HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-117Temp. Reso. #9322
April 3, 2001
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-117
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A BUS
SHELTER AGREEMENT BY AND BETWEEN THE CITY
OF TAMARAC AND ELLER MEDIA COMPANY;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac and Eller Media Company entered into a
five (5) year Agreement dated September 25, 1995 (R-95-199), relating to Eller
Media Company's rights to conduct bus shelter operation and maintenance with
accompanying advertising rights within the City of Tamarac; and
WHEREAS, the Agreement expired December 31, 2000; and
WHEREAS, The City of Tamarac and Eller Media Company mutually
agree to enter into a new Agreement for a term beginning January 1, 2001
(attached hereto as Exhibit 1); and
WHEREAS, the Agreement would be effective for a period of one year
from date of execution by the City; and
WHEREAS, it is the recommendation of the City Manager and the Building
Official to approve the agreement; and
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Temp. Reso. #9322
April 3, 2001
Page 2
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 Agreement for Bus Shelters with Eller Media Company.
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 Agreement with Eller Media Company to conduct bus shelter
operation and maintenance with accompanying advertising rights within the City
of Tamarac, a copy of said agreement attached hereto as "Exhibit 1 ".
SECTION 3: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
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Temp. Reso. #9322
April 3, 2001
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SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 9th day of May, 2001.
ATTEST:
MARION WENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MITCHELL qA<RAFT
CITY ATTGRNEY
/ J, E SCHREIBER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER L 4'G c
DIST 1: COMM. PORTNER (. .
DIST 2: COMM. MISHKIN r_
DIST 3: V/M SULTANOF c.
DIST 4: COMM. ROBERTS
Temp Reso. No. 9322
April 9, 2001
Exhibit " 1 "
AGREEMENT BETWEEN
CITY OF TAMARAC
WAD
ELLER MEDIA COMPANY
•C
ERECTING AND MAINTAINING
BUS STOP SHELTERS
WITHIN THE CITY OF TAMARAC, FLORIDA
AGREEMENT BETWEEN CITY OF TAMARAC AND ELLER MEDIA COMPANY
FOR ERECTING AND MAINTAINING BUS SHELTERS WITHIN THE CITY OF
TAMARAC, FLORIDA
TABLE OF CONTENTS
ARTICLE 1 GRANT OF RIGHT......................................2
ARTICLE 2 INDEPENDENT CONTRACTOR ...........................4
ARTICLE 3 PAYMENT OF FEES....................................5
ARTICLE 4 MAINTENANCE OF BUS SHELTERS .......................5
ARTICLE 5 REMOVAL OF BUS SHELTERS ...........................6
ARTICLE 6 LOCATION AND CONSTRUCTION OF BUS SHELTERS .......7
ARTICLE 7 NON WAIVER OF POWERS AND REGULATIONS ............8
ARTICLE 8 TRANSFER OR ASSIGNMENT ............................8
ARTICLE 9 INDEMNIFICATION ........ I ............... I ............9
ARTICLE 10 INDEMNITY AND INSURANCE ...........................10
ARTICLE 11 LOCAL AGENT FOR INSURANCE AND BONDING ........... 14
ARTICLE 12 NO CONTINGENT FEE.................................14
ARTICLE 13 MISCELLANEOUS.....................................15
ARTICLE 14 SEVERABILITY, WAIVER OF PROVISIONS.................20
ARTICLE 15 TERMINATION........................................21
ARTICLE 16 TERM...............................................21
ARTICLE 17 MERGER; AMENDMENT................................22
Temp Reso. No. 9322
April 9, 2001
Exhibit 1
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
ELLER MEDIA COMPANY
FOR ERECTING AND MAINTAINING BUS STOP SHELTERS
WITHIN THE CITY OF TAMARAC, FLORIDA
THIS AGREEMENT is made and entered into this q day ofU
2001 by and between the City of Tamarac, a municipal corporation with principal
offices located at 7525 NW 88th Avenue, Tamarac, FL 33321 (the "CITY") and Eller
Media Company, a Delaware corporation, it successors and assigns, (the
"COMPANY").
WITNESSETH:
WHEREAS, the CITY and COMPANY entered into a five (5) year Agreement
dated September 25, 1995, relating to COMPANY'S rights to conduct bus shelter
operation and maintenance with accompanying advertising rights within the City of
Tamarac; and
WHEREAS, the Agreement between the parties expired on December 31,
2000; and
WHEREAS, the CITY and COMPANY mutually agree to enter into a new
Agreement, retroactive to January 1, 2001.
NOW THEREFORE, in consideration of the mutual terms and conditions,
promises, covenants and payments hereinafter set forth, CITY and COMPANY agree
as follows:
1. The foregoing recitals are true and correct and form part of the
consideration.
ARTICLE 1
GRANT OF RIGHT
1.1 The CITY hereby grants to the COMPANY for the term herein described the
exclusive right to construct, erect, install, repair, and maintain shelters at bus
stop locations throughout the CITY, subject to the CITY and the COMPANY
mutually agreeing to each said location. This right is intended to include both
existing bus stop locations and those created by the CITY or by the Broward
County Mass Transit Division within the corporate limits of the CITY or on land
owned by the CITY within Broward County, Florida, at any time during the term
hereof. Moreover, such right shall pertain to and include all bus stop locations
within the CITY whether on land owned or leased by the CITY, on land over
which the CITY has obtained easement or use rights, or at other locations
approved by State Statute.
1.2 The CITY and COMPANY agree that the COMPANY shall erect and maintain
bus shelters to be placed at certain designated locations. Bus shelters shall be
placed, maintained and relocated as required by the CITY. It is the
COMPANY'S obligation to place bus shelters at the direction of the CITY. The
CITY and COMPANY agree that additional bus shelters may be added at any
time upon mutual agreement by their designated representatives at public
carrier stops assigned by CITY, Broward County Mass Transit or Florida
Department of Transportation. The bus shelters are designed for the
convenience of those using the buses in the CITY and shall be placed upon the
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streets traversed by public transit buses in the CITY. It shall be the
responsibility of the COMPANY to provide all costs associated with supplying
electricity, if available at the particular location, to the bus shelters authorized
under this agreement.
1.3 COMPANY shall install bus shelters only at public carrier stops and only with
the express approval of CITY and, as appropriate, either the Broward County
Mass Transit Division (hereinafter "COUNTY"), or Florida Department of
Transportation (hereinafter "FDOT"). All bus shelters shall be erected in
accordance with Chapter 337.407 and 337.408, of the Florida Statutes and
Chapter 14-20, of the Florida Administrative Code as amended from time to
time.
1.4 COMPANY shall install up to five non -advertising bus shelters as designated by
CITY, and any additional shelters as mutually agreed upon by both parties.
These non -advertising shelters shall be non -revenue, with no fees paid to the
CITY.
1.5 COMPANY shall illuminate bus shelters from approximately sunset to sunrise.
All illuminations shall be controlled by a photo electric cell.
1.6 CITY and COMPANY agree that COMPANY shall have no obligation to install
shelters where electric power is not available. After installation, COMPANY
shall not be deemed in breach in the event of any interruption of electric power
through causes not in control of COMPANY.
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ARTICLE 2
INDEPENDENT CONTRACTOR
2.1 The Relationship of COMPANY to the CITY shall be that of an independent
COMPANY, and no principal -agent or employer -employee relationship between
the parties is created by this agreement. By entering into this agreement with
CITY, COMPANY acknowledges that it will, in the performance of its duties
under this agreement, be acting as an independent COMPANY and that no
officer, agent or employee of COMPANY will be for any purpose an employee
of the City of Tamarac and that no officer, agent or employee of COMPANY is
entitled to any of the benefits and privileges of a CITY employee or officer
under any provision of the Statutes of the State of Florida or Ordinances of the
City of Tamarac.
2.2 COMPANY may not display advertising upon bus benches. COMPANY shall
not place any cigarette or liquor advertising on bus shelters within 500 feet of
any elementary school, middle school, high school, playground, established
educational center, established religious center, hospital, cemetery or
community center.
2.3 Upon execution of this agreement, COMPANY shall submit a report to the
Director of Finance stating the total number of bus shelters in place providing
the following information for each bus shelter: (a) bus shelter number, (b) bus
shelter location, (c) name of businesses on abutting property, and (d) name of
advertiser on the bus shelter.
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I_1AI[M]IMCI
PAYMENT OF FEES
3.1. For the privilege granted in this agreement, COMPANY shall pay CITY, upon
execution of this agreement, $730.00 per bus shelter for the period of January
1, 2001 to December 31, 2001, and for the period of January 1, 2002 to the end
of the term of this contact, the same amount prorated on a monthly basis.
3.2 Upon a space -availability basis, the COMPANY shall allow CITY approved
public service announcements to be advertised within the shelters. Any such
public service announcements shall be removed by the COMPANY in the event
the COMPANY rents such advertising space, upon five (5) days notice by the
COMPANY to CITY. The cost of preparation and installation of such public
service announcements shall be paid by the CITY.
3.3 The CITY and COMPANY agree that there shall be no payment for non
advertising bus shelters.
ARTICLE 4
MAINTENANCE OF BUS SHELTERS
4.1 All bus shelters must be cleaned regularly and when needed, and must be
maintained in good repair in safe and sightly condition. The CITY'S decision as
to the state of repair and condition shall be conclusive. COMPANY shall
inspect each bus shelter periodically to ensure full compliance with the
provisions of the Article.
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4.2 COMPANY shall regularly, and when needed, remove trash and other debris
from around each bus shelter. The CITY'S decision as to the need for trash
and debris removal shall be conclusive. COMPANY shall inspect each bus
shelter location periodically to ensure full compliance with the provisions of this
Article.
4.3 If COMPANY fails to properly maintain bus shelters, CITY may provide the
maintenance at its option to protect and ensure public safety. COMPANY shall
reimburse CITY for all expenses related to CITY's maintenance of bus shelters.
ARTICLE 5
REMOVAL OF BUS SHELTERS
5.1 No bus shelter installed at the streets or sidewalks of the CITY shall be
removed by the COMPANY during the terms of this agreement except with the
consent of the CITY. The CITY may, for reasonable cause, order the
COMPANY, in writing, to remove a bus shelter and its accompanying
foundation. When the CITY orders the bus shelter removed, the COMPANY
shall remove it within thirty (30) days at the COMPANY'S own expense. If the
COMPANY fails to remove the bus shelter and foundation, the CITY may order
its removal and destroy or sell it at the CITY'S discretion, and may, in addition,
bill the COMPANY for the removal or destruction in a sum not in excess of One
Thousand Dollars ($1,000.00) per bus shelter.
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ARTICLE 6
LOCATION AND CONSTRUCTION OF BUS SHELTERS
6.1 All bus shelters shall be placed in accordance with the provisions of Florida
Administrative Code Chapters 14-20 as amended and Florida Statute Section
337.407 and 337.408 as amended. In addition, the location of bus shelters
shall be subject to approval of the appropriate governmental agencies,
including FDOT, Broward County and City of Tamarac.
6.2 All bus shelters shall be built in accordance with specifications attached hereto
as Exhibit "A°. Any variation from the specifications contained in Exhibit "A"
must be approved by both CITY AND COMPANY. All shelters shall meet the
criteria for handicapped access as set out in Federal, State and Local law and
regulations including but not limited to Florida Statute Section 337.408, as
amended. COMPANY shall install handicapped access sidewalk pathways
from the road to the bus shelter and from directly behind the shelter to an
existing sidewalk abutting a right-of-way. All shelters shall contain a four (4)
foot to seven (7) foot seating bench depending on the size of the structure
installed. Size of bench to be approved by the Building Official. The
COMPANY shall be responsible for applying and obtaining all necessary
building permits and paying all fees for the bus shelter structures. The
COMPANY and/or its qualifier shall be responsible for requesting and passing
all necessary inspections. The bus shelter structures shall comply with all
statutory and administrative requirements including the South Florida Building
Code as amended.
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NON WAIVER OF POWERS AND REGULATIONS
7.1 This agreement shall not be taken or held to imply the relinquishment of waiver
by CITY of its power to make other reasonable requirements or regulations
pertaining to the subject matter hereof, and CITY hereby expressly reserves the
right to make all regulations which may be necessary or proper to secure the
safety, welfare and accommodation of the public, including, but not limited to,
the right to adopt and enforce regulations to protect and promote the health and
general welfare of the public from danger and inconvenience in the
management and operation of the installation of bus shelters detailed herein.
Nothing herein contained shall constitute a waiver of any of the rules and
regulations adopted by CITY including the right to make such changes and
amendments to said rules and regulations as said CITY may deem to be
advisable and necessary to protect the public health and general welfare of its
inhabitants.
TRANSFER OR ASSIGNMENT
8.1 The rights arising under this agreement may not be sold, transferred, assigned
or otherwise disposed of, without the prior written consent of the CITY. The
City Commission may grant or deny any request as it deems in the public
interest. The City Commission may impose conditions on any transfer or
assignment as deems to be in the public interest. Any attempted disposition
made without the Commission's consent shall be void. The rights granted
under this agreement shall be privilege to be held by the COMPANY for the
benefit of the public.
8.2 Eller Media Company, by execution of this agreement, agrees to terms
contained herein and agrees to be bound by the terms of this agreement.
ARTICLE 9
INDEMNIFICATION
9.1 The COMPANY 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 COMPANY
or its officers, employees, agents, subcontractors, or independent contractors,
excepting only such 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 the Agreement, even though the
claim may be made after the termination hereof.
9.2 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.
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ARTICLE 10
INDEMNITY AND INSURANCE
10.1 The COMPANY, its authorized successors and assigns (pursuant to Article 8)
shall indemnify the City of Tamarac, its officers, agents and employees, from
any actions, directly or indirectly, arising from the rights granted by this contract
including but not limited to the placement, construction, maintenance, use or
existence of the bus shelters on or near the streets, sidewalks and rights -of -
ways in the City Tamarac. Upon demand COMPANY shall at its own expense,
defend and indemnify the CITY, its officers, agents and employees, against all
actions relating to this agreement.
COMPANY shall obtain and maintain in full force and effect during the term of
this contract, worker's compensation insurance covering all employees in
performance of work under this contract. COMPANY shall make this same
requirement of any of its subcontractors. COMPANY shall indemnify and save
CITY harmless from any damages resulting to CITY for failure of either
COMPANY or any subcontractor to take out or maintain such insurance.
The COMPANY shall take out and maintain during the term of this contract, a
Comprehensive General Liability Insurance policy, naming as insured CITY, its
officers, agents, and employees. This policy shall include but not be limited to
all of the following coverage:
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GENERAL LIABILITY:
Comprehensive
Premises — operations
Products/Completed Operations Hazard
Broad Form Property Damage
Independent Contractors
Personal Injury
Cross Liability and Severability of Interest Clause
Contractual Liability
AUTOMOBILE LIABILITY:
Comprehensive
Owned
Hired
Non -Owned
10.2 COMPREHENSIVE GENERAL LIABILITY INSURANCE:
COMPANY shall procure and shall maintain during the term of this agreement
and any renewals, Public Liability and Property Damage Insurance in an
amount not less that $1,000,000 combined single limit coverage for bodily
injury, death and property damage (except automobile).
10.3 AUTOMOBILE INSURANCE:
COMPANY shall procure and maintain, during the term of this agreement and
renewals, Comprehensive Automobile Liability Insurance in an amount not less
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that $1,000,000 combined single limit coverage for bodily injury, death, and
property damage (automobile).
10.4 EXCESS OR UMBRELLA LIABILITY:
COMPANY shall procure and maintain, during the term of this agreement and
any renewals excess Umbrella Liability Insurance in an amount not less
than$1,000,000 coverage in excess of Automobile and Bodily Injury/Property
Damage coverages.
10.5 SCOPE OF INSURANCE:
The insurance required under the above paragraphs shall provide adequate
protection for COMPANY against damage claims which may arise from
operations under this agreement, whether such operations by the insured or by
anyone directly or indirectly employed by the insured. CITY shall be named as
an additional insured on all of COMPANY'S liability insurance policies provided
for herein.
10.6 GENERAL:
COMPANY shall not commence work under this agreement until it has obtained
all the insurance required under this agreement, and such insurance has been
approved by the CITY. COMPANY shall be responsible for delivering to CITY
the Certificate of Insurance for approval, COMPANY shall name the City of
Tamarac as and additional insured on the Liability Certificate of Insurance.
COMPANY's Certificate of Insurance must be attached and included in this
agreement as Exhibit "B". All insurance policies shall be issued by companies
duly licensed to write business insurance policies in the State of Florida and
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rated A-VII or better by A.M. Best's Key Rating Guide. Further, CITY shall be
named as an additional insured on all insurance policies (except Worker's
Compensation). Certificates of each policy, together with a statement by the
issuing company to the extent that the said policy shall not be canceled without
thirty (30) days prior written notice received by CITY, and shall be delivered to
CITY for review and approval. Insurance coverage specified herein constitutes
the minimum requirements and said requirements shall in no way lessen or limit
the liability of COMPANY under the terms of this agreement. COMPANY shall
procure and maintain, at its own cost and expense, any additional kinds and
amounts of insurance that, in its own judgment, may be necessary for proper
protection in the completion of its work.
COMPANY shall be responsible for, and shall obtain and file insurance
certificates on behalf of all its subcontractors. All certificates of insurance shall
be filed with CITY.
ALL INSURANCE COMPANIES PROVIDED SHOULD:
Be rated at least A-VII per A.M. Best's Key Rating Guide.
Be licensed to do business in Florida.
All policies provided should be occurrence not Claims -made forms.
The COMPANY shall name the CITY as an additional insured on all
Comprehensive General Liability insurance policies.
COMPANY shall require insurance companies providing coverage to give CITY
thirty (30) days written notice of its intent to cancel or terminate policy.
COMPANY's insurance shall be primary.
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ARTICLE 11
LOCAL AGENT FOR INSURANCE AND BONDING
11.1 The insurance and bonding companies with whom COMPANY'S insurance and
performance bonds are written shall be licensed to do business in the State of
Florida and shall be represented by an agent or agents having an office located
in the State of Florida. The name of the agent or agents shall be set forth on all
such bonds and certificates on insurance. COMPANY shall keep the required
insurance in full force and effect at all times during the term of this agreement,
and any renewal thereof.
11.2 COMPANY shall furnish to CITY a Certificate of Insurance in a form and
amount approved by CITY'S Risk Manager, evidencing COMPANY has
obtained the required insurance coverage. At the request of CITY the original
policy shall be provided for inspection. All policies must provide that they may
not be changed or canceled by the insurer in less than thirty (30) days after
CITY has received written notice of such change or cancellation. Such
insurance amounts may be reviewed upward at CITY's request, and
COMPANY shall revise such amounts within thirty (30) days after receipt of
such request.
/G1SHI[a]IaK
NO CONTINGENT FEE
12.1 COMPANY warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for COMPANY to solicit
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or secure this agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee
working solely for COMPANY any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
agreement. For the breach or violation of this provision, CITY shall have the
right to terminate the agreement without liability at its discretion to deduct from
the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.
ARTICLE 13
MISCELLANEOUS
13.1 VENUE: This agreement shall be governed by the laws of the State of
Florida as now and hereafter in force. The venue for actions arising out of this
Agreement is fixed in Broward County, Florida.
13.2 TIME IS OF THE ESSENCE: Time shall be deemed to be of the essence
concerning this Agreement whenever time limits are imposed herein for the
performance on any obligations by any parties hereto, or whenever the accrual
of any rights to either of the parties hereto depends on the passage of time.
13.3 RIGHT TO REQUIRE PERFORMANCE: The failure of CITY, at any time,
to require performance by COMPANY of any provisions herein shall in no way
affect the rights of CITY hereafter to enforce the same. Nor shall waiver by
CITY of any breach of any provisions herein be taken or held to be taken or
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held to be a waiver of any succeeding breach of such provisions or as a waiver
of any provision itself.
13.4 UNENFORCEABLE PROVISIONS: If any provision of this Agreement shall
be declared illegal, void or unenforceable, the other provisions shall not be
affected and shall remain in force and effect.
13.5 FORCE MAJEURE: Neither COMPANY or CITY shall be liable for the
failure to perform its duties if such failure is caused by a riot, war, government
order or regulation, strike, act of God, or other similar or different contingency
beyond the reasonable control of COMPANY.
13.6 APPROVAL BY THE COMMISSION: This agreement shall not be
considered fully executed or binding or effective on CITY until the same shall
be approved and accepted by the City Commission of the City of Tamarac in an
open meeting as required by law and executed by the COMPANY and CITY.
After such approval and acceptance, CITY shall deliver to COMPANY a
certified copy of the Resolution as evidence of the authority of the person
authorized to bind CITY to the terms, covenants and provisions of this
agreement and to perform the same in accordance herewith.
CITY or COMPANY may request changes that would increase, decrease, or
otherwise modify the services to be provided under this agreement. Such
changes must be in accordance with the provisions of the Tamarac City Code,
must be contained in a written amendment executed by the parties thereto, with
the same formality and of equal dignity prior to any deviation from the terms of
this agreement, including the initiation of any extra work.
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13.7 COMPLIANCE WITH LAWS: COMPANY, its officers, agents, employees,
and contractors, shall abide by and comply with all laws, federal, state and
local. It is agreed and understood that, if CITY calls the attention of COMPANY
to any such violations on the part of COMPANY, its officers, agents,
employees, or subcontractors, then COMPANY shall immediately desist from
and correct such violation.
13.8 RIGHT TO PERIODIC REVIEWS: CITY shall have the right to conduct
periodic public meetings, to review and consider the performance of
COMPANY regarding its compliance with the material terms of the agreement,
any amendments desired by COMPANY, the need for any future new services,
and potential amendments to the franchise reflecting service requirement
changes based on advancements in technology or demonstrated community
needs. An agent of COMPANY shall be available to attend all public meetings
upon reasonable notice by CITY for concerns associated with the Agreement.
13.9 CHANGES IN LAW: Should the State of Florida, City, County, United
States or Federal agency, or any State or Federal Court, or any agency thereof
require either Broward County, City of Tamarac, or COMPANY to act in a
manner which affects or is inconsistent with any provisions of the agreement
documents, CITY shall be authorized to determine whether a material provision
of the agreement documents is affected in relation to the rights and benefits
conferred by the agreement documents upon CITY or the public. Upon such
determination, CITY and COMPANY shall negotiate in good faith to modify or
amend the agreement to such extent as may be necessary to carry out the full
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intent and purposes thereof in relation to the rights and benefits of CITY, or the
public.
13.10 EFFECTIVE DATE: This agreement shall be effective upon the
execution of this agreement and performance of this agreement shall begin on
the commencement date set forth herein.
13.11 LICENSE AND TAXES: COMPANY shall obtain all licenses and permits
(other that the license and permit granted by COMPANY) and promptly pay all
taxes required by CITY.
13.12 PARAGRAPH HEADINGS: The section in paragraph headings contained
herein are of convenience and reference and are not intended to define or limit
the scope of any provision of this agreement.
13.13 ENTIRE CONTRACT: This agreement constitutes the entire agreement
and understanding between the parties relating to the subject matter, and it
shall not be modified, altered, changed, or amended in any respect unless done
so in writing and approved by the City Commission of the City of Tamarac,
Florida.
13.14 DRAFTING: This agreement has been negotiated and drafted by all parties
hereto and shall not be more strictly construed against any party because of
such parties' preparation of this agreement.
13.15 BANKRUPTCY: This agreement shall terminate in the case of bankruptcy
(voluntary or involuntary) or insolvency of COMPANY. In the case of
bankruptcy, such termination shall take effect on the day and at the time that
the bankruptcy action is filed.
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13.16 NOTICES: 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 NW 88th Avenue
Tamarac, FL 33321-2401
954-724-1230
With a copy to:
City Attorney
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321-2401
954-724-1240
COMPANY:
Mr. John Jacobs, President
of South Florida Division
Eller Media Company
5800 NW 77 Court
Miami, FL 33166
305-592-6250
13.17 ENFORCEMENT: The legal fees and other expenses of the prevailing party
to any litigation or dispute arising out of this agreement shall be paid by the
other party.
13.18 NON-DISCRIMINATION: COMPANY, in the execution, performance, or
attempted performance of this agreement, shall not discriminate against any
person or persons because of sex, race, religion, color, or national origin,
handicap or marital status COMPANY'S employees, applicants for employment
(as provided in Title VI of the 1964 Civil Rights Act, the Florida Human Rights
Act of 1977, and the American Disabilities Act of 1992), understand and agree
that this agreement is conditioned upon the veracity of this Statement of
Assurance. COMPANY herein assures CITY that said COMPANY will comply
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/_1CiIIs] I:iM
TERMINATION
15.1 Upon thirty (30) days written notice CITY shall have the right to cancel this
agreement for cause or at CITY's option to effect immediate compliance with
the contract on the part of the COMPANY. In the event the CITY elects to
effect compliance with the contract, then any costs or expenses incurred by
CITY to effect compliance shall be paid within ten (10) days of written notice
thereof to COMPANY. Non-payment of any cost and expense if charged shall
be deemed a material breach. CITY shall be paid through the date of
termination.
ARTICLE 16
16.1 This agreement is retroactive to January 1, 2001, and shall expire one year
from date of execution by the CITY. In the event this contract is not renewed at
the end of its term, COMPANY shall have ninety (90) days within which to
either remove the existing bus shelters or make other arrangements for other
disposition which other arrangements must meet with the approval of CITY.
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ARTICLE 17
MERGER; AMENDMENT
17.1 This agreement constitutes the entire Agreement between the COMPANY and
the CITY, and negotiations and oral understandings between the parties are
merged herein. This Agreement may be supplemented and/or amended only
by a written document executed by both the COMPANY and the CITY.
IN WITNESS WHEREOF, the parties have made and executed on the respective
dates under each signature. CITY OF Tamarac, through its Mayor and Eller Media
Company signing by and through its President/GM of the South Florida Division John
Jacobs, duly authorized to execute same.
ATTEST
Marion Swen on, CIVIC
City Clerk
Date:
App V4d as to form and
tch
Date: � /N V
CITY OF TAMARAC
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BY: (L e4�"" r
Schreiber, Mayor
Date:
BY:
Jeff r er, City Manager
• Y g
Date: 5-15-d I
AGREEMENT BETWEEN THE CITY OF TAMARAC AND ELLER MEDIA
COMPANY FOR ERECTING AND MAINTAINING BUS STOP SHELTERS
WITHIN THE CITY OF TAMARAC, FLORIDA.
ELLER MEDIA COMPANY
ELLER EDI PANY
Wn Jacobs
M of South
sion
(CORPORATE SEAL)
STATE OF FLORIDA )
)SS.:
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, this day personally appeared John
Jacobs, President/GM, South Florida Division of Eller Media Company, and
acknowledged to me and before me that he executed the foregoing contract for
the uses and purpose therein expressed with due authority in that behalf.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this
,Ind day of , 2001.
Notary Public, Stao of Florida at Large
Personally known to me
Produced identification, Type:
Seal:
23
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NWA,RY PUBLIC STATE OF Fi.OR110) a
COMMISSION NO. CC9&1548
MY COMMISSION EXP. NOV. 13,2004
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Exhibit A
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A_EQRD,. CERTIFICATE OF
LIABILITY INSURANCE DA,E (MM2001)
03/25/2001
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
SANDER & ALTGELT
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
750 EAST MULBERRY, SUITE 500
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
5AN ANTONIO, TX 78212
210-7346677/210-734-6771
INSURERS AFFORDING COVERAGE
INSURED
INSURER A: LUMBERMENS MUTUAL CASUALTY CO.
CLEAR CHANNEL HOLDINGS, INC.
INSURER B:
ELLER MEDIA COMPANY
INSURER C:
200 EAST BASSE ROAD
INSURER D:
SAN ANTONIO TX 78209
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN
LTR.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE M D
PRATE EXPIRATION
DATE M
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
1 000 000
FIRE DAMAGE (Any os fir
500 000
A
X COMMERCIAL GENERAL LIABILITY
5AA 045 835 00
04/ i0/ 01
04/ 10/ 02
MED EXP (Any M2 Dorpon)10,000
CLAIMS MADE XJ OCCUR
PERSONAL 6 ADV INVRY
11,000,00
GENERAL AGGREGATE
$ 2,000,000
GENL AGGREGATE LIMIT APPLIES PER:
POLICY 7 PR LOC
PRODUCTS - COMPIOP AGO
4 2,000,000
AUTOMOBILE
LIABILITY
A
ANY AUTO
F50 047 687 00
04/ 10/ 01
04/10/02
COMBINED SINGLE LIMIT
(Ea accident)
i 1 r�rD00
X
BODILY INJURY
(Per peraon)
i
ALL OWNED AUTOS
SCHEDULED ALTOS
X
BODILY INJURY
(Per accident)
S
HIRED AUTOS
NON -OWNED AUTOS
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIASKM
AUTO ONLY - EA A IDENT
OTHER THAN EA ACC
S
ANY AUTO
AUTO ONLY: AGG
EXCESS LIABLITY
EACH OCCURRENCE
AGGREGATE
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
=
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
SBA 160 006 00
04110/ 01
04/ 10/ 02
1 W STATLI TH
T LIM X
E.L. EACH ACCIDENT
1,000,000
E.L. DISEASE - EA EMPLOYEE-
I 1 000 000
E.L. DISEASE - POLICY LIMIT
$ 1 000 000
OTHER
DESCRIPTION OF OPERATK)N84=ATION&YE)iK LES=CLUSIONS ADDED BY ENDORSEMENTMECIAL PROVISIONS
003792007 RE: MIGUEL MARTINEZ, CERT. SPECIALTY ELECTRICAL CONTRACTOR,
ST. OF FL. LIC. #00000079. WILLIAM G. HULL, CERT. ELECTRICAL
CONTRACTOR, ST. OF FL. LIC. #EC0001352. CERTIFICATE HOLDER IS NAMED AS
ADDITIONAL INSURED ATIMA WITH ONLY RESPECTS TO INSUREDS OPERATIONS.
CERTIFICATE HOLDER ADDRIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRIATKIN
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITM
NOTICE TO THE CERTiFlCATE HOLDER NAMED TO THE LEFT, BUT FALURE TO 00 SO SHALL
CITY OF TAMARAC
ATTN: BUILDING DEPT.
7525 N.W. 88TH AVENUE
IMPOSE NO OBLIGATNA OR WBILITY OF ANY 1(JI P4WON THE INSURER, 93 AGENTS OR
ACORD 25•S (7/97) ACORD CORPORATION 1988