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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 • 12 ROHR i. �...� .. i � �- . I'w �0 E 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 01 C� L' e-- 9 0 , 3 G • 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 3 (e__� 0 - 3O 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 4 UJ 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 1J e, 9 0 -30 . 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 7 •I 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 E:3 0 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 I * 10 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 11 n u •I •1 (�_to-3o 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. 14 0 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 0 U C1 g'qo"?)o 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 9 "bus.shelteragmt" s + � CALCULATION' 1NEET t 2 3 4 a 9 201 21 22 231 24 2S 77 t 28 29 301 31 32 W.3 i 34' 35 36 ORIGINATOR T Q Lf, �r ATEL, L+ -!ram CHECKED DATE I PROJECT --JOB Np, SVEJECT SHEET Np. xT10i f4c::� �V Cr'�QLL �j111 t'rt3 5ro1lS o" SZI PPa 12 i s ¢ N c a Pas -rS ... GL A_-,5 pj.4 a L i y P�-- � 14 �"c.c.ic • S�riv�F ��; ca32 ALtjMWVvj F►Bea . G�a7 r4L cl N r w„i v✓1 rr 5 +� 3/cam ��r<l 7P_C rl C CD r" sr;: c �. r%13 �Gu��.�✓i1 .ESSa-iiar�atl r Loaf v t� tip✓ I . � .- � � � �' RESO. # — R-90-30 — EXHIBIT B' Zfjcc - 'i7�iti'. . CALCULATION SHEET ORIGINATOR air.-t'ui=%' t 'iJyP� A� +1+: ++ GATE �. i.� _ � CHECKED � DATE / PRpjEC7 ..w,.�+. Fr I JOB Np. SIJSJECT • C7�.- C I'1, rf C iw,7 SHEET :110. � p 14. 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