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Home My WebLink AboutCity of Tamarac Resolution (175)Temp. Reso. #9787 May 31, 2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-175 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE BUS BENCH AGREEMENT BY AND BETWEEN THE CITY OF TAMARAC AND BENCH ADS OF TAMARAC, INC. FOR THE PROVISION OF INSTALLING AND MAINTAINING BUS BENCHES WITHIN THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac and Bench Ads of Tamarac, Inc. entered into a ten (10) year Agreement dated May 29, 1992, (attached hereto as Exhibit 1) for the provision of installing and maintaining bus benches within the City of Tamarac; and WHEREAS, the Agreement expired on May 28, 2002; and WHEREAS, The City is in the process of evaluating the bus bench regulations to determine the long term impact on the City; and WHEREAS, in order to complete the evaluation process, the City wishes to extend the term of the Agreement, effective nunc pro tunc to May 29, 2002 and with an expiration date of one year from the date of execution by the City; and Temp. Reso. #9787 May 31, 2002 Page 2 WHEREAS, the City of Tamarac and Bench Ads of Tamarac, Inc. mutually agree to enter into an amendment to the Agreement (attached hereto as Exhibit 2); and WHEREAS, it is the recommendation of the City Manager and the Interim Building Department Director to approve the amendment; 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 enter into an amendment to the Agreement for bus benches with Bench Ads of Tamarac, Inc; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute the amendment to the Agreement with Bench Ads of Tamarac, Inc. to conduct bus bench operation and maintenance with accompanying advertising rights within the City of Tamarac, extending the Agreement effective nuns pro tune to May 29, 2002 and with an expiration date of one year from the date of execution by the City. A copy of said agreement attached hereto as "Exhpit 2". 1 �7� 1 1 1 Temp. Reso. #9787 May 31, 2002 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 261" day of June, 2002. ATTEST: :cam -, MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ********* as to form. MITCHELL R J CITY ATTORNEY - OE SCHREIBER, MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS NAY AMENDMENT TO MAY 29, 1992 AGREEMENT BETWEEN THE CITY OF TAMARAC AND BENCH ADS OF TAMARAC, INC. FOR INSTALLING AND MAINTAINING BUS BENCHES WITHIN THE CITY OF TAMARAC, FLORIDA This Amendment to the May 29, 1992 Agreement between the City of Tamarac (hereinafter "CITY') and Bench Ads of Tamarac, Inc. (hereinafter "CONTRACTOR"), is made and entered into this— day of �-&ae_ , 2002. WITNESSETH: WHEREAS, the CITY and CONTRACTOR entered into a ten year Agreement dated May 29, 1992, for the provision of installing and maintaining bus benches within the City of Tamarac; and WHEREAS, the CITY is in the process of evaluating the bus bench regulations to determine the long term impact on the CITY and CONTRACTOR; and WHEREAS, the evaluation process is not yet completed; and WHEREAS, in order to complete the evaluation process, the CITY wishes to extend the term of the agreement; and WHEREAS, CONTRACTOR has expressed a strong desire to have a long term relationship with the CITY; and NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. That this Agreement is effective nunc pro tunc to May 29, 2002 and shall expire one year from the date of execution by the City. In the event this contract is not renewed at the end of its term, CONTRACTOR shall have ninety (90) days within which to either remove the existing bus benches or make other arrangements for their disposition, which other arrangements must meet with the approval of the CITY. 2. That the current rate of FIVE THOUSAND DOLLARS ($5,000.00) paid by the CONTRACTOR to the CITY for the privilege granted in the Agreement, will be amended to ELEVEN THOUSAND DOLLARS ($11,000.00) for the extended term of the Agreement to be paid the first working day of January 2003. 3. That the CONTRACTOR will place trash receptacles at bus bench locations specified by the CITY. CITY will provide CONTRACTOR with a list of locations within 30 days of signing the Agreement. CONTRACTOR will empty these receptacles at a minimum of one time per week. 4. That the May 29, 1992 Agreement between CITY and CONTRACTOR and all subsequent amendments and addenda thereto not subject to this or other duly executed amendments and addenda remain in full force and effect. Failure to specifically delineate any prior terms or conditions in this Amendment do not operate to relieve CITY or CONTRACTOR of any obligations pursuant to the Agreement or waive any rights contained therein. 5. That the effective date of the Amendment to the Agreement shall be May 29, 2002. IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, and Bench Ads of Tamarac, Inc., signing by and through its President, Eric Nadel, duly authorized to execute same. ATTEST: Marion Swenson, City Clerk Date CITY OF TAMARAC� �c Joe/Schreiber, Mayor 7L6/6� Date r� Jeffrey L. Millef, City Manager 7 //6 /J v- Date /App ov as to rm and I al sufficiency: Mitc ell S. Kraft, City ttor y Date ATTEST: Bench Ads of Tamarac, Inc. Company Name (Corporate Secretary) Signature of President wne Type/Print Name of Corporate Secy Eric Nadel Type/Print Name of President/Owner (CORPORATE SEAL) Date CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA: :SS COUNTY OF"10 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Sate aforesaid and in the County aforesaid to take acknowledgments, personally appeared Eric Nadel, President of Bench Ads of Tamarac, 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 1_� day of 2002. OFFICIAL NOTARY SEAL ,JUNE A WHITE NL- iARY PUBLIC STATE OF FLORIDA COIv ML55ION NO. CC775720 MY COMMI'6I0N FX?. SETT 15,2002 a k6�— Signature of Notary Public State of Florida at Large ,Tu Ne- A- U)414 Print, Type or Stamp Name of Notary Public ❑ Personally known to me or Produced Identification tcb Type of I.D. Produced •f!�— DID take an oath, or ❑ DID NOT take an oath.