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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-090s 2 3 f 351 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 SECTION 2: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. 6 3 s ]; 3SI 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 ._ 11 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. I''7 ERECTING AND MAINTAINING BUS BENCHES WITHIN THE CITY OF TAMARAC, FLORIDA ,, w n -LSO 0 1`(- /2--[ 0 ,, 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. 2 ";C.. 5.2 16 1' 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 3 ,qp_9,-90Of (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 4 • 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 5 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, H. 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 7 it tjZ_q;�_-9® 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 0 �r 11 g -9 02 .J 0 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. It JE 02 - 7 O 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: `n 11 " 1,k _5.2,50 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. 11 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: �- k MITCHtLL S. KF CITY ATTORNEY 0 03110 CITY OF T C By: Hk. BENDEA,MAYOR On thiQ _-Jay of, ,_A992. JOF,�N P. KELLY, CITY MgfNAjGER On this_ day of _ 1992 12 9 ,1 0 r + _[O,, l' � r d`)G. 7 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. 13 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. • 14 It P -�,- ?6 r/ 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