracts Division d) A record of all maintenance performed including date, bench 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 bench 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 bench on the property. Such written consent shall be submitted with the CONTRACTOR'S application for permission to install or remove the bench. The CITY agrees to cooperate with the 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 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 benches throughout the CITY, CONTRACTOR agrees to pay CITY a guaranteed rate of: Year 1-3 $50 per bench per year Year 4 $100 per bench per year Year 5 $160 per bench per year CONTRACTOR shall remit payment to the CITY on an annual basis with first payment due August 1, 2003. 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, 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 (See Section 13). Said payment to be prorated based on date bench is installed. Upon renewal of this Agreement, rate of payment by CONTRACTOR to CITY will be renegotiated. 16. DELINQUENCY 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 A p A City of Tamarac Purchasing and Contracts Division W1 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. 17. INSURANCE The CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance under this Paragraph and evidence of such insurance coverage has been approved by the CITY. CONTRACTOR shall obtain at CONTRACTOR'S expense all necessary insurance in such form and amount as required by the CITY's Risk and Safety Officer before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the CITY, including Professional Liability when appropriate. CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. CONTRACTOR shall provide to the CITY's Risk and Safety Officer certificates of all insurances required under this section prior to beginning any work under this Agreement. The CONTRACTOR will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. CONTRACTOR shall indemnify and hold the CITY harmless for any damages resulting from failure of the CONTRACTOR to take out and maintain such insurance. CONTRACTOR's Liability Insurance policies shall be endorsed to add the CITY as an additional insured. CONTRACTOR shall be responsible for payment of all deductibles and self-insurance retentions on CONTRACTOR's Liability Insurance policies. a. COMMERCIAL GENERAL LIABILITY; The minimum limits of liability shall be as follows: General Aggregate $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: The 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. 7 TA City of Tamarac � � Purchasing and Contracts Division P p1 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' 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 Dade or 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 ry ap a City of Tamarac Purchasing and Contracts Division < q, 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. 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 $75.00 per day in liquidated damages for any non -monetary breach not incurred within the required time frames set forth 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. AGREEMENT This Agreement may be renegotiated beginning no later than ninety (90) days prior to its expiration. If the parties cannot come to terms within 90 days of starting the discussions, then the CONTRACTOR will be required to remove the benches per this Agreement. City of Tamarac � Purchasing and Contacts Division fl� 27. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The work to be performed under this Agreement shall be commenced within 30 days after execution of Agreement by the CITY. Bench installations shall be substantially completed no later than September 30, 2003. 28. INDEMNIFICATION The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the CITY or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 29. 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. 30. INDEPENDENT CONTRACTOR CONTRACTOR is an independent CONTRACTOR under this Agreement. Personal services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR. 10 City of Tamarac Purchasing and Contracts Division A 31. 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. 32. NOTICE Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 *With a copy to City Attorney at the same address. CONTRACTOR Martin Outdoor Media, Inc. 19501 NE 101h Ave, Bay H North Miami Beach, FL 33169 Attn: Scott Martin, President With a Copy to: 33. 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. 34. VENUE This Agreement shall be governed by the laws of the State of Florida as now and 11 . r tCity of Tamarac Purchasing and Contracts Division hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 36. 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. 36. 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. 37. 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. 12 City of Tamarac Tq 4 Purchasing and Contracts 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 Date ATTEST: ,-- Tf— (Corporate Secretary) 11 AOV'VI ivy co we 4 o' Type/Print Name of Corporate Secy. CITY OF TAMARAC � `-C1 4e,/ ,� chreiber, Mayor /C� A -3 Date Jeffre . M er, City Manager o/?> 3 Date pr ved s to form a d I I suffi Mitchell S. raf,Y, City Attorney 1� ./ Date [010] ►111to] V Cont c or Nam rA A � " / Sibnaturb of es dent/Owner mc� Type/Print Name of �President/Owner �y V Date 13 Jo c. '�' NCity of Tamarac Purchasing and Contracts Division ot":, CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF /�h'L 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 Martin Outdoor Media, Inc, a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this . day of , 20 v. ".4!A-,i MARION SWENSON MY COMMISSION iI CC 961296 F EXPIRES: December 15, 2004 Oonded Thru Notary Public llnde w tars Si gna re of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or Et' Produced Identification �.as` ro �- S : � 1 e Type of I.D. Produced ❑ DID take an oath, or DID NOT take an oath 14 Jun 13 03 07:59a - EXHIBIT A p • 2 Martin Outdoor Media Main Street Cross Street Priority University Dr NW 61 ST 2 University Dr NW 64 ST 2 University Dr NW 72 ST 1 University Dr NV1i 72 ST 1 University Dr NW 61 ST 2 University Dr NW 57 ST 1 University Dr NW 72 ST 1 University Dr 6000 2 University Dr CONCORD VL 1 1 University Dr OVERPASS 2 University Dr SOUTHGATE 2 University Dr CONCORD VL 2 1 C '4W 58 S University Dr TAMARAC PK 2 441 NW 53 ST 1 441 COMMERCIAL 1 441 NW 47 ST 1 441 COMMERCIAL 1 Commercial PROSPECT 1 Commercial NW 47 TERR 1 Commercial NW 47 TERR 1 Commercial NW 49 AVE 2 Commercial NW 49 AVE 2 Commercial NW 70 AVE 2 Commercial NW 70 AVE 2 Commercial NW 33 AVE 1 Commercial NW 31 AVE 1 Commercial NW 29 TERR 1 Commercial NW 28 AVE 2 Commercial NW 26 TERR 2 Commerciai PROSPECT 1 Commercial 441 1 Commercial 441 1 Commercial 441 1 Commercial NW 66 TERR 2 Commercial NW 66 TERR 2 Commercial NW 50 AVE 1 Commercial NW 50 AVE 1 Commercial UNIVERSITY 1 Commercial UNIVERSITY 1 Commercial UNIVERSITY 1 Commercial UNIVERSITY 1 Commercial NOB HILL 1 Commercial NOB HILL 1 Commercial NW 49 AVE 1 Commercial NW 50 AVE 1 Commercial NW 47 TERR 1 6/12/03 1 City of Tamarac Proposed Bus Bench Locations Priority Table 1=>2 Alightings 2=<2 Alightings, Good 3=13us Stop There Jun 13 03 07:59a p-3 Martin Outdoor Media Commercial NW 47 TERR 1 Commercial ROCK ISLAND 1 Commercial WOODLAND 1 Commercial NW 57 WAY 1 Commercial NW 58 WAY 1 Commercial WHITE OAK LN 2 Commercial NW 64 AVE i Commercial NW 79 AVE 2 Commercia! NW 82 AVE 2 Commercial NW 84 TERR 2 Commercial TAMARAC COMM C 2 Commercial PINE ISLAND 2 Commercial NW 91 AVE 2 Commercial NW 94 AVE 2 Commercial SENIORS MSC CTR 2 Commercial 6510 2 Commercial NW 64 AVE 1 Commercial WHITE OAK LN 1 Commercial BANYAN LN 1 Commercial WOODLAND 2 Commercial ROCK ISLAND 1 Commercial MNLD DR 1 Commercial 441 1 Commercial NW 37 AVE 1 Commercial BLUEJK OAK CIR 2 Commercial NOB HILL 1 Commercial PINE ISLAND 2 Commercial NW 73 AVE 2 Commercial NW 73 AVE 2 Mc Nab WESTWOOD BLVD 2 Mc Nab NW 84 AVE 2 Mc Nab SUNNILAND BK 2 Mc Nab NW 70 AVE 1 Mc Nab BREAKWOOD 1 Mc Nab BREAKWOOD 1 Mc Nab LIME BAY 1 Mc Nab NW 100 AVE. 1 Mc Nab UNIVERSITY 1 Mc Nab BREAKWOOD 1 Mc Nab UNIVERSITY 1 Mc Nab UNIVERSITY 1 Mc Nab SUNNILAND BK 2 Mc Nab SUNNILAND BK 2 Mc Nab NW 84 AVE 2 Mc Nab NW 84 AVE 2 Mc Nab SHOPS TAMARAC 1 Mc Nab NW 94 AVE 2 Mc Nab NW 94 AVE 2 Mc Nab LAGOS CAMPOS 1 6/12/03 2 City of Tamarac Proposed Bus Bench Locations Priority Table 1 =>2 Alightings 2=<2 Alightings, Good 3=Bus Stop There Jun 13 103 07:59a p.4 Martin Outdoor Media Me Nab LAGOS CAMPOS 1 Me Nab UNIVERSITY 1 Me Nab NW 98 AVE 2 Me Nab NW 83 AVE 1 Me Nab NW 70 AVE 1 Me Nab NW 70 AVE 1 Mc Nab NW 94 AVE 2 Me Nab PINE ISLAND 2 Me Nab PINE ISLAND 2 Me Nab SHOPS TAMARAC 1 Me Nab PINE ISLAND 2 Me Nab LAGOS CAMPOS 1 Me Nab LAGOS CAMPOS 1 Mc Nab NW 95 TERR 2 Me Nab NW 95 TERR 2 Me Nab NW 92 AVE 2 Me Nab NW 92 AVE 2 Me Nab NW 104 AVE 2 Prospect NW 26 AVE 1 Prospect NW 26 AVE 1 Prospect NW 27 AVE 1 Prospect NW 27 AVE 1 Prospect NW 28 AVE 1 Prospect NW 28 AVE 1 Prospect CHURCH 1 Prospect NW 52 ST 2 Prospect COMMERCIAL 1 Prospect OAK TREE 2 Prospect NW 53 ST 2 Prospect HENDERSON 1 Rock Island COMMERCIAL 2 Rock Island SABLE PALM 1 Rock Island BAILEY 2 Rock Island SPRING HOUSE 2 NW 64 Ave NW 57 CT 3 NW 64 Ave NW 57 ST 2 NW 64 Ave NW 24 ST 3 NW 64 Ave BAILEY i NW 64 Ave COMMERCIAL 2 NW 64 Ave COMMERCIAL 2 NW 64 Ave 5830 3 Bailey Rd NW 61 ST 2 Bailey Rd SHAKER VL 2 Bailey Rd NW 55 LN 3 Bailey Rd BANYAN LN 2 Bailey Rd WOODLAND 2 Pine Island MC NAB 2 Pine Island MC NAB 2 Pine Island 5902 2 6/12/03 3 City of Tamarac Proposed Bus Bench Locations Priority Table 1=>2 Alightings 2=<2 Alightings, Good 3=Bus Stop There JLn IZI 03 07s59a p.5 Martin Outdoor Media Pine Island 5902 2 Pine Island NW 79 ST 2 Pine Island NW 78 ST 2 Pine Island NW 77 ST 1 Pine Island TAMARAC CITY HL 2 Pine Island WOODMONT 2 Pine Island NW 70 ST 1 Pine Island NW 67 CT 2 Pine Island PARADISE 3 Pine Island NW 58 ST 2 Pine Island COMMERCIAL 2 Pine Island NW 61 ST 2 Pine Island COLONY WEST 2 Pine Island WOODMONT 2 Pine Island TAMARAC CITY HL 2 Pine Island 77 cT Pine Island AZALEA r 3 Pine Island MC NAB 2 Southgate NOB HILL 2 Southgate NW 93 AVE 3 Southgate NW 95 AVE 3 Southgate NW 91 TERR 3 Southgate NW 95 AVE 2 Southgate NW 91 TERR 2 Southgate PINE ISLAND 2 Coral Springs Dr SOUTHGATE 2 Nob Hill SOUTHGATE 2 Nob Hill NW 81 ST 2 Nab Hill NOB HILL 2 Nob Hill NOB HILL 3 Nob Hill MC NAB 1 Nob Hill NW 67 ST 3 Nob Hill PLUM BAY 3 Nab Hi!I NW 80 ST 3 Nob Hill NW 80 ST 3 Nob Hill NW 81 ST 3 Nob Hill COMMERCIAL 2 Nob Hill 6001 2 Nob Hill MC NAB 2 NW 21 Ave PROSPECT 1 Hiatus NW 67 ST 3 Hiatus ADA PAD 3 Hiatus UTILITIES DEPT 3 Hiatus COMMERCIAL 3 6/12/03 4 City of Tamarac Proposed Bus Bench Locations Priority Table 1 =>2 Afightings 2=<2 Alightings, Good 3=Bus Stop There No Text ACORD4 CEITIF ' • �� 1�/ t ) CrIT E'; O F , F.�_A1,1wos�j S U E "" DATE (MM[DDi YY 3/26/2003 �R0110EH r TH':� CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NORTH MIAMI INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 12935 W Dixie Hwy HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR North Miami, FL 33161 " ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Scottsdale ins Co INSURED Martin Outdoor Media, Inc. COMPANY B 1135 Papaya Street Hollywood, FL 33019 COMPANY C COMPANY I D THIS IS TO CERTIFY THAT THE POLICIES INDICATED, NOTWITHSTANDING; ANY CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF OF INSURANCE LISTED BELOW REQUIREMENT, TERM OR CONDITION MAY PERTAIN, THE INSURANCE AFFORDED SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN ISSUED OF ANY CONTRACT BY THE POLICIES HAVE BEEN REDUCED TO THE INSURED OR OTHER DOCUMENT DESCRIBED BY PAID CLAIMS, NAMED ABOVE FOR THE WITH RESPECT HEREIN IS SUBJECT TO POLICY PERIOD TO WHICH THIS ALL THE TERMS, CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MW/DW' POLICY EXPIRATION DATE (MM/DDI1'Y) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CL+iMSMADE LXJ OCCUR OWNER'S d CONTRACTOR'S PROT I 12/15/2002 12/15/2003 GENERAL AGGREGATE: S 1D00000 PRODUCTS - ___.,, r'pMProPAGG PERSONAL & ADV INJURY s �3 1 CO�SvJD s 1000000 EACH OCCURRENCE S 1000000 FIRE DAMAGE (My one lire) S 50000 MED EXP (Any one person) S 5000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ EXCLUDED ALL OWNED AUTOS BODILY INJURY (Per person) 5 EXCLUDED SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per ACCident) g EXCLUDED PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT $ EXCLUDED S EXCLUDED GARAGE LIABILITY ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S EXCLUDED AGGREGATE S EXCLUDED EXCESS LIABILITY UMBRELLA roFim I EACH OCCURRENCE s EXCLUDED AGGREGATE f EXCLUDED_ S EXCLUDED O rHHR THAN V.`-ZRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I �� WC STATU- OTH. T IMIT EL EACH ACCIDENT $ EXCLUDED THE PROPRIETOR/ INCL PAFITNERSrFa(ECUTIV E OFFICERS ARE_ EXCL OTHER EL DISEASE. POLICY LIMIT S EXCLUDED EL DISEASE - EA EMPLOYEE $ EXCLUDED DESCRIPTION OF OPER4T10NSILOCATIONSNEHICLESBPECIAL ITEMS VLLK I IFICATE HOLDER. Y ? City of Tamarac Dp�r — [�, 7525 N-W, gg Avenue Tamarac, FL 33321. ACORD (-) .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL —10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, ....."vnrctu REPRESENTATIVE //�� - .. '- ....3 .::'m ACOFtD CORPORATION 1988 Jun 12 03 02:41p P.1 To: Diane Phillips From: Tom Comeau Martin Outdoor Media 19501 N.E. 10" Ave Suite H North Miami Beach, FL 33179 Fax: (954)724-2454 Date: 6/ 12/03 Re: Auto Insurance Policy Pages: 2 CC; ❑ Urgent X For Review 0 Please comment ❑ Please Reply ❑ Please Recycle :: Per'yatiXrequest, here is a copy of our Auto Insurance Policy. Currently, our limits are less than t atnauri .the City of Tamarac is requiring for this agreement. We have spoken to our carrier ,. and they'have no problem increasing our coverage to meet the City's demands. We will forward -th updated policy (with the City named as an additional insured) within 10 day of the award of _..the Bus Bench Advertising Contract to us. Call me with questiv nz!concerns Jun 12 D3 02:41p . State Farm Fire and Casualty Company P- 2 7401 C ress !'ardens Boulevard W.nter Haven33888 NAMED INSURED 00805 59-2753-552H MARTIN OUTDOOR MEDIA INC 18261 NE 4TH CT N MIAMI BEACH FL 33162-1011 IN I I I I I III Isis I l I it a(isIIII IaIIf I I III it l l[I it It If i 1112113 It Ill DO NOT PAY PREMIUMS SHOWN ON THIS PAGE, SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE, 3935E-5-H MATCH 00805 FIRE OVL DECLARATIONS PAGE POLICY NUMBER 159 3547-D16-59A PLICY PERIOD MAR 14 03 20t Oo OCT 16 2003 STATE FARM PAYMENT PLAN NUMBER 0401202519 AGENT RICHARD T WALDE INS AGY INC 18383 NE 1 STH RD NORTH MIAMI BEACH, FL 33179-5038 PHONE: (305)944-6664 or (305)944-4683 YEAR MAKE MODEL BODY STYLE VEHICLE ID. NUMBER.,. .. CLASS 1997 DODGE RAM 1500 PICKUP 1 B7HC16YSVJ527837 11-3H11 03 SYMBOLS . • COVERAGES PREMIUMS' 1997 See p allc for coverage details. Ii00GE ;njiioy/Property Damage Liability Limits of Liability -Coverage A Bodily Injury Each. Person, Ea61i Ao Cident.: ... ..,.._ .... .. .... .. ... ... ....... ...... .. ..... 500,000 Lim— Its Limits of. Liability -Coverage A -Property Damage..; .:. .. ' Each Accident '. $500000 ...._ .. P10 No Fault 0 _ U3 Nonstaoking lJninsured Motor Vehicle .;;...... .._.63 ...•_$1.53. _ ..... 85 .,:,:.' Limits of Liability-1-13 Each Person, • .Each Accident ..� ' .... ... , .... ,. , ... ...... _ ..., 1 20 000 Total Dremium for this eolicy period MAR 14 2003 to OCT 16 2o03. 794. 67 " This is not a bill. IMPORTANT MESSAGES ..' Your policy consists of this declarations page, the policy booklet - form 9910.7, and any endorsements that apply, including those issued to you with any subsequent renewal notice. Replaced policy number 1593547-59. " The total premium for the policy period listed above reflects a recent change to your policy plus the 6 month renewal premium. Your total current 6 month premium for AP.4 i6 2003 to OCT 16 2003 Is $674.59. For questions, problems or to obtain information about coverage call: (305)944-6664. EXCEPTIONS AND ENDORSEMENTS '(See individual endorsement for -details.) 6037F. I CERTIFICATE O INSURANCE--CIITY OF OAKLAND PK, PURCHASING OFFICE 3650 N 12 AVE OAK ANM� PAED RK FL 33E33 % 5.N 60126EZ.1 AMENDMENTN0 DEFINEDEWORDDSO-SNOEFAULT AND MEDICAL PAYMENT COVNNERAGES. pp WW TN$ 6910 NO FAULT MEDILALNPAYMENTS' UNINSURED MOTORSVEHICLEL& PHYSICAL DAMAGE COVERAGES; & CONDIT30NS. Agent: RICHARD T WALDE INS AGY INC Telephone: (305)944-F,664 ISS•3866,1 07•2002 (a 160251Wxe1p02546) Prepared MAR 31 2003 2753-600 (p1 pOZSic) No Text 0 Proposal to Provide Bus Bench Advertising Services For f • The City of Tamarac, Florida Submitted To Mr. Jim Nicotra Purchasing & Contracts Office March 26, 2003 By Martin Gatd oor Media 18261 N.S. 4« court NortA Miami! $sack F@orid a 33169 [9640 668-11976 r� u rI r� Ar wflm Orddoor AUdia Table of Contents Presentation Letter Firm Qualifications/References Revenue Schedule Bus Bench Design Marketing Plan Maintenance Plan Submission Requirement Forms (Forms B-1) © 2003 by Marlin Outdoor Media, Inc. All rights reserved. No materials may be used, reproduced or distributed without written authorization from Martin Outdoor Media, Inc. City of Tamarac Bus Bench Proposal Table of Contents _9� / 4WAN Owtdvvr Media March 25, 2003 Mr. Jim Nicotra purchasing & Contracts Office City of Tamarac 7525 N.W. 881' Avenue Tamarac, Florida 33321 Re: Bus Bench Advertising Services for the City of Tamarac, Florida Dear Mr. Nicotra: We greatly appreciate the opportunity to submit our Proposal to provide bus bench advertising services for the City of Tamarac. Our Proposal summarizes our experience in successfully providing conducting similar municipal operations and displays our "safe and attractive" bus bench design. Martin Outdoor Media currently has contracts to provide municipal advertising services for approximately 1,200 bus benches in the Cities of North Miami Beach, Miami Springs, South Miami, Sweetwater, Hollywood, Dania Beach and Oakland Park. In all of our Cities, we provide the exact level of service that the City of Tamarac has outlined in the Request for Proposals. We also have a proven track record in advertising sales. We have increased the number of advertisements sold from under ] 01/o occupied to over 94% occupied in all seven Cities that we operate. In an effort to provide the best team possible for the users of the transit system in Tamarac, Glenn Flutie will join or team as field supervisor for this project. Mr. Flutie and his related companies have been in the outdoor advertising business for over 20 years. Over the past 8 years, his companies have held bus bench agreements in the Cities of Margate, Fort Lauderdale and Unincorporated Broward County. Mr. Flu tie is committed to pi-miding a top -of -the -line product properly placed in the field by observing all DOT rules governing bus benches. Mr. Flutie believes that the users of the uansn system deserve a safe. clean seating enviromneni as reflected in the attached reference letter: Our management team has over 33 years experience in dealing with contractual and service issues common to municipal commercial environments. To implement these services, we have assembled a team of Martin Outdoor Media managers and staff members. Martin Outdoor Media principals are intimately involved in the day to day operations in each City. This allows us to provide a level of focus that the City of Tamarac can receive only by our firm. We invite a close examination of our service history. It will show our vision, competence, and commitment to excellence in all of our endeavors. We pledge to provide our services in continuous concert with the interests of the citizens of Tamarac. City of Tamarac Bus Bench Proposal Presentation Letter Page • MMim oafdoo• Media Martin Outdoor Media is truly committed to this project and hopes that this Proposal meets with your approval. We wish to thank you again for the opportunity to submit our Proposal. Please do not hesitate to contact us for additional information. Sincerely, Sincerely, Sincerely, Scott Martin Glenn Flutie Thomas Comeau President Field Supervisor Chief Operating Officer City of : al-arac Bus Bench Proposal Presentaii-)n Letter Page 2 r� u • • /{Barrio, Owtdoor Media Firm Qualifications/References A. Company History Martin Outdoor Media is a local organization with corporate headquarters located in North Miami Beach, Florida. We began operations with the award of the bus bench advertising contract for the City of North Miami Beach in July, 1999. Due to the operational and financial improvements achieved in North Miami Beach, the City of Miarni Springs awarded Martin Outdoor Media their bus bench advertising contract in July, 2000. In June 2001, the Cities of South Miami and Sweetwater awarded Martin Outdoor Media their bus bench advertising contracts. In October 2002, the Cities of Hollywood and Dania Beach awarded Martin Outdoor Media their bus bench advertising contracts. Earlier this year, the City of Oakland Park awarded their bus bench advertising program to Martin Outdoor Media. Martin Outdoor Media has brought innovation to the design and construction of the bus benches in the Cities that we operate. Our sales and maintenance track record are benchmarks for the industry. We specialize in providing Cities with up to 350 bus benches a level of focus and service unmatched in the industry. Services exactly as specified in the RFP such as trash clean-up, graffiti removal, and bus bench repair are all standard with Martin Outdoor Media. We will continue to work diligently in these areas to ensure that the City of Tamarac will be proud of this service to the communi mty . H. principal Information Please note the biographies for Scott Martin and Thomas Comeau on the following pages. As previously mentioned, our management team has over 13 years experience in the management and operation of bus bench advertising in the Dade and Broward County areas. They are intimately involved in the day to day operations in each City. This allows them to provide a level of focus that the City of 7 arnarac can receive only by our firm. l✓ach CA\ has the home phone number and cellular phone number of both principals. They are available for contact 24 hours per day and 7 days per week. This assures the City that emergencies can and will be addressed by a senior member of the Martin Outdoor Media staff and within one hour of notification. We have also provided a brief biography for our partner in this endeavor, Mr. Glenn Flutie. As also previously mentioned; he has over 20 years experience in the management and operation of bus bench advertising mainly in the Broward County area. City of Tamarac Bus Bench Proposal Firm Qualifications/References Page 1 • • Martij, 0&ddvoe Media Scott J. Martin President Martin Outdoor Media Education Mr. Martin attended Nova Southeastern University. His major areas of study were Advertising and Marketing Business Ex Steve Martin and Associates Mr. Martin worked for his father's company from 1985 until the business was sold in 1992. He rose from the ranks starting in the maintenance department and culminating in his being named the operations director in 1990. His responsibilities in operating, maintaining, and generating revenue for bus bench advertising for Steve Martin Associates included: • Supervision of the construction and placement of over 4,000 benches throughout Dade County. • Oversight of the industry leading ongoing maintenance program for the 4.000 benches mentioned above. • Advertising sales generation for the entire 4,000-bench system where he led the company in billing dollars. • Oversight of the entire sales departmnent which included a sales staff of fifteen account executives. • Supervision of all the general day-to-day operations of a large bus -bench advertising company including; payroll, accounts payable, accounts receivable, supply ordering, administration- staffing, and employee/corporate procedures. City of Tamarac Bus Bench Proposal Firm Qualifications/References Page 2 Mnrtix orddoor Atedla • C� • Martin Outdoor Media Mr. Martin was named President and managing partner when the business was incorporated in 1999. During this time, Martin Outdoor Media has grown to include the Cities of North Miami Beach, Miami Springs, South Miami, Sweetwater, Hollywood and Dania Beach. His responsibilities in operating, maintaining, and generating revenue for bus bench advertising for Martin Outdoor Media includes: Supervision of the construction and placement of over 1,200 benches in North Miami Beach, Miami Springs, South Miami, Sweetwater, Hollywood and Dania Beach. Oversight of the industry leading ongoing maintenance program for the 1,200 benches mentioned above. a Advertising sales generation for the entire 1,200-bench system. a Supervision of all the general day-to-day operations of a bus -bench advertising company including; payroll, accounts payable, accounts receivable, supply ordering, administration, staffing, and employee/corporate procedures. City of Tamarac Bus Bench Proposal Firm Qualifications/References Page 3 At UWim Drddow Media Thomas C. Comeau Chief Operating Officer Martin Outdoor Media Education_ Mr. Comeau has Bachelor of Science in Business Administration degree from the University of Florida. His major area of study was in Finance. Business Exnerienc_e APCOA/Standard Parking W. Comeau started up and headed the Colorado Region for the second largest parking company in the world. He was responsible for all sales, marketing and operations for the Region with duties covering the typical range of. budgeting, staffing, acquisitions, P&L, client relations, customer service, reporting, etc. During his tenure: The Region grew from one location to over 50 • P&L grew from a loss of $26,000 per year to a net gain of $500,000 per year • Staffing grew from 3 full time personnel to over 150. Martin Outdoor Media Mr. Comeau was named Chief Operating Officer and managing partner when the business was incorporated in 1999. During this time. Martin Outdoor Media has grown to include the Cities of North Miami Beach_ Miami Springs. South Miami. Sweetwater. Hollywood and Dania Beach. His responsibilities in operating. maintaining, and generating revenue for bus bench advertising for Martin Outdoor Media includes: Supervision of the construction and placement of over 1,200 benches in North Miami Beach, Miami Springs, South Miami, Sweetwater, Hollywood and Dania Beach. • oversight of the industry leading ongoing maintenance program for the 1,200 benches mentioned above. Advertising sales generation for the entire 1,200-bench system. Supervision of all the general day-to-day operations of bus -bench advertising company including; payroll, accounts payable, accounts receivable, supply ordering, administration, staffing, and employee/corporate procedures. City of Tamarac Bus Bench Proposal Firm Qualifications/References Page 4 0 �J Mani" Oadoor Modid Mr. Glenn Flutie President Flutie Outdoor Advertising Field Supervisor/Tamarac Project Busine, sExperience W. Flutie has a long-standing history in the Broward County Outdoor Advertising industry. Since 1983, Mr. Flutie and his related companies have been providing the Cities of Broward with excellent outdoor advertising products and services running the full ga ud rdale aso� billboards,shelters, corporated Broward County have had the b and of his Lauderdale knowledge and experience for their outdoor advertising programs. Mr. Flutie will act as the Field Supervisor for the City ofTamarac's Bus Bench Advertising Program. C. similar Contracts City of North Miami Beach Bus Bench Advertisement Program North Miami Beach, Florida Martin Outdoor Media was awarded the contract for the turnkey operation of this 200 bench municipal system on December 1. 2000. We were responsible for the design, construction and installation of the very attractive modern style of benches that are there now. Since taking over operations. Martin Outdoor Media has been able to increase advertisement sales by an impressive 700%. in addition, the Martin Outdoor Media team has been involved in a number of maintenance and product improvement initiatives up) approved by the Cite. T (including trash clean -his was aimed at upgrading the appearance of the bus benches in general and enhancing the level of service provided to the maintenance program. As mentioned above, these maintenance enhancements have led to the overall reduction in maintenance related complaints by approximately 135%. City.of Tamarac Bus Bench Proposal Firm Qualifications/References Page 5 /bUWiol Owdoor AUA'a z, City of Miami Springs Bus Bench Advertisement Program Miami Springs, Florida Martin Outdoor Media was (June 1, 2000) awarded the contract for the turnkey operation of this 25 bench municipal system due to the dismissal of the previous operator. Martin Outdoor Media's fine reputation and experience in operating the City of North Miami Beach's bus -bench -advertising system made the decision to award the contract easier for Mayor Cavalier and City Council. Again, we were responsible for the design, construction and installation of the very attractive modern style of benches that are there now. Since taking over operations, Martin Outdoor Media has been able to increase advertisement sales (there were no benches sold when we took over, we are now at 90% occupancy). In addition, the Martin Outdoor Media team has again been involved in a number of maintenance and product improvement initiatives (again, including trash clean-up) approved by the City. As mentioned above, these maintenance enhancements have led to the overall reduction in maintenance related complaints. 3. City of South Miami Bus Bench Advertisement Program South Miami, Florida Martin Outdoor Media was (June 1, 2001) awarded the contract for the turnkey operation of this 120 bench municipal system after successfully bidding on the contract. Martin Outdoor Media's fine.reputation and experience in operating the Cities of North Miami Beach and Miami Springs were instrumental in the decision making process. Again, we were responsible for the design, construction and installation of the very am active modern stvle of benches that are there now. Since takine over operations. Martin Outdoor Media has been able to increase advertisement sales from 10% to over 95% occupancy. In addition, the Martin Outdoor Media team has again been involved in a number of maintenance and product improvement initiatives (again, including trash clean-up) approved by the City. As mentioned above, these maintenance enhancements have led to the overall reduction in maintenance related complaints. q. City of Sweetwater Bus Bench Advertisement Program Sweetwater, Florida Martin Outdoor A7edia was (June 1, 2001) awarded the contract for the turnkey operation of this 120 bench municipal system after successfully bidding on the contract. Martin Outdoor Media's fine reputation and experience in operating the Cities of North Miami Beach and Miami Springs were instrumental in the decision making process. Again, we were responsible for the design, construction and installation of the very attractive modern style of benches that are there now. Since taking over operations. Martin Outdoor Media has been able to increase advertisement sales from 15% to 91 % occupancy. In addition, the Martin Outdoor Media team has again been involved in a number of maintenance and product improvement initiatives (again, including trash clean-up) approved by the City. As mentioned above, these maintenance enhancements have led to the overall reduction in maintenance related complaints. Bus Bench Proposal Firm Qualifications/References Page 6 City of Tamarac Madih patdvae Media 5. City of Hollywood Bus Bench Advertisement Program M Hollywood, Florida • Mar6n Outdoor Media was recently (October 1, 2002) awarded the contract for the turnkey operation of this 600 bench municipal system after successfully bidding on the contract. Martin Outdoor Media's fine reputation and experience in operating the Cities mentioned above were instrumental in the decision making process. Again, we were responsible for the design, construction and installation of the very attractive modern style of benches that are there now. Since taking over operations, Martin Outdoor Media has been able to increase advertisement sales from 50% to 98% occupancy. In addition, the Martin Outdoor Media team has again been involved in a number of maintenance and product improvement initiatives (again, including trash clean-up) approved by the City. As mentioned above, these maintenance enhancements have led to the overall reduction in maintenance related complaints. 6. City of Dania Beach Bus Bench Advertisement Program Dania Beach, Florida Martin Outdoor Media was recently (October 1, 2002) awarded the contract for the turnkey operation of this 200 bench municipal system after successfully bidding on the contract. Martin Outdoor Media's fine reputation and experience in operating the Cities mentioned above were instrumental in the decision making process. Again, we were responsible for the design, construction and installation of the very attractive modern style of benches that are there now. Since taking over operations, Martin Outdoor Media has been able to increase advertisement sales from 35%to 100% occup� f In addition, the Martin Outdoor Media team has again been involved in numb maintenance and product improvement initiatives (again, including trash clean-up) approved by the City. As mentioned above, these maintenance enhancements have led to the overall reduction in maintenance related complaints. City of Oakland Park Bus Bench Advertisement Program Oakland Park Florida Martin Outdoor Media was lust (>\9arch 2 200''1 awarded the contract for the turnke\ operation of this l 25 bench municipal system after successfully bidding on the contract. Martin Outdoor Media's fine reputation and experience in operating the Cities mentioned above were instrumental in the decision making process. We will be responsible for the design, construction and installation of very attractive modern style of benches. Martin Outdoor Media fully expects to increase advertisement sales and become involved in a number of maintenance and product improvement initiatives (again, including trash clean-up) approved by the City. City of Tamarac Bus Bench Proposal Firm Qualifications/References Page 7 /4lwan orddooe JNcdiA aD. References Reference: Mr. Alfredo Riverol Public Information officer, City of North Miami Beach 17011 N.E. 19P Avenue North Miami Beach, Florida 33162-3194 (305)948-2941 2, Reference: Mr. Mike Sprovero Assistant City Manager, City of Miami Springs 201 Westward Drive Miami Springs, Florida 33166-5259 (305) 885-4581 I Reference: Mr. Charles D. Scurr City Manager, City of South Miami 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6338 4. Reference: Ms. Marie Schmidt City Clerk City of Sweetwater 500 S.W. 109'h Avenue Sweetwater. Florida 33174-1398 (305)221-0411 S. Reference: Mr. Ariel Cintron City Engineering Department, City of Hollywood 2600 Hollywood Boulevard Hollywood, Florida 33020 (954)921-3254 6. Reference: Mr. ]van Palo Cite Manager. Cit\, of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 (954) 924-3610 7. Reference: Ms. Ann Perrotta Assistant City Manager, City of Oakland Park 3650 N.E. 12`h Avenue Oakland Park, Florida 33334 (954)561-6292 g, Reference: Ms. Linda J. Owen President, E.A.S.E. Foundation 6901 Orange Drive Davie, Florida 33314 (954)797-1077 Bus Bench Proposal Firm Qualifications/References Page S City of Tamarac AiMiM pbddoor At"M 9. Reference: Mr. Spencer Stoleson Senior Planner, Broward County Mass Transit 3201 West Copans Road pompano Beach, Florida 33069 (954) 357-8342 City of Tamarac Bus Bench Proposal Firm Qualifications/References Page 9 03/24/2003 11:02 3579342 GYNDYSINGER PAGE 01/01 � BKO.",V1oARD Community Services Department MASS TRANSIT DIVISION - Service Development 3201 West copans Road • Pompano Beam, Florlaa 33069 954-357-8375 • FAX 95a-357-8342 March 24, 2003 Dear Sir or Madam: W. Glenn Flutie has been a provider of benches and bus shelters in Broward County since 1991, or the last twelve (12) years. In my capacity ca act as a senior planner at Broward County Transit (BCT), I've had close and regular contact with him during that time. Mr. Flutie has proved himself to be a motivated and responsible product manager. Z have always respected his fairness and dedication to nmake e s and the neansit eds of he markties ee to personsvAth tplace, ace, but "'° e disabilities. From a business perspective, importantly, as a transit advocate whose concern�dheforbcammunity.us rThis iedestniansdemonstrated byrlus� to create a cleaner, safer, and environmentally fn commitment to using the latest advances in solar -powered technology for bus shelter illumination. If you are looking for a skilled professional, I think you need look no further than Mr. Flutie. I can recommend him to prospective business partners or clients without reservation_ Sincetely. Spencer Stoleson, Senior Planner Broward County Mass Transit Division JoSephuS EQgeAE;;on. Jr. • 6en Graoer • Sue-Gumburper Brov Or Kristin Ilene I Fn E RodsLrorn. Jr. • JameS A. Scott • Oiar� Yl2sserrnZri-RUDIn www.b %bet No Text 11 ID r� /V(MVI, OMtdooi Media Revenue Schedule Martin Outdoor Media is pleased to present the following guaranteed annual Payment schedule (as requested in the RFP) for the City of Tamarac's Bus Bench Advertising Program. This payment schedule is outlined in the table below and based on 60 advertised benches (75 stops/benches —15 non. -advertised stops/benches requested by the City). Martin Outdoor Media will pre -pay the guaranteed annual arnount owed to the City of Tamarac each year on the anniversary of the contract execution. Year 1 2 3 d 5 Guaranteed Payments per Month $1,000.00 $1,000.00 $1,500.00 $1 500.00 $1.800.00 Cyr j qs�.� ow Guaranteed Payments per Year $12 000.00 $12 000.00 $18,000.00 $18 000.00 $21.600.00 _ ��St�oV�J - c, L-,-a A City of Tamarac Bus Bench Proposal Revenue Schedule Page ] Martin Owtdoor Media �J C� Bus Bench Design Exhibits A and B please note Exhibits A and B on the following pages. These exhibits demonstrate the innovative new Bus Bench Design that Martin Outdoor Media is proposing for the City of Tamarac's advertising program. 'These benches can be produced in any color scheme specified by the City. This style of bench is typically four times as expensive as the style of bench normally seen in South Florida (such as the ones currently in use). As a result, these benches have standard features that go beyond the normal bus bench design. We have outlined a few of these features below. We have also included in Exhibit B, standard concrete based bus benches that are used in various cities that we operate. We could use these benches in out -laying (non -main street) areas in the City of Tamarac. These benches would be used should the City decide they would want this style of bench in specified areas. L Steel Based Bus Benches for High Visibility Locations Our style of bench has a steel based mono -pole design. The steel -based frames minvnize repair and maintenance costs as they are much more durable than concrete. They are bolted into the concrete sidewalk or set down into swales_ As a result, this style of bench is almost impossible to tip over. These frames also give a cleaner look to the bench, more compatible with the themes of the City's current beautification effort. H. Trash Cans Our stvle of bench has welded trash receptacles attached to them (as specified in the RFQ/P). The steel cans are welded to the bench to reduce vandalism. Their presence greatly reduces the likelihood of loose debris to the vicinity of each bench as they give riders a place to throve away their garbage. Again, welded trash receptacles compliment the street beautification efforts. Eve appeal in and around bus benches is extremely important to Martin Outdoor Media's advertising objectives. As previously mentioned in this Proposal. it is Martin Outdoor Media Company policy to police the ten -foot by ten -foot area that surrounds each bus bench that we operate. It is also Martin Outdoor Media policy to empty each trash receptacle two times per week. Again, the reduction of waste in and around bus benches is extremely important to Martin Outdoor Media. City of Tamarac Bus Bench Proposal Bus Bench Design Page I C� Mcvtim Uwtd zNv Mafia III. Recycled Plastic Cross Beams our style of bench uses recycled plastic 2x4 s as cross beams and vagrancy deterrents. The recycled plastic 2x4s are environmentally friendly which can be very helpful to a City I s image. Our recycled plastic 2x4s are specifically engineered to resist bowing to a much greater degree than wood. In addition, the vagrancy deterrents greatly reduce the use by unwanted non -bus riders. IV. Frames and Clear Plastic Advertisement Coverings Our style of bench uses frames and a plexiglass shield to guard each advertisement. Frames are used to fix each advertisement in place. The clear plastic advertisement coverings minimize repair and maintenance costs as they give us the ability to clean graffiti with Windex and paper towels. We know how important this area is to the City. in addition to being more financially efficient, these coverings allow our advertisers and the City to have more appealing, less obstructed advertisements. City of Tamarac Bus Bench Proposal Taus Bench Design Page 2 AiMix Owtdoor Madla ID C, J Exhibit A Plastic Ad Covers Trash Cans Recycled 2x4's Steel Frame City of Tamarac Bus Bench Proposal Bus Bench Design Page 3 Martim ONtdOOF Madia Exhibit B 0 Before After Before After City of Tamarac Bus Bench Proposal Bus Bench Design Page 4 /YUW;m datdoor Media • • Exhibit B (continued) Before After City of Tamarac Bus Bench Proposal Bus Bench Design Page 5 mmiM oMtdoor M®dia 0 Marketing Plan • ADVERTISER SALES AND MARKETING Overview The life -blood of Martin Outdoor Media is the sales and marketing of bus bench advertising to area business owners and managers. This is where a majority of the senior managers' time will be spent. This section will outline Martin Outdoor Media's action plan to seek out and generate income through the sale of municipal bus bench advertising. A. Lead Generation The first order of business in the sale of bus bench (or any) advertising is the production of leads from the businesses in the surrounding area. This section will outline the steps that Martin Outdoor Media takes in order to generate contacts and begin the sales process. Inventory of Current Advertisers — Within the first week of the award notification for the City of Tamarac Bus Bench Contract, senior staff members will conduct an audit of the current advertisers. The terms of their contracts and contact personnel will be noted. We will attempt to contact all current advertisers by June 1, 2003. We will start by contacting the advertisers whose contracts end the soonest. We will then move forward by contacting advertisers in the order of termination date. We will try to set meetings with each current advertiser. We expect to be able to set meetings with 60 of the 70 (approximation) current advertisers. We expect to reestablish contracts with 50 of the current advertisers. Marketing Mailer -- Within the first three months of the start of our operations. senior staff members will send out a mailer to the businesses in Tamarac. We will get a list of the businesses in Tamarac from the Chamber of Convnerce. 'v\e expect to reach goo o of the businesses in the city. W e will then follow up this activity with the area walk through mentioned below - Advertiser Review - Within the first five months of the start of our operations, senior staff members will complete a review of the businesses that currently advertise in all forms of advertising media. The review will include, but is not limited to: television, radio, billboard, print, and/or other municipal bus bench systems. We expect to generate 200 leads through this process and set 60 sales meetings. We expect to close 30 deals as a result of the advertiser review. City of Tamarac Bus Bench Proposal Marketing Plan Page 1 AkMj,, Ot tdo r Media Area Walk -Through - Within the first six months of the start of our operations, Senior Staff members will conduct an extensive walls -through of the City. During the walk through, we will attempt to meet the business owner or manager. We will hand out our marketing materials and try to set sales meetings. We expect to see 90% of the businesses in the City of Tamarac in this process. We also expect to introduce ourselves to 300 contacts and set 100 sales meetings. We expect to close 50 deals as a result of the area walk through within one year. B. ]Initial Contacts Martin Outdoor Media will use the four techniques mentioned above, along with word of mouth, call -ins, etc. to generate a list of possible advertising contacts. Once we are made aware of these contacts (we expect to have 90% saturation within the first 6 months), we will attempt to set up sales meetings. We will mainly use two methods for this: the telephone call and the walk-in. We will attempt to call the contact person first to set up a sales meeting. If the call does not result in a meeting, we will walk into their business and see if they are available to meet. We will continue this process, alternating between calls and walk-in until we get a meeting. Senior staff members will be responsible for establishing initial contacts with the advertising targets listed in letter A of this section. C. Marketing Tools Marketing Tools —Martin Outdoor Media will use its state of the an marketing tools for the sales and marketing of the bus benches in the City of Tamarac. These tools will include (but are not limited to) logo design, business cards, promotional items and marketing slick (brochure). D. The Sales Meeting ,After using the techniques listed in Sections A and B.. we expect to have approximately 180 sales meetings within the first year of business. Senior staff members will attend all of these meetings. Martin Outdoor Media expects that these meetings voll follow the basic outline listed beloA • Pre -call Review -- This is where the meeting attendees will take a half-hour to review the business that they are meeting. They will focus on the strengths and weaknesses of the business and how Martin Outdoor Media can help them achieve their sales goals. • Introductions — This is where the meeting attendees will introduce themselves, try to build a rapport with the business owner/manager_ and hand out the marketing material mentioned above. Listening — This is the most important part of the sales call. It is when the attendees will ask questions of the business owner in an effort to learn about the owner/managers problems and concerns. City of Tamarac Bus Bench Proposal Marketing Plan Page 2 /VlartiM Dntdoot Media • Identifying an Issue -- This is where the meeting attendees hone in on a specific concern that highlights the possible use of and one that may be solved by bus bench advertising. • Proposing a Solution - This is where the attendees take the previously mentioned issue to the next step by proposing bus bench advertising as a solution to their concern. E. Meeting Fallow -Up Auer the meeting is over, the attendees will take fifteen minutes to review what happened. They will discuss any outstanding issues that could not be attended to in the meeting and formulate responses. These responses will be forwarded to the business owner/manager within one week (if possible). The owner/manager will also be thanked for their time in writing within one week. Senior staff members will complete the follow-up tasks required by each owner/manager. F. Closing Deals This section outlines the steps that are to be taken once a prospect has gone through the sales process mentioned above and has decided to advertise with Martian Outdoor Media. All advertising will be sold at $150 per month for regular benches with a $75 one-time set up fee for each. There will be no discounts. . . Contract Signing - This is the first order of business that has to be attended to after the owner/manager has decided to advertise. We will have a contract ready to be signed within 48 hours (maximum) after the decision. Along with the contract, the primary sales consultant will be required to give the owner/manager a small token of our appreciation (i.e. pen, coffee mug, gift basket, etc.). These tokens will increase in value depending on the amount of advertising the owner/manager has purchased. This will let them know how important they are to us. • Product Specifications - Martin Outdoor Media will have a product spec in the hands of the ne%A advertiser v�-ithin I week of the sirnink of the contract. This will be professionally done by Signs Now Graphic Designs. It will be a color scale model of the bench that will be placed on the bus bench. All specs will be approved by the client in writing before any artwork is sent to the painters. This will greatly decrease the chance of a dissatisfied customer after the painting process is started. Final Review - The final product will be reviewed by the owner/manager within one week of its final installation. This will be done in person or by video camera. The owner/manager will inspect the final product for spec and position accuracy. The sales consultant will have the option of taking the owner/manager out to lunch after accepting the final product. City of Tamarac Bus Bench Proposal Marketing, Plan Page 3 Martin Outdoor Madia G. Public Relations . One important aspect in both advertising sales and the acquisition of additional p media outlets is Public Relations. Martin Outdoor Media's Public Relations Plan its and goals are specified below. Joining of Civic Organizations — In order to show our good faith to the communities that we service, we join one civic organization in each City in which we operate. These organizations will include, but are not limited to, The Chamber of Commerce, The Downtown Partnership, Rotary, etc.. In each instance, a three-month review process will be completed by senior staff members to determine the most effective organization in the City. We will then join the most effective organization. • Good Cause Support — For the same reason mentioned above, Martin Outdoor Media will support one good cause in each city that we do business with. This cause will be selected using the same process mentioned above. We expect to begin supporting this cause after one year of operations. • Complimentary Items — Again for the reasons listed above, Martin Outdoor Media will provide small tokens to prospective and new advertisers. These tokens will increase in value as the size of the contract increases. H. Advertising Rates As mentioned above, we plan to $150 per month tr one-time production fee of bus bench advertisements_ In addition, we charge a o $75. I. Advertisement Sales Time Frames and Change Frequencies Martin Outdoor Media sells advertisements in 6-month and 1-year contracts only. We have found that these timeframes work best for our advertising customers. We always try to limit ad turnover. Our experience shows approxjmatel� 10% of our advertising customers turn over in a one-year period. For the Cite of I amarac we estimate about 10 advernsemem changes per year J. Number of employees to be involved with program. Martin Outdoor Media expects to have three senior level managers assigned to the City of Tatnarac's bus bench systems. These managers will be: Scott Martin, President (duties described above), Tom Comeau, Chief Operations Manager (duties described above) and Glenn Flutie_ General Partner (duties described above) In addition, we plan to have 1; 2-member teams handle our maintenance duties for the Tamarac contract (see maintenance section in the proposal). This brings the total of Martin Outdoor Media personnel assigned to the City of Oakland Park's bus bench advertisement system to 5 full time employees. City of Tamarac Bus Bench Proposal Marketing Plan Page 4 C, • Martfj, Orddow AUdin K. Number and type of vehicles to be dedicated in support of this program. Martin Outdoor Media has a vehicle inventory that consists of: 1 19951suzu Pick-up Maintenance trucks 1 2000 Chevrolet Blazer Administration/Maintenance vehicle 1 1999 Jeep Cherokee Laredo Administration/Maintenance vehicle L. Corporate Office Martin Outdoor Media's corporate office is located at: 18261 N.E. 411, Court North Miami, Florida 33169 This is also the address from which we will be administering the maintenance and sales and marketing campaigns. We have adequate storage, office and maintenance space at this location. City of Tamarac Bus Bench Proposal Marketing Plan Page 5 �II /ytartih 049400f Media Maintenance Plan A. Bus Bench Acquisition Martin Outdoor Media has an agreement in place with our current bench supplier (Lyn -Rand Manufacturing) to have 40 benches available to us in the style that we have suggested for the City of Tamarac (see Bus Bench Design Section). We will have delivery of these benches immediately after the notification of award. The remaining benches will be delivered within 30 days after the notification of award. In addition, we have a commitment from our banking institution for an extension of a line of credit to pay for the benches mentioned above. B. Placement Schedule it has been the experience of Martin Outdoor Media that our team of maintenance workers (two workers in each team) can set approximately 5 benches in an 8-hour day. Using this assumption, it will take our two teams of maintenance workers approximately 28 business days to in each of the two installations of benches. Martin Outdoor Media has made arrangements with our maintenance teams to begin installation on May 18. 2003. This assumes that the contract is awarded to Martin Outdoor Media per the tune given in the Request for Proposal plan e to install 2 benches per day as stated above. We expect to be completed t first installation of 40 benches by June 30, 2003. To reach this goal, our teams will work Monday through Saturday from 8AM to 5PM. We plan to start the second 35 bench segment on July 1, 2003. We plan to complete this installation by August 1, 2003. Again, we will work b 8-hour days per week. Product Maintenance Over ie" The ability to sell advertising greatly depends on the condition of our benches. product is the bus bench. it is for that reason that we will place the highest standards on the construction and on -going maintenance of these benches. This section will deal with the standards that we will adhere to in bus bench construction and on -going maintenance of the benches that are on location. A. On -Going Maintenance We place a great deal of emphasis on our on -going maintenance program. This ensures that our product is fresh and clean looking. We have outlined our on- going maintenance process below. City of Tamarac Bus Bench Proposal Maintenance Plan Page ] AiMi r O j4el oor Media Maintenance Rounds — Senior Management has hired and directs the activities of the two man maintenance teams mentioned above. Martin Outdoor Media has created a maintenance checklist for these teams. Once awarded the City of Tamarac Contract, we will devise a route diagram for these teams. The maintenance teams will use one of two trucks to follow the route diagram. It is our experience that the maintenance teams can cover a 30-bench route per day. Therefore, the route diagram will take the maintenance teams to each bench in the city two times a week. The maintenance teams will then be responsible for adhering to the maintenance guidelines on the checklist when maintaining the benches on the route. Each truck will have repair tools and spare parts that are sufficient to repair any damaged benches on the daily route. Senior management will review the adherence of company guidelines once a month for each bench in the city. See Exhibit C at the end of this section. Repair of Product — Martin Outdoor Media maintenance personnel are trained in the proper repair of the bench bases, seats and backs as well as on the weeding machine. They are required to use the utmost care in this repair. As mentioned above, they will have the proper tools and supplies to fix any routine damage to the benches on the route on -site. All benches that suffer major damage will be taken back to the maintenance area and a new bench will be supplied that day. See exhibit C at the end of this section. r Area Responsibilities — In addition to the bench proper. our maintenance personnel are required to service and rebag all trash receptacles on their route. They are also required to maintain a I0-foot by l0-foot area that surrounds the bench. This will include policing of the area, weeding and making calls on any damaged equipment in the area not under our control. See exhibit C at the end of this section. • Pest Control Plan - Martin Outdoor Media has contracted with DeVesa Extermination Company in all of the other Cities that we operate. They are a fully licensed extermination company. They have agreed to assist us with the Citv of Oakland Park's Bus Benches. Field Supervtsoi - In addition to our no»nal maintenance operations. Glenn Flutie will act as the Field Supervisor for the City of Tamarac's bus bench advertising program. His duties will include: monitoring every bench in the City for compliance, weekly compliance reporting, product testing and review, product positioning and product troubleshooting. City of Tamarac Bus Bench Proposal Maintenance Plan Page 2 AtartiN Qatdoof At"a Is 10 Figure I Ad Changing Protocol 1• Exhibit C Figure 2 Ad Cleaning Protocol Figure 3 Trash Removal Protocol Figure 4 2x4 Changing Protocol City of Tamarac Bus Bench Proposal Maintenance Plan Page 3 C� • • Madam Otitdoor Modia Submission Requirement Forms (Forms B-n Included Forms • Offeror's Certification • Certified Resolution • Offeroes Qualification Statement • Non -Collusive Affidavit • Public Entity Crimes • Foreign Corporation Statement • Vendor Drug Free Workplace Statement • Proof of Insurance City of "Tamarac Bus Bench Proposal Submission Requirements Purchasing & Contracts Division of Tamarac -� 0 CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we(1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL D If "Other", Expla PARTNERSHIP 0 � w Authorized Signature C"r 4- Title Company Name City/State/Z(p l 6 —Ca Fax Number r 6 CORPORATION OTHER lw-"w ��Yl'fe4�t- Name (Printed Or Typed) (,�_ )Or7 q2_01 Federal Employer I.D./Social Security No. LtL' C� Address Telephone Contact Person Page 7 of 1 Certification X e-;h, of Tamarac CERTIFIED RESOLUTION & Contracts Division I' % �,�Cp Qa, (Name), the duly elected Secretary of Wf ari'i h I c • (Name of Corp.), a corporation organized and existing under the laws of the State of r , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. bl'h�.S CdM�uy`- (Name)", the "IT IS HEREBY RESOLVED THAT �'1 L (Title of Officer) of duly elected Clot (Name of Corp.) be and is hereby authorized to execute land submit a Bid and/or Bond if such bond is required, to the City of Tamarac and such other behalfy on ed the instruments in writing as may be n cessar si ned byhim/hershallbe corporation; t binding upon the said Bid, Bid Bond, and other such instruments 9 corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. on the ry The City of Tamarac shall be fully protected fr�iom relying and all claims, demands, expenses, expe sers, loss or shall be indemnified and saved harmless Y or growing out of honoring, the signature of any person so certified or for damage resulting from refusing to honor any signature not so certified. 1 further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE " 2003-. L Given under my hand and the Seal of the said corporation this day of By. Secretary � n1 rCA Corporate Title NOTE: gested form of the type of Corporate Resolution desired. Such form need The above is a sug not be followed explicitly, but the CertiieheR solution l'osigning submitted clearly the Bid and Bid Band for the satisfaction of the City of Tamarac thatperson corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 7 Certified Resolution a Contracts Division of Tamarac 0 OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 8e' Avenue Tamarac, Florida 33321 Chec One �1 Yl U c� V V` 1-- u VV 1 I Company: l 1 Corporation o�Z•1Q ('�x1tew� Contact Name: y C�att�� ElPartnership Address: tM �L 331& c. � Elindividual City, State, Zip $ L 5S - O S 12- Sy 55�3 475 W e El Other Telephone No. 3�S ASS Fax No. partnership, corporation, State the true, exact, correct and complete name esss and the address of the place the titious name under which you do busin trade or fic of business. ■ The correct name of the Offeror is. The address of the principal place of business is: �31C �7 i f �L/C� 2. If Offeror is a corporation, answer the following: r a) Date of Incorporation: b) State of Incorporation: `414, l c) president's name: Is d) Vice President's name: e) Secretary's name: Treasurer's name: C Cortjj'j( ^� Name and address of Resident Agent: r^ ft kt�L-u ti. r1 /ctii 1"� 33 �— - 7 offerar's Qualification statement Page of 5 w.. of Tamara e Purchasing & Contracts Division 10 nershi answer the following: 3, If Offeror is an individual or a p rt p, a) Date of organization: b) Named, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, coo ation or partnership, organizatiO and give the name and ad ofprincipals: describe the av 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. ' ears has your organization been in business under its present 5. How many Y t. business name? i4C a) Under what other former names 14 has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competeracY and/or state registration. r ` 8. Have yo personally inspected the site of the proposed work? YES a NO 9. Y Do ou have a complete set of documents, including drawings and addenda? YES 0 NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? YES a NO t� ~ Offeror's Qualification Statement Page 2 of 5 & Contracts Division of Tamarac 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: known addresses of tree () 12. State the names, telephone numbers and neast th he most knowledgehof work owners, individuals or representatives of ow (government owners are which you have performed and to which you refer (g preferred as references). Address Telephone Name114-11 U. 413 rivf /ti9tc S 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). So I'm t'v) _ '"� supervision .of the work:..._._. Lf� (� _ __ - �� ,.��c. h will have personal _..---.. _ . _... : al sup. 1,4. State the name of the individual _ p! (jYt�f C,rM �Dln L. �c �i i �' 15. State the name and address of attorney, if any, for the business of the Offeror: or als who own an 16. State the names and five percent f 5% ll businesses of the Offe ors/ businessdluand indicate the interest of more than five pe c ( ) percentage owned of each such business and/or individual: �4 33r2� addresses and the type of business of all firms that are partially 17. State the names, or wholly owned by Offeror: Page3of5 offeror's Qualification Statement city of Tamarac 0 Purchasing & Contracts Division 18. State the name of Surety Company which will be providing the bond, and name and address of agent: . Al, d i �' 5(0c—`' Stu A' d-S 19. Bank References: Bank Address Tele hone cGs c 27 0 sr ed 20. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: 22. Is this financial statement for the identical organization named on page one? YES El NO 23. If not, explain the relationship and financial responsibility of the organization whose financi I statement is provided (e.g., parent -subsidiary). Page 4 of 5 Offeror's Qualification Statement FH;x NO. . jar.. c3 1998 11: 5 7PM F'1 n:_m MARTIN OUTDOOR MEDIA, INC. F'IN 4NCIAL STATEMENTS THREE N ION HS AND TWELVE MONTHS ENDED DECEMBER 31, 2002 • 0 11 spa .,,•ors, `•`,�++•ic�'cx:.T,i�S6 c�+s+�x+►* .�eeiikrh'+�'��.,d �«:46� ,�+ow� r� u To the Board of Directors 'Niartin (}utdoor vxedia, Inc.. Miami, h'lunda �1�: (.�asJ ss�-dire• 1 have compiled the aacotnpanying balance sheet cf' Martin Outdoor lV1t:.dia, inc. (an S Corporation) as oz riecember 31, ^002 and the related Income Statement for the three months and twelve months ended. in accordance with 7tatements on Staltd/lyds for dcrounting and Review Services issued by Eltc A,=ri=' Ins tittxtc gfCct<ified .Public Accounta.nV4. A cor:lpilation is limited to presenting in the frrm of financial statements irtfoz7718tiori that it the rvpj� entatioil of n'tatuagenient. l h:avt clot audited ur revie%, ed the ace-onnpanying f1=,ttnGial State" -- it a:-,d; accordingly, do net--KWCS` an c;pi±aon cs ai.}' ut::ei form c: hianagtmt~�!t has elected to om.ubstan-,iat1y all of the d'sclosuTes and the staten nt of ,.ash flows ieRtlired by generally acE•tipted ac:LvwnLing Principles- if the omitted disclosures rund s"ternent of crash flaws were in.cit:ded in the f naneial statements, they i :,t7.CC 4!tG uyCr 3 C� �;1C:iLl:�IQP_ about fire" �.:Crt:�i".11Y�S flnanc-al _position, results o: n►igh _z:.i'� y �. Y d for ��! flt,\L;i. P.S CC►rdan�l , .n e. fiz;an4tal sizii.ements arc rot designs ,,pcYaClozxs, and cap no in#qTT tC.d a'v:ll; such m:lttexy Tile, c �t:! p�a,t:v, a�iil? the. c. on5t:R± , it . si',2r�i7i,iu�l'�, 11ti5 tiCCt :i a:tii�! i�lt l�tLztrna; ji.C'ti�rl;lk t_;za1r (l: Lr. 2tr: C.L4y7`,'c:iiJ3",. lr. ,�1i'la 44 C+�:Esii','i1Dl"s tt;Cvi:"te la:.Ci, Ct'-p" ti 2 Milt :'.tI1.'. i :tom- on .1 e_ � � N. share of the Corti .l!i°' 5 p �ii pan tom. i 7i"C C��I.iC:l3t r�r. is:�at,le til�'•11ii1e. 1::r:'� ht,s beenfUif. i71�_�'t_]c:tl I'aT llit17111tV t17: federal lllc:t7T`te t'�rCs iticludc.d in L _se linarlciai staterr►ent5. ti W. Rea ves. C.P.A., P.A. Jar..'•_3 193- 8 1l : APT l Fr. 0TFXIGH MEDIA, INC- SHEET ASSETS rluz'rEat AAsets fi �. 1,809.92 in bank-Tr-aLllc . ece_ ;��Ycau�at� �Y]► yLi�,'r7�Fc^... pr.���;a�'��', � r.3.• d tom. Y 79 . l5 Pi.i rn i t 0're Vrhi�le "4 79 . 2 c. dep-furnirr� �' i�jG�7ry.9Y) I� !•3i A::G. aria E uIpment 93 7 .YI gal j� Sir' 1:k Get Y r -] 90, 532.2 A. FR[rl ' rrtif NO jar,. 3 wqg 1° ' 59pr M F I MARTIN DLtTI7�X)P- MED!A, INC . BALANCE SHEET DEC:EMBEe, 31, 2002 LIABI1,ITIES AND CAPITAL Lrnmt. Liwbil 'ties a 241, 974 .00 Security deposit. 1,984.00 Social recur{ t� paya.Dle 4fa4 .4L 1+e:iicax'e Fa b a 143.27 TES levy t.490 .00 a7Ce� Accrued unempi y. ilabilit test cr�_4 Tex'm LiabilytiFeldrlan ►1 Long 'T..aYrn. Liabilit;dz 's'�eCul Liabilit es capital y,roMlw r' 9-00.00 ' Paid ir: Capi Lal ;1� 024.03) �.e* sin :n=,rninncrr.w t:Gira c it '4�i--- . 7 7, r c c..Te-fit Earnings - Adam reeld-man. ^ ?dj . - S�.«tt, Ma L i'L (494. }raCv uwn. Ctlr e7,t ti Soot' Mart n Ea rTl gv _W 3? , O - r 'Tot&, %SCE t�at� 7� 0, 000. CC mac; 055.2 i see r�C'•.'.'ouCitant' _•=Cl%:i�ce�11�i1 FiCL•-•- es NO. ri`i 3wiE STMIEMENT F ,, R T-HE TWKLI r i 1CR:'q.S ENDEL' rE-E GER CURRENT PER I OD Y%t►R TO DATE A.mvunt PCicen'- Amount Percent Rbyerult� I ttwcnte 7'c.'at�.l R�-trr_--aue 5p�:id � pragv�al 6-,,Ppe se F9uL. ;iF E3e regal C m:r.uri c t ion C.r%ice �xp4&r.F� Merl t. p;:yw 11-�f f icr�rs TeiiC- T V e- N in C� k 81,638.51 100.0 $ 61,638.51 100.0 56, 352 - 65 103. =i 1uE352.$5 xu0.w 0.00 0.0 961.43 0.5 0.00 ;.a 9B$,Q3 u.5 s,161..:i �_ 10,12v.61 5.2 4,77.9.G9 !,-5 11,176.14 IA- .: 31,nG2.9,'s 16.1. G. 00 G . ' 64 0 00 u . 3 1,24410 1..5 1,3+i`;.6p 3SS 0 0 82.32 14�0.oc. 0+� r. 0 .63 328.66 [n.2 31_2,69 0.4 312.69 0 *1 13, 553 . ? 1 1-0. r 20, 153 .11. 10.3 2...5 u?,047-2 25. 42,138.50 43.67' D.9 i 9"1.41,23r1.9Q 622'2 :.�554.31. a 4 :t 8 79:1 ._ 4. ;�.3 �. 537.SG q.4 - 5G5 H6.CG ob 4, 234. (J" 075 .25 i,50:.88 Q S 1 1r'00C.or) 2,687,11 61 G. I. -1 4rc 2_ Purchasing &Contracts Division City of i"amarac The Offeror acknowledges and understands that the information contained in response to this Qua lification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of a County of f , 20 v , before me, On this the day o the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. 01 NOTARY PUBLIC SEAL OF OFFICE: r :•}Mr Fyn, O NA ANUrEU 'e' COfmissbt x DD066655 1. r j EkPIRES: November 16, 20M ft4O TMu NOWN AE"c.UnOrirwAlen 41 A ]44-14 NOTARY PUBLIC, STATE OF FLORIDA 0 /ivIglVAe1-'F' V (Name of Notary Public: Print, Stamp, or Type as Commissioned) (215-ersonally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 5 of 5 offeror's Qualification Statement Purchasing $ Contracts Division City of Tamarac NON -COLLUSIVE AFFIDAVIT State of Ord Y` )ss. County of braytl wl 4 �DutiL being first duly swom, deposes and says that: 1. He/she is the 6 fWltfr , (Owner, Partner, Officer, Representative or Agent) of MM r , 0"t" the Offeror that has submitted the attached Proposal; 2. He/she is fully informed ent pectumstances respecting sing the preparation anuch Proposal; contents of the attached Proposal and of all pert 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror 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 Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), r or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy. connivance, or unlawful agreement on the L part of the Offeror or any other of its agents, representatives, owners, employees r or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: 4Al 1 Ati By C Atjes &S (0MfCjc1— P ' ted ame J Witness ;_ /"Y�+ �,� ��j� t i �r Title Page 1 of 2 Non -Collusive Affidavit purchasing 8� Contracts Division City of Tamarac ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida-) � County of On this the ?-t, day of ?Aa_vk , 20 0 �, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) ofindividual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC G,;,/,, e+,V-"0 e- " SEAL OF OFFICE: (Name of Notary Public: Print, Stamp. or Type as Commissioned) Versonally known to me, or ❑ Produced identification: (Type of Identification Produced) r � ❑DID take an oath, or ❑DID NOT take an oat 'T• e�" L. 4w Trlw Wary PL"117 U�ICBfY:'llB�i C� I G Non -Collusive Affidavit Page 2 of 2 r purchasinq & Contracts Division of Tamarac - e SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), 0 FLORI )A STATUTES, ON PUBLIC ENTITY CRIMES • THIS FORM MUST BE SIGNED IN THE ADMINISTER OATHS. PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZEDD3 y ��� - 1. This swom statement is submitted with Bid, Proposal or Contract No. _ to the City of Tamarac for G' 2. This swom statement is submitted by (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) l� �- Dq i 4tiO3 (If the entity has no FEIN, include the Social Security Number of the individual signing this swom statement: 3. My name isi'1l�C.t- (Print name of individual signing) my relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(9), Flarlda Statulds, 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 services. any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), 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 charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a). Florida Statutes. means: a. A predecessor or successor of a person 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 rime. The shareholders, "affiliate" includes those officers, directors, executives, partners, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. Purchasing & Contracts Division of Tamarac- - e 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or 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 led 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 I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after 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 the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTIIO NG OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS F THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD OR CATEGORY T7, FLORIDA WO OFnANY CHANGE NOUNT DTHE IN SINFORMATION ECTION ICONTAINED STATUTES IN THIS SFORM. - (Signature) 3 zs o3 - (Date) is Purchasing & Contracts Division L� • of Tamarac ACKNOWLEDGMENT State of Florida County of � 1--0'`' On this the ?'�O day of 2003, before me, the undersigned Notary Public of the State of Florida, personally appeared � and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal _ f NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, ` "`= Stamp, or Type as Commissioned) ; • GOO' ANOAEIJ �ilSSIO;r 1 DD OBS855 EXPIRES: rio"mbe� t8,2006 ❑'Personally known to me, Or krWed �►���,:�. ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath C� u Purchasing &Contracts Division City of Tamarac FOREIGN (NON-FLORIDA) CORPORATIONS MUST COMPLETE THIS FORM�� �v DEPARTMENT OF STATE CORPORATE CHARTER NO. 071501� Florida Statutes, Y_OU MUST If your corporation is exempt from the requirements of Sectio 6 HECK gEL W the reason(s) for th stance wion. th �rPlease po ate registration or the partment of State, Division of Corporations at (850) 245-6051 for as 607.1501 Authority of foreign corporation to transact business required. (1) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department ofState business within the (2) The following activities, amongothers, do not constitute transacting meaning of subsection (1): a ❑ (b) ❑ (m) (3) The list of activities in subsection (2) is not exhaustive. (4) This section has no application to the question of whether any foreign subject to service of process and suit in this state under any law of this state - Please check one of the following if your firm is NOT a corporation: (1) ❑ Partnership, Joint Venture, Estate or Trust (II) ❑ Sole Proprietorship or Self Employed Maintaining, defending, or settling any proceeding. on other activities Holding meetings of the board of directors or shareholders or carrying concerning internal corporate affairs. Maintaining bank accounts. Maintaining officers or agencies for the transfer, us ees, or depositaries withe, and gespe1ct to hose corporation's own securities or maintaining securities. Selling through independent contractors. agents, or otherwise, Soliciting or obtaining orders, whether by mail or through employees, if the orders require acceptance outside this state before security come cons in racts. reaor personal Creating or acquiring indebtedness, mortgages,a pr'operty' mortgages and security interests in property Securing or collecting debts or enforcing securing the debts. 1 ransacting business in interstate commerce. Conducting an isolated transaction that is completed within 30 days and that is not one in the course of repeated transactions of a like nature. Owning and controlling a subsidiary corporation anion which it has lawfully sacu1 red. business within this state or voting the stock of any core Owning a limited nless such ern t d rpartner manages or controls tnterest in a limid 'he partnership orp that is doing eexercises rt the this state, u powers and duties of a general partner. Owning, without more, real or personal property. corporation is ion or have checked I or It NOTE: This sheet MUST be h ck I or It ath your dtclaimf you ll bove, yourfirm will be conside ed a tcorporat on and subject to all above. It You do not c requirements listed herein. BIDDER'S CORRECT LEGAL NAME SIGN UR AUTHORIZED AGENT OF BIDDER Pace 1 of ; Foreign Corporations Statement 0 M purchasing & Contracts Division of Tamarac t VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/pro oo da certifying they have adrug-free workplace in accordances of the State and be comes7effective Statutes. This requirement affects all public entities January 1, 1991. The.special condition is as follows: IDE NTICAL TIE BIDS - Preference may be given a E equal businesses d o price, rug workplace programs. Whenever two or more bids that and service are received by the State or by Yiid recei ed from a business political subdivision hat for the procurement of commodities or co quality, ntractual services, a b be given certifies that it has implemented a lisheddrug-fre procedures or processing ce # eram llbids will be preference in the award process. Established p. In order to have followed if none of the tied vendors nave a rug free workplace program a drug -free workplace program, 1 Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or a of thattrolled substance is will be taken against prohibited in the workplace and specifying the use employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free s once pragramsworkplaceny available drug and the penalties counseling, rehabilitation, and employee a that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual 3 of the statements specified in subsection (1). services that are under bid a copy p 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual ment andservices tw�ll notify tt are her e bid, the employee will abide by the terms oere to. any employes of any conviction of. 01 polled substan er law the Unted States or violation of chapter 893 or of any con any state, for a violation occurring in the workplace no later that five (5) days after each conviction. or require the satisfactory participation in a drug abuse 5. Impose a section on, employee's assistance or rehabilitation program if such is available in the emp y community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain adrug-free sign theworkplace thrroug, I implementation of this section. As the person auth ement certify that this form complies fully with the above requirements. Authorized Signature K41t Lt/; r I LT Lrn nQ—A - C Company Name Page 7 of I Drug -Free Workplace • No r Purchasing & Contracts Division of Tamarac REFERENCES agencies and/or private firms with whom you have done business Please list government during the last five years: � Your Company Name Address City State Zip r�' L 33f IP VC Phone/Fax 6 ZZ A gency/Firm Name: 0 ' Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Page 1 of 1 References „%Mim ooddo” AUdia D. References 1. Reference: Mr. Alfredo Riverol Officer, City of North Miami Beach Public Information 17011 N.E. 10 Avenue North Miami Beach, Florida 33162-3194 (305) 948-2941 2. Reference: Mr. Mike Sprovero Assistant City Manager, City of Miami Springs 201 Westward Drive Miami Springs, Florida 33166-5259 (305) 885-4581 3. Reference: Mr. Charles D. Scurr City Manager, City of South Miami 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6338 4. Reference: C s. C arie City ftSweetwater 500 S.W. log"' Avenue Florida 33174-1398 Sweetwater. (305) 221-0411 5. Reference: Mr. Ariel Cintron Engineering Department, City of Hollywood City 2600 Hollywood Boulevard Hollywood, Florida 33020 (954)921-3254 b Reference : Mr. ]van Paw Cite Managei. Cit. of Dania Beach ] 00 West Dania Beach Boulevard Dania Beach, Florida 33004 (954) 924-3610 7. Reference: Ms. Ann Perrotta City Manager, City of Oakland Park Assistant 3650 N.E. 121b Avenue Oakland Park Florida 33334 (954) 561-6292 8. Reference: Ms. Linda J. Owen President, E.A.S.E. Foundation 6901 Orange Drive Davie, Florida 33314 (954)797-1077 Bus Bench Proposal Firm Qua] ifications/References Page ] City of Tamarac • Martini Osdoloor AWM 9. Reference: Mr. Spencer Stoleson Senior Planner, Broward County Maas Transit 3201 West Copans Road Pompano Beach, Florida 33069 (954)357-8342 City of Tamarac Bus Bench Proposal Firm Qualifications/References Page 2 D" Tigti _`�� O , P R ' CON o Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NO.2 RFP NO. 03-1OR BUS BENCH AND SHELTER DESIGN, CONSTRUCTION, INSTALLATION AND MAINTENANCE DATE OF ADDENDUM: MARCH 25, 2003 Proposers are herebynotified Proposal is ument um shall be made part of the above named Request for The following RFP specified document forms were omitted from the RFP. 1. Public Entity Crimes Statement 2. Foreign Corporation Statement NOTE: The attached formwith n 4 days of the C tys request. with Allyour RFP; however, said forms must be submitted Y All other requirements included in the RFP shall remain the same. Submittal date of Wednesday, March 26, 2003 by 2:00 pm remains the same. If you have any questions regarding this addendum, please call (954) 724-2450. James Nicotra, CPPB Senior Procurement Specialist 0 7525 NW 88th Avenue ■Tamarac. Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tomarac.org Equal opportunity Employer Page Two Addendum #1 RFP 03-10R ID March 12, 2003 • Please sign below and submit this addendum with your proposal. CL b T:�At Company Name zS Authorized Signature D tel Addendum #1 RFP 03-10R 03/27/2003 12:13 �541 Zia Z4 a City 01 Tc1m,,r 7C - =- :�Corr;r-:ltiec' !c� Er:aellenGe...�a. purlhat 's D a� Cvnlra'atn ADDENDWA Nt1MBER 1 s Rpp 1+10.03-10R SUS SYNCH AND gH�L'fta MAINTENANCE AINCUCT10W, INS-'ALLATION ANDo , coN$sR . MARCH � 2003 DAYF- OF ADDF-NDUM- thia Addendum shall be made pram of tha horeby n')tifled that document pra- PropU�;�rs are uast for Proposal �iAr,datorY above named Req uastwns from �e changes to rr►fom-latior, reupands tta g note the follow ;rig This tullc�%�`ng . nald on March 12, 2QC3. Please P fe�sal Nleetilg , . uAst for Pru�ticsals; of the FeQ be o L P:i os4,. + • the contract that K►sY qr P 0' G ,. ,_.. T :The term °t t l5 . n �. uest for Proposa with sic � S& i 10 ears. m ded as a� result Of thls R�� ertod up to ten ( ) � the larrn ehall be for a P f flee (5) years. for bus shelters, - ( extensivik pdrlod v, a. ton in renew far o; ►0 1) �t y�x; ' , fj(li months (5 an opt period = Y�riod of sixty (b4� •► o lion to rengw for une (t 1 ri,ctensiUn i ta. Far bus ber,Ghes- the term shalt hh for 8 ear$), with * n P Y ,��� j ' icativ.n�. ri>antrls (5 yes:- rr •h S h rte�r an 1 D pay r 'ectian - aa Contractor shad make 2 RFP cti�". q�vrar�ts�ertl•i g heltars"...; ayalfable up tv five (5) non-ad'� This charrges tc �uP to twa (2) non-adveri15irI9 Shelters". . :� aI Ro uirem n item_�,.P r ° xi- a. d y i>'' 0.-1 �3R� of Lynda s� flurry, CPPO.�?urchasin a►n the atte� �-it �or►trncts Manager. :nan $y to "to the atter+i+urr of James Ni:otra, Szrior f'rocuremerr a. This c 9 specialist. Al 1 rather mqulrvan►gnts included in the RAP shall remain the`sarna_ � 50. any questiund regarding tnis adder)dum, PlealBe ,111 (JS ) 7242. 1, yr,7'U h.�v � _ jamQs 1�;►cotra, CPP13 <:e!-li,_►r Procurerrient SPeClall: t _ 1 24.,i8 ! Wv�'`v` ." Gfnar;.: •...:r ••��r. �.'.1 ,�.�.�., rya +.l,.r � ,11.:.dl /11." u< Pagsr. Two Addendum #1 RFP o —iOR March 12. 2UO3 Please sign below and submit this addendum with your proposal. lM i �► D d Company !Jame 3 � Au arized Signature ata • A:1,19ndwn #1 i t Marti, oardoor Media 11 r1 Revenue Schedule (Revised) Martin Outdoor Media is pleased to present the following guaranteed payment schedules for the City of Tamarac's Bus Bench Advertising Program. Table 1 shows the guaranteed payments assuming the style of bench closely associated with the style generated by the City is to be used. Table 2 shows the guaranteed payments assuming the model created by our in-house design company is to be used. As both styles are significantly more expensive than our original design, we have had to decrease our monthly payments to the City accordingly. Both tables are based on 60 advertised benches (75 stops/benches — 15 non. advertised stops/benches requested by the City). Martin Outdoor Media will pre- pay the guaranteed annual amount owed to the City of Tamarac each year on the anniversary of the contract execution. Table 1 - Design selected by Committee Year 1 2 3 4 5 Guaranteed Payments per Month $250.00 $250.00 $250.00 $500.00 $800.00 Table 2 - Design rejected by Committee Year 1 2 3 4 5 City of Tamarac Guaranteed Payments per Month $500.00 $500.00 $500.00 $750.00 $900.00 Bus Bench Proposal Guaranteed Payments per Year $3,000.00 $3,000.00 $3,000.00 $6,000.00 $9,600.00 _ Guaranteed Payments per Year $6,000.00 $6,000.00 $6,000.00 $9,000.00 $10.800.00 Revenue Schedule Page 1 � !! • �.*'i, �� •+w _� ,ir f'�ir -. „..,•.,;..dry* ;•r�nw•r�r+r•�ra r. rr '•i �■ . .