HomeMy WebLinkAboutCity of Tamarac Resolution R-90-030Temp. Reso. #5680
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-90- �3 O
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH PUBLIC
ADVERTISING, INC., FOR ERECTING AND MAINTAINING
BUS SHELTERS WITHIN THE CITY OF TAMARAC; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an Agreement with Public
Advertising, Inc., for erecting and maintaining bus shelters
within the City of Tamarac, a copy of said agreement being
attached hereto as "Exhibit 1".
SECTION 2: This Resolution shall become effective upon
adoption. p
PASSED, ADOPTED AND APPROVED this ,7- day ofM4-��7
, 1990.
ATTEST:
CAROL . EVANS �
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
AL OF
INTERIM CITY ATTORNEY
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWI Z...__._. C
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AGREEMENT BETWEEN
CITY OF TAMARAC
AND
PUBLIC ADVERTISING INC.
FOR
ERECTING AND MAINTAINING
BUS STOP SHELTERS
WITHIN THE CITY OF TAMARAC, FLORIDA
AGREEMENT BETWEEN
CITY OF TAMARAC
PUBLIC ADVERTISING INC.
FOR
ERECTING AND MAINTAINING
BUS STOP SHELTERS
WITHIN THE CITY OF TAMARAC, FLORIDA
This is an Agreement between the CITY OF TAMARAC, a
Florida Municipal Corporation, (hereinafter "CITY") and
PUBLIC ADVERTISING, a Florida corporation, its successors and
assigns, (hereinafter "COMPANY")
W I T N E S S E T H:
WHEREAS, CITY and COMPANY entered into a five (5) year
agreement and addendum dated September 9, 1987 relating to
COMPANY'S rights to conduct bus shelter operation and
maintenance with accompanying advertising rights within the
City of Tamarac; and
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• WHEREAS, CITY and COMPANY mutually wish to rescind said
Agreement and Addendum so as to enter into a new agreement
between the parties relating to bus shelter construction,
maintenance , operation and advertising:
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 for this Agreement.
is 2. That the prior Bus Shelter Agreement and Addendum
dated September 9, 1987 and adopted by the CITY
pursuant to Resolution R--87-294 shall be null and
void from this date forward and be of no force or
effect upon CITY and COMPANY, their successors and
assigns. In addition, the CITY and COMPANY
expressly recognize that the CITY has revoked prior
Resolution R-89--281 through the adoption of
Resolution R-90- JO and the parties hereby
expressly waive any and all rights now and in the
future which may have been conferred by
0
Resolution R-87-281. Accordingly, it is agreed .
that no deviation from the terms hereof shall be
predicated upon any prior representations or
agreements whether oral or written. It is further
agreed that no modification, amendment or
alteration in the terms or conditions contained
herein shall be effective unless contained in a
written document executed with the same formality
and of equal dignity herewith.
3. The CITY and COMPANY agree that the COMPANY shall
erect and maintain bus shelters to be placed at
certain designated possible locations, more .
particularly shown on Exhibit "A", attached hereto
and made part of this Agreement. Bus shelters
shall be placed, maintained and relocated as
required by the CITY. The COMPANY'S obligation to
place bus shelters at the direction of the CITY is
limited to fifteen (15) new locations in 1990, an
additional fifteen (15) new locations in 1991 and
an additional five (5) new locations each year
thereafter for the years 1992 through 1995. The bus
shelters are designed for the convenience of those
using the buses in the City and shall be placed
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upon the 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 particu-
lar location, to the bus shelters authorized under
this contract.
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, as amended, of the Florida Statutes and
Chapter 14-20, as amended, of the Florida
Administrative Code.
4. For the privilege granted in this agreement,
COMPANY shall pay CITY, upon execution of this
agreement, $500.00 for each bus shelter currently
in place within the city.
Thereafter on the first working day of January
of each year, COMPANY shall pay to the CITY a sum
of $500.00 for each bus shelter installed and in
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place.
Whenever a new bus shelter is installed by
COMPANY, said $500.00 annual fee shall be
prorated for the number of full months remaining in
the calendar year prior to January 1.
Also on the first working day of January of
each year, COMPANY shall submit a report to the
Director of Finance stating the total number of bus
shelters in place on December 15 of the prior year
and providing the following information for each
bus shelter: (a) bus shelter number, (b) bus
shelter location, (c) name of business on abutting
property, and (d) name of advertiser on the bus
•
shelter. The fee required under this Section shall
be paid according to the number of bus shelters in
place on the fifteenth day of December for each
calendar year, whether or not there is advertising
on them.
5. All bus shelters shall be built in accordance with
specifications attached hereto as Exhibit "S". Any
variation from the specifications contained in
Exhibit "S" must be approved by both CITY and
COMPANY. All shelters shall meet the criteria for
5
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. handicapped access as set out in Florida Statute
Section 337.408, as amended. All shelters shall
contain a four (4) foot seating bench. 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 the South Florida
Building Code.
6. Maintenance of Bus Shelters. All bus shelters
. must be cleaned regularly and when needed, and must
be maintained in good repair in a 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 this
section.
7. Cleaning Around Bus Shelters. 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
140
6
removal shall be conclusive. COMPANY shall inspect
each bus shelter location periodically to ensure
full compliance with the provisions of this
section.
8. Removal of Bus Shelters. 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 to remove any bus shelter and its accom-
panying 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 per bus shelter.
9. Location of Bus Shelters. All bus shelters shall
be placed in accordance with the provisions of
Florida Administrative Code Chapters 14-20 as
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amended and Florida Statute Sections 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,
Sroward County and City of Tamarac.
1.0. 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,
including the initiation of any extra work.
11. Transfer or Assignment. 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 Council may
grant or deny any request as it deems in the public
interest. The Council may impose conditions on any
transfer or assignment as deems to be in the public
interest. Upon acceptance of this Agreement, the
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City Council acknowledges and consents to the
proposed merger and/or acquisition of Public
Advertising with and/or by Shelter Advertising of
America. Any other attempted disposition made
without the Council's consent shall be void. The
rights granted under this contract shall be a
privilege to be held by the COMPANY for the benefit
of the public.
12. Indemnity and Insurance. The COMPANY shall indem-
nify the City of Tamarac, 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 place- •
ment, construction or maintenance of the bus
shelters on the streets and sidewalks in the City
of Tamarac. Upon demand COMPANY shall, at its own
expense, defend the 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 con-
tract. COMPANY shall make this same requirement of
9 • I
P-90--3o
any of its subcontractors. COMPANY shall indemnify
and save CITY harmless from any damages resulting
to CITY them for failure of either COMPANY or any
subcontractor to take out or maintain such
insurance.
The COMPANY shall take out and maintain during
the life 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:
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
The 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 his own
policy.
LIABILITY LIMITS:
The limits of liability shall be in the following
minimum amounts:
Comprehensive General, other than vehicle:
Injury or death of any one person: $1,000,000
Injury or death of more than one
person in any one occurrence: $1,000,000
Property Damage:
Each occurrence: $ 50,000
Aggregate operations: $ 100,000
Aggregate protective: $ 100,000
Aggregate contractual: $ 100,000
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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 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 COMPANIES PROVIDED_SHOULD:
Be rated at least A+VII per 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 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 1,.50) days written
lie
12
notice of its intent to cancel or terminate policy.
COMPANY's insurance shall be primary.
13. Termination. Upon 90 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 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 as charged shall be deemed a material
breach. .
14. No Contingent Fee. 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 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
13
. 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.
15. Term. The term of this agreement is from date of
execution to 12/31/97. 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 their disposition which other
arrangements must meet with the approval of CITY.
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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 2, day of 1990; and,
PUBLIC ADVERTISING INC., signing by and through _P[/eECTo/� ,
duly authorized to execute same.
ATTEST:
7JUNP. PrKELLeY,iY MANAGER
ATTEST:
Sdt -�9- 2-
CAROL A. E ANS, CITY CLERK
APPROVED AS TO FORM AND
LnEU FFIC Y:
ALAN' F. R ,
INTERIM CI ATTORNEY
CITY
CITY F TAMARAC
By: �LR. k
NqRMAN ABRAMOWIT , MAYOR
On this�b day of 1990
JOIN P. KELLY; CIVY MANAGER
On this&day ofs7z 1990
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AGREEMENT BETWEEN CITY OF TAMARAC AND PUBLIC ADVERTISING INC.
RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING
IS IN PROGRESS
PUBLIC ADVERTISING INC
ATTEST:
Please type name of
Secretary)
(CORPORATE SEAL)
Public A ertising, Inc.
By :
S" ney A. Go7 d, irector
uthoriz d Re esentative of
Public A vertising
s day of 1990.
• STATE OF FLORIDA )
)
COUNTY OF
Before me personally appea red ��/ D N E -/ !� �� b •
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 executed
said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this "r- day of
1990.
Notary Public
State of Florida at Large
My commission expires:
nOTACY PUGLIC STATE OF FLORIGA
NY COUISS.ON EXF JUNE 2E,1991
BONDED IRRU GENERAL INS. UND.
16
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