HomeMy WebLinkAboutCity of Tamarac Resolution R-92-090s
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Temp. Reso. # Co��
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-92- 1�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA APPROVING AN AGREEMENT BETWEEN THE
CITY OF TAMARAC AND BENCH ADS OF TAMARAC, INC. FOR
BUS BENCHES; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tamarac,
Florida believes that it is in the best interests of the
citizens and residents of the City of Tamarac to provide many
services and conveniences; and
WHEREAS, the City Council is desirous of entering into a non-
exclusive agreement for the placement and maintenance of bus
benches throughout the City..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate city officials are hereby
authorized to execute an Agreement with Bench Ads of Tamarac, Inc.
for installing and maintaining bus benches within the City of
Tamarac, a copy of the Agreement is attached hereto as "Exhibit A"
and made a part hereof.
SECTION 2: All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTION I-, 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 4: This Resolution shall become effective
immediately upon its passage and adoption.
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b� Temp. Reso. # � 2
PASSED, ADOPTED AND APPROVED this �g clay of 1992.
fe .
.L. BENDER
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MITCHELL SIKRW
CITY ATTORNEY
BenchAds
RECORD OF COUNCIL. VOTE
MAYOR E C R
DISTRICT 1 : � C/M KAT �_,_
DIS 1 i-ilw"r 2: VIM C5 ,HUMANN
DISTRICT 3: �ci'M .. C,�HREIBER
DISTRICT 4: C/M ABRAMOWITZ ._
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Rev. 04/29/92
Rev. 05/01 /92
Rev. 05/20/92
Rev. 05/21 /92
Rev. 05/22/92
Rev. 05/28/92
U
AGREEMENT BETWEEN
CITY OF TAMARAC
Ili E
BENCH ADS OF TAMARAC, INC.
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ERECTING AND MAINTAINING
BUS BENCHES
WITHIN THE CITY OF TAMARAC, FLORIDA
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AGREEMENT BETWEEN
• 1 CITY OF TAMARAC
AND
BENCH ADS OF TAMARAC, INC.
FCR
ERECTING AND MAINTAINING
BUS BENCHES
WITHIN THE CITY OF TAMARAC, FLORIDA
This is an Agreement between the CITY OF TAMARAC, a Florida Municipal
Corporation, (hereinafter "CITY") and BENCH ADS OF TAMARAC, INC., a Florida
corporation, its successors and assigns, (hereinafter "COMPANY")
WHEREAS, CITY has determined that benches placed for the convenience and
accommodation of the general traveling public provide a public service.
WITNESSETH
In consideration of the mutual terms and conditions, promises, covenants and
payments hereinafter set forth CITY and COMPANY agree as follows:
For the purpose of this Agreement and the various covenants, conditions, terms
and provisions which follow, the DEFINITIONS AND IDENTIFICATIONS set forth below are
assumed to be true and correct and are agreed upon by the parties.
1.1 BU,$ QENCH: A long seat designed for seating two or more persons, which is
placed along a regular transit bus route, or at or near designated transit bus
stops but may be installed at other locations as specified herein.
1.2 QQ. PANY: BENCH ADS OF TAMARAC, INC. is the company selected to
perform the services pursuant to the Agreement.
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0 1.3 QD.NTRACT ADMINISTRATOR: Whenever the term Contract Administrator
is used herein it is intended to mean the CITY MANAGER or his DESIGNEE
in the administration of this contract, as contrasted with matters of
policy, all parties may rely upon instructions or determinations made by
the Contract Administrator.
1.4 CQUUQIL: The City Council of the City of Tamarac, Florida, which is the
governing body of the Tamarac government created by its Charter.
1 . CITY and COMPANY agree that COMPANY shall erect and maintain a total of
one hundred forty (140) bus benches to be placed at certain designated locations,
more particularly shown on CITY map marked as Exhibit "A", attached hereto and
made part hereof this Agreement. Bus benches shall be placed, maintained and
relocated as required by CITY. COMPANY'S obligation to place bus benches at the
direction of CITY is limited to seventy-five (75) locations in 1992, and an additional
thirty-seven (37) locations in 1993. Up to thirty-two (32) of the total one hundred
twelve (112) bus benches need not be located at bus stops. In addition, up to twenty-
five (25) bus benches without advertising will be placed in CITY upon the request of
the Contract Administrator. If any benches are not located at a bus stop, benches shall
be lettered "Not a Bus Stop" at company's expense.
2. COMPANY may display advertising upon bus benches. However, such
advertising shall not be for political advertising, alcoholic beverages or be of an
immoral nature or be otherwise objectionable in the judgment of CITY. Prior to
placement of the advertising, COMPANY shall submit a photography artist's rendering,
or written description of the advertisement to CITY. If, in CITY's sole discretion, the
advertising is deemed to be objectionable it shall be removed upon written request of
CITY within forty-eight (48) hours of notice. CITY shall not be unreasonable in the
exercise of this judgment. If the advertisement is not removed within forty-eight
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(48) hours of notice, CITY may remove the advertisement and all attendant costs will
be paid by COMPANY. Notice for this section may be accomplished by hand -delivery of
said request to COMPANY at its place of business indicated herein.
3. Benches that are installed adjacent to public carrier stops shall only be
installed at public carrier stops without bus shelters and only with the express
approval (including where appropriate: site plan approval) of CITY and, as
appropriate, the Broward County Mass Transit Division (hereinafter "COUNTY"),
Florida Department of Transportation (hereinafter "FDOT"), or Broward County
Engineering Department. All bus benches shall be erected in accordance with all
provisions of Federal, State and local laws and regulations, including but not limited
to Florida Statutes 337.407 and 337.408, as amended, and Florida Administrative
Code 14-20, as amended, and the South Florida Building Code.
4. For the privilege granted in this Agreement, COMPANY shall pay CITY,
upon execution of this Agreement FIVE THOUSAND DOLLARS ($5,000.00).
A request by either party to increase the number of benches with
advertising shall be grounds for amendment of the terms of this Agreement.
Thereafter on the first working day of January of each year, COMPANY
shall pay to CITY a sum of FIVE THOUSAND DOLLARS ($5,000.00).
On the first working day of January of each year, COMPANY shall submit a
report to the Contract Administrator stating the total number of bus benches in place
on December 15 of the prior year and provide the following information for each bus
bench: (a) bus bench number; (b) bus bench location; (c) name of business on
abutting property; (d) name of advertiser on the bus bench; and (e) a photograph or
artist's rendering or written description of the advertisement.
5. Specifications, All bus benches shall be built in accordance with
specifications attached hereto as Exhibit "B". Any variation from the specifications
contained in Exhibit "B" must be approved by both CITY and COMPANY. All bus
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benches shall meet the criteria for handicapped access as set out in Federal, State and
local law, including but not limited to Florida Statute Section 337.408, as amended.
COMPANY shall be responsible for applying for and obtaining all necessary permits
and paying all fees for all bus benches. COMPANY shall be responsible for requesting
and passing all necessary inspections.
6 • Maintenance of Bus Bgaghes. All bus benches must be cleaned regularly
and when needed, and must be maintained in good repair in a safe and sightly condition,
including but not limited to the replacement of all cracked, splintered or decayed
wood, at COMPANY's expense. The CITY's decision as to the state of repair and
condition shall be conclusive. COMPANY shall inspect each bus bench periodically to
ensure full compliance with the provisions of this section.
7 • Cleaning Around QUE Benches. COMPANY shall regularly, and when
needed, remove trash and other debris from around each bus shelter at COMPANY's
expense. Contract Administrator's decision as to the need for trash and debris
removal shall be conclusive. COMPANY shall inspect each bus bench location
periodically to ensure full compliance with the provisions of this section.
8 CITY may at its option maintain or
clean benches when COMPANY fails to clean or maintain, within seven (7) days of
receiving notice. All costs of cleaning or maintaining shall be paid by COMPANY.
9 CITY shall have no liability or
responsibility for any destruction, damage or mistreatment of bus benches.
10. No bus bench installed on the streets or
sidewalks of City shall be removed by COMPANY during the terms of this Agreement
except with the consent of CITY. CITY may, for reasonable cause, order COMPANY to
remove any bus bench including removal of bench should a shelter be installed at the
same location. When CITY orders the bus bench removed, COMPANY shall remove it
within thirty (30) days at COMPANY's own expense. If COMPANY. fails to remove the
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bus bench and foundation, if any, within thirty (30) days, CITY may order its
removal and destroy or sell it at CITY's discretion, and may bill COMPANY for the
removal or destruction in a sum not in excess of Five Hundred Dollars ($500.00) per
bus bench.
1 1 . Location of Bus Benches. All bus benches shall be placed in
accordance with the provisions of Federal, State and local law, including but not
limited to Florida Administrative Code Chapter 14-20, as amended and Florida Statute
Sections 337.407 and 337.408, as amended. In addition, the location of bus benches
shall be subject to the written approval of the appropriate governmental agencies,
including FDOT, Broward County and the City of Tamarac. Contract Administrator
shall have final discretion and authority regarding the placement or removal of all
benches.
12. 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 and 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.
13 • Tr_ansfgf or Assignment. The rights arising under this Agreement
may not be sold, transferred, assigned or otherwise disposed of, without the prior
written consent of CITY. CITY may grant or deny any request as it deems in the public
interest. CITY may impose conditions on any transfer or assignment it deems to be in
the public interest. The rights granted under this contract shall be a privilege to be
held by COMPANY for the benefit of the public.
14. Indemnity and Insurance, COMPANY shall indemnify City, its officers,
agents and employees, from any actions, including costs of defense, arising from the
rights granted by this contract including but not limited to the placement,
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construction or maintenance of the bus benches on the streets and sidewalks in the
City of Tamarac. Upon demand COMPANY shall, at its own expense, defend CITY, its
officers, agents and employees, against all actions.
COMPANY shall obtain and maintain in full force and effect during the
term of this contract, Workers' 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 them for failure of either COMPANY or any
subcontractor to take out or maintain such insurance.
COMPANY shall take out and maintain during the life of this contract, a
Comprehensive General Liability Insurance policy, naming as additional insured CITY,
its officers, agents, and employees. This policy shall include but not be limited to all
of the following coverage:
GENERAL LIABILITY:
Comprehensive
Premises - Operations
Explosions and Collapse Hazard
Underground Hazard
Products/Completed Operations Hazard
Broad Form Property Damage
Independent Contractors
Personal Injury
Cross Liability and Severability of
Interest Clause
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AUTOMOBILE LIABILITY:
Comprehensive Term
Owner
Hired
Non -Owned
COMPANY shall either (a) require each subcontractor to procure and
maintain during the life of the subcontract insurance of the type and in the same
amounts as specified herein, or (b) insure the activities of subcontractors in its own
policy.
LIABILITY LIMITS:
The limits of liability shall be in the following minimum amounts:
C-o-m-RLebensive Genpral, other than yg�icle:
Injury or death of any one person:
$1,000,000
Injury or death of more than one
person in any one occurrence:
$1, 0 0 0, 0 0 0
Prol2eM Damage:
Each occurrence:
$ 50,000
Aggregate operations:
$ 100,000
Aggregate protective:
$ 100,000
Aggregate contractual:
$ 100,000
Neither COMPANY nor any subcontractor shall commence work under this
contract until they have obtained all insurance required under this Section and have
supplied CITY with evidence of such coverage in the form of the Certificate of Insurance
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and endorsement. Such Certificate and endorsements must be approved by CITY's Risk
Manager.
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 COMPANEEPROVIDEDSLIQULD:
Be rated at least A+VII per Best's Keys Rating Guide.
Be licensed to do business in Florida.
All policies provided should be Occurrence not Claims -Made forms.
COMPANY shall name CITY as an insured on all Comprehensive General Liability
insurance policies, auto policies and property policies, not as an additional
insured. Endorsements specifying all coverages shall be included.
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.
15. Termination_ This Agreement may be terminated by CITY or COMPANY
for just cause upon thirty (30) days written notice by the terminating party to the
other party of such termination. Just cause shall include but not be limited to
COMPANY neglecting or failing to perform or observe any of the terms, provisions,
conditions or requirements herein. In the event that COMPANY abandons this
Agreement or causes it to be terminated, it shall indemnify CITY against loss
pertaining to this termination. Should termination occur, COMPANY shall have thirty
(30) days to remove all bus benches and to return all placement sites to original
condition. If COMPANY fails to remove any bus bench or return any site to original
condition, CITY may do so and COMPANY shall reimburse CITY for all expenses upon
notice.
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16. Term. The term of this Agreement is from date of execution to 2002. 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 benches or make
other arrangements for their disposition which other arrangements must meet with
the approval of CITY.
17. Merger: AmeDdMent, This Agreement constitutes the entire
Agreement between COMPANY and 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 COMPANY and CITY.
18. Waiver Qf 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. Also, the nonenforcement 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.
19. Notices, Whenever either party desires to give notice unto any
other party, it must be given by written notice, sent by certified United States mail,
with return receipt requested, addressed to the party for whom it is intended, at the
places last specified, and the places for giving of notice shall remain such until they
shall have been changed by written notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following as the respective
places for giving of notice to -wit:
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City Manager
- City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321
With a copy to the City Attorney
7525 N.W. 88th Avenue
Tamarac, Florida 33321
Eric Nadel, President
Bench Ads of Tamarac, Inc.
950 N.E. 40th Court
Oakland Park, FL 33334
20. paragral2h Hg dings. The sections and paragraph headings contained
herein are for convenience in reference and are not intended to define or limit the
scope of any provision of the Contract.
21 • In the event that this contract is the subject of
litigation between COMPANY and CITY, the parties hereto agree that this contract shall
be construed according to the laws of the State of Florida and venue of such litigation
shall be in Broward County.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature: CITY OF TAMARAC through its CITY
COUNCIL, signing by and through its Mayor, authorized to execute same by Council
action on the �_ day of 1992; and, BENCH ADS OF
TAMARAC, INC., signing by and through ._ r \_C_._ _ly 01-d , duly authorized to
execute same.
q P: KELLY,
MANAGER
ATTEST:
CAROL A. EVANS,
CITY CLERK
APP�OVED AS TO FORM A14D
LEGAL SUFFICIE Y:
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MITCHtLL S. KF
CITY ATTORNEY
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CITY OF T C
By:
Hk. BENDEA,MAYOR
On thiQ _-Jay of, ,_A992.
JOF,�N P. KELLY, CITY MgfNAjGER
On this_ day of _ 1992
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AGREEMENT BETWEEN CITY OF TAMARAC AND BENCH ADS OF TAMARAC, INC. FOR
ERECTING AND MAINTAINING
BUS BENCHES WITHIN THE CITY OF TAMARAC, FLORIDA.
BENCH AS QEjAM6B6C, INC.
ATTEST: BENCH ADS OF TAMARAC, INC.
By.
Secretary PRESIDENT
CC) C- LjacteA
(Please type name of
Secretary)
(CORPORATE SEAL)
STATE OF FLORIDA :
SS
COUN Y OF
n_day of 1992
Before me personally appeared_f L_C �fJ , to me well
known and known to me to be the person described in and who executed the foregoing
instrument, and acknowledged to and before me that he/she executed said instrument
for the purposes therein expressed.
WITNESS my hand and official seal, this _ day of
1992.
My commission Expires:
Notary Public, State of
Florida at Large
__ �I I-'e�
(Print or type name of _
Notary)
VUdLIG, STATE OF F'LOR; ;.
I �.icaN115SION EXPIRES: JUNE A, >ggj,
e -.._CV TMAU NPTAAY PUBLIC UNUERWRITERS�
Personally known:.,_._,_,._ Produced Identification:
• I DID take an oath, or DID NOT take an oath.
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AGREEMENT BETWEEN CITY OF TAMARAC
AND
BENCH ADS OF TAMARAC, INC.
FOR ERECTING AND MAINTAINING
BUS BENCHES WITHIN THE CITY OF TAMARAC, FLORIDA
All benches within the' corporate limits of the City, as provided for herein, shall
be governed by the following criteria:
a No bench shall be more than forty-three (43) inches high nor more than
seventy-four (74) inches long nor more than twenty-eight (28) inches wide.
b. No advertising affixed thereon shall appear other than on the front or
rear surface of the backrest area of the bench and shall not be greater than six (6) feet
in Length nor two (2) feet in height.
C. No bench shall be placed adjacent to any bus shelter.
d. All benches will be placed with the length dimension within thirty degrees
(309) or parallel to adjacent street.
Should any bench fail to conform to the above criteria or should a property owner
object to the presence of a bench abutting his property then the City may order the
removal of such bench and, that failing, may remove same at the expense of BENCH ADS
OF TAMARAC, INC.
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EXHIBIT "A"
Exhibit "A" is a large plan which is to large to copy and is
on file in the City Clerk's office.
is