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HomeMy WebLinkAboutR-2021-087 Insite Martin Outdoor Extension of Agreement for Installation of Bus Benches with SignageRESOLUTION NO.2021-087 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO SECTION 337.408, FLORIDA STATUTES, AUTHORIZING A ONE YEAR EXTENSION OF THE AGREEMENT WITH CONTRACTOR, INSITE MARTIN OUTDOOR, LLC, FOR THE INSTALLATION OF CERTAIN BUS BENCHES, WITH SIGNAGE, EFFECTIVE RETROACTIVELY TO JUNE 1, 2021, AND EXPIRING MAY 31, 2022; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes Section 337.408 authorizes the installation of bus benches and advertising on them, without requiring a competitive procurement process; and WHEREAS, in 2020, the City of Dania Beach authorized a one year agreement with Insite Martin Outdoor, LLC, (Contractor) to authorize it to install bus benches throughout the City, in identified locations and to place advertising on the benches; in exchange the Contractor would maintain the benches, the landscaping around the benches, and ensure trash pick-up and provide the City with twenty percent (20%) of the gross advertising revenues, per unit, or a total of Seven Hundred Sixty Dollars ($760.00) per month, whichever is greater; and WHEREAS, Contractor will continue to perform routine maintenance of all benches, associated landscaping and trash collection for the bus benches that are installed; and WHEREAS, under the Agreement, Contractor is provided two, one-year extension options, and the Contractor is seeking to implement the first extension; and WHEREAS, pursuant to the Agreement, Contractor was required to pay the City an advance fee of Ten Thousand Dollars ($10,000.00) of such revenue in order to obtain the one year extension; pursuant to the Agreement, Contractor will keep track of payments owed to the City and such payments will be deducted from the advance payment until the Ten Thousand Dollars ($10,000.00) is reduced to zero, then once the Ten Thousand Dollars ($10,000.00) is exhausted, the specified payments will be made on a monthly basis; BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "WHEREAS" clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute an extension for one year to the agreement with Insite Martin Outdoor, LLC, a registered limited liability company in Florida, retroactive to June 1, 2021, which Extension is attached as Exhibit "A" and made a part of this Resolution by this reference. Section 3. That the City Manager and City Attorney are authorized to make minor revisions to such documents as are deemed necessary and proper for the best interests of the City. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 22, 2020. ATTESTA !HOMAV SCHNEIDER, CMC TAMARA JAM S CITY CLERK �e� MAYOR /SHEO�� APPROVEIa S TrIO FORM AND CO SS: CITY A 2 RESOLUTION #2021-087 ONE-YEAR EXTENSION OF AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND INSITE MARTIN OUTDOOR, LLC, A FLORIDA LIMITED LIABILITY COMPANY FOR THE INSTALLATION OF CERTAIN BUS BENCHES WITH SIGNAGE This is an Extension of an Agreement (the "Extension"), which Agreement is dated June 11, 2020 (the "Agreement") exists between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") and InSite Martin Outdoor, LLC a Florida limited liability company ("Contractor") with an address of 150 NW 70th Avenue, Suite 3, Plantation, Florida 33317. A copy of the existing Agreement is attached as Exhibit "A", which is made a part of and incorporated into this Extension by this reference. The City and Contractor wish to extend the Agreement retroactively to June 1, 2021, for a one (1) year period up to and including May 31, 2022. In consideration of the mutual covenants, terms and conditions contained in the Agreement and in this Extension of it, and for other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. That the existing Agreement that was executed on June 11, 2020, is renewed retroactively to June 1, 2021 and it shall remain in effect up to and including May 31, 2022. 2. That the terms and conditions of the Agreement will remain the same throughout the term of this Extension of it. 3. That in all other respects, the Agreement is ratified and reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Extension on 2021. CITY: ATTEST: THOMAS SCHNEIDER, CMC CITY CLERK APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation TAMARA JAMES MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER 3 RESOLUTION #2021-087 Signature PRINT Name CONTRACTOR: InSite Martin Outdoor, LLC a Florida Limited Liability Company Signature PRINT Name Signature TITLE PRINT Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, on as liability company, on behalf of the company My Commission Expires: , 2021, by of InSite Martin Outdoor, LLC, a Florida He/she is personally known to me or has produced _ as identification. NOTARY PUBLIC State of Florida limited 4 RESOLUTION #2021-087