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HomeMy WebLinkAboutR-1993-191 ,j ;ph4. i ; i j RESOLUTION NO. 1 91 -93 j A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN TyE CITY OF s DANIA AND PATRICK MEDIA GROUP, INC. RELATING TO BUS SHELTERS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That that certain agreement between the City of Dania and Patrick 3 Media Group, Inc. relating to bus shelters, copy of which is attached hereto as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby authorized to execute same. -; Section 2. That this resolution shall be in force and take effect immediately f upon its passage and adoption. PASSED and ADOPTED this23rd dayof November 11993. ATTEST: MAYOR - COMMISSIONER I CITY CLERK -AUDITOR APPROVED S!AS TO FORM AND CORRECTNESS Frank C. Adler, City Attorney e r,¢ Ca 7 AGREEMENT THIS AGREEMENT made and entered into this day of November, 1993, by and between CITY OF DANIA, A Florida municipal corporation, (hereinafter referred to as "CITY") and PATRICK MEDIA GROUP INC., a Florida corporation, (hereinafter referred to as "COMPANY") WITNESSETH WHEREAS, under the terms and conditions stated herein, the City of Dania desires to enter into the within agreement with Company for the installation, repair and maintenance of shelters at bus stops and other locations throughout the City. WHEREAS, the parties wish to reduce their various understandings, covenants and agreements to writing; NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and considerations contained herein, City and Company hereby agree as , follows: I GRANT OF RIGHT The City hereby grants the Company the exclusive right to construct, erect, install, repair and maintain shelters at bus stops and other locations throughout the „ > City, subject to the City and Company mutually agreeing to each said location. The right is intended to include both existing bus stop locations and those created by the City or by the Broward County Transit within the corporate limits of the City or on land owned by the City within Broward County, Florida, at any time during the term of the 5 1 contract. Moreover, such right shall pertain to and include all bus stop locations within the City, whether on land owned or leased by the City, on land over which the City has EXHIBIT "A" obtained easement or use rights, or at other locations approved by State Statute. The kk �,b7 i City shall not be required to grant permission to construct, erect or install bus shelters i` on a utility easement until additional easement(s) is obtained from the property owner to allow sufficient access for utility maintenance as determined by the City. However, where the right to erect shelters is governed by County or State regulations with reference to right of way considerations outside the jurisdiction of the City, the Company shall be solely responsible for obtaining any and all clearances required for placement of shelters at such locations other than locations on a state road in which event the City, by law, shall be the responsible party for obtaining required state permits; all costs associated with the state permits shall be the responsibility of the j Company. II j FEES PAYABLE TO CITY The Company agrees that in consideration of the right granted for the use of City property, and other specific property uses allowed by the City, to make the following payments to the City: Year one of the contract: Company will pay a guaranteed fee of $400.00 for each shelter location that is approved by the City. Payment will be within 120 days of an approval of the location(s). Year two of the contract: The Company will pay the City $450.00 per unit. This payment will be due and payable exactly one year from the first payment date. Year three of the contract: The Company will pay the City $500.00 per unit with 1 payment terms being the same as year two. Year four of the contract: The Company will pay the City $550.00 per unit with payment terms the same. Year five of the contract: The Company will pay the City $600.00 per unit with payment terms the same. The Company will pay a one time signing bonus of $7,500.00 to the City. This bonus will be paid upon signing of the contract. EXHIBIT "A" = i �✓ If the contract is extended prior to 180 days of the first five year period ending, the Company will increase the per unit fee into years six through ten by 5% per year and pay a one time extension fee of $15,000.00. This fee will be paid the same date that the contract is officially extended by the City. omptly submitted to the City of Dania Finance Director All payments shall be pr and shall designate the particulars of the payment. This includes a list of current shelter locations related to the said payment. I Any unpaid balance of fees not paid when due shall bear an interest charge of twelve 02%) per annum until paid. III DUTIES AND OBLIGATIONS OF COMPANY i The Company agrees to comply with all terms and conditions as set forth in this contract and will undertake each of the following at its sole expense with respect to the erection of shelters at various bus stop and other locations throughout the City of jI I Dania: i (a) LICENSING: The Company shall be a qualified building or general tate of Florida, Broward County. Copies of all licenses and contractor licensed in the S insurance will be provided to the City by the Company. f (b) PERMITS: One (1) building permit and one (1) electrical permit, issued by i i the Dania Building Department, shall be required for each shelter installed. Two copies j of structural electrical and site plans shall be submitted with each application. (c) TECHNICAL CODES: Company agrees to erect shelters in conformance with the South Florida Building Code and other applicable technical codes and to use f the types of materials in accordance with the plans and specifications set forth in ` SCHEDULE I attached hereto and made a part of this contract. (d) INSP�ON: Company agrees to inspect, clean, repair and otherwise l maintain the shelters on a bi-weekly or on an as needed basis if more frequent than bi- I weekly. Failure to maintain a shelter may result in the City taking action to maintain the shelter and back charge the Company for verged expenses incurred by the City. (e) ILLUMINATION: Company shall illuminate the advertising display unit until i -- bus service ceases each day. Note: If a unit cannot be illuminated, it will not be installed. f ,I r' EXHIBIT "A?' � ` iz The City will work with the Company to help insure that illumination of the shelter units is accomplished by hooking into the nearest point of electricity, primarily any City, County or FPL street light that is located within 50 feet of a shelter. j (f) INSURANCE Company shall obtain and keep in force during the term of this contract, a policy of public liability insurance naming their insurer and the City as additionally insured, providing said parties with insurance against public liability of all kinds in connection with the shelters in the amount of $1,000,000.00. The Company I will provide the City with certificate(s) of insurance including renewals, addendums and I riders to such policies. The city manager will have the right to prior revision and approval of all policies. Approval will not be unreasonably withheld. Company will provide the city manager with prior notice of any material modification or change of insurance coverage. All insurance will be issued by companies authorized to do business in Florida and rated A:X or better per A.M. Bests Key Rating Guide latest edition unless otherwise approved by the city manager. The insurance mentioned herein shall be kept in operative force and effect throughout the term of this contract and shall not be allowed to lapse. (g) ADVERTISING: Company agrees to solicit and obtain suitable advertising clients who desire to advertise products or services through signs or other visual displays on the shelters. The City shall have a right to require the successful bidder to remove any advertising material that it believes to be offensive, not suitable or in such t j state of disrepair as to be aesthetically offensive to the City, provided that the Company shall have a right to substitute other advertising material which is not offensive to the { City. I The City agrees to exercise its judgment in a reasonable manner. The Company shall have forty-eight (48) hours after receipt of a written demand from the City to remove such offensive advertising material. In the event of a dispute as to the reasonableness of the City's demand(s), the Company will promptly follow such demand while the dispute is being resolved. Furthermore, in the event that the Company shall fail to remove the objectionable advertising within said forty-eight (48) hour period, the City shall have an absolute right to cause such advertisement to be removed, and the City shall not be responsible for any damages in connection therewith. No cigarette or liquor advertising will be placed on shelters within 500 feet of any elementary school, junior high school, high school, playground, established church, hospital or cemetery. No offensive sex advertising (to be determined by the City Commission) shall be allowed on shelters. I' (h) SURFACE RESTORATION AND LANDSCAPING: Company will repair or I replace all structures of facilities on public or private property, which may be damaged during construction operation or removal of shelters owned by the Company. The work will include but not be limited to sidewalks, driveways, posts, poles, walls, fences gates, footing, trees, shrubs, lawns, sprinklers, curbs, gutters, utilities (both overhead and underground), manholes, catch basins, inlets, parkways, parkway drains, street surfaces and landscaping in the parkway areas. The work will include furnishing and I 4 EXHIBIT "R" replacing planting soil, trees, shrubs, grass, soil and other ground cover planting as required to conform to the original surface condition and cross-section as specified, and cleanup and removal of all surplus materials, rubbish and trash of every nature remaining after the construction has been completed. The Company further agrees to { repair or replace public or private property in a manner acceptable to the city manager. All repairs and replacements shall incorporate materials and methods similar to those I used in the original structure, unless otherwise specified. I IV I " INDEMNIFICATION I Company will defend, indemnify and save the City, its officials and employees harmless from and against any and all claims, liabilities, losses, actions, damages, and causes of action including reasonable attorney's fees, and will, on account of and on behalf of the City, defend any and all claims, actions, demands and suits which may I . arise out of the Company's activities under this contract, whether in contract or in tort, in i law or in equity, including all other acts or omissions to act on the part of the Company, .` including any employee acting on the Company's behalf. I Company agrees to pay all claims and losses of any nature whatsoever in connection with its activities, operations and uses under this contract and will defend all suits in the name of the City, its officials and/or employees and shall pay all costs and judgments which may be issued thereon. Company agrees to indemnify the City up to the limits specified in the insurance policy. V I INSTALLATION OF SHELTERS Company agrees to install 30 shelters at various locations during the first six j months after signing of this contract (subject to all permitting requirements). Additional units may be installed if mutually agreed upon by both the City and the Company. Company will submit,in writing, within 20 working days after the execution of this ` contract, the locations of the proposed number of shelters to be installed. The City reserves the right to withhold its approval as to the installation of shelters at particular locations, and if the City should determine in its sole discretion, x, ++ that the proposed locations are unsuitable, then the parties shall mutually agree upon a i 5 r' EXH I I31T "p t a y p4 S LI 1 e I \�YiA1 an alternate locations) and the Company agrees to install shelters at such location(s). ` I - The City shall be deemed to have approved the locations for bus shelters if the City I does not disapprove such locations within 15 days of City's receipt of Company's _ written declaration of such locations. Nothing contained in this section or in any other provisions of this contract shall be construed so as to require the Company to construct I ' i and install more than the proposed number of shelters during the term of this contract. All bus shelters installed during the term of this contract will be installed and maintained in accordance with the requirements of the South Florida Building Code, and other applicable technical codes. The Company agrees to provide divided seating on the benches placed in the i shelters. VI INSTALLATION OF PAY PHONES ON SHELTERS j Company may, in conjunction with a phone Company of their choice which .; would be subject to the City Commission's approval, submit a proposal to the City for approval wherein pay phones would be installed on the shelters. The phone company during the installation must secure an electrical permit from the City for each phone installed. VII CONTINUING MAINTENANCE OBLIGATION. i Company will maintain all shelters which it installs. Company shall clear ten (10) feet away from each side of the shelter all trash and debris within the public right-of-way r including curb and gutter. The trash and debris shall be removed bi-weekly from the public right-of-way. Further, the Company shall be responsible for the cleaning, repairing or replacement of all shelter parts, including advertising materials, signs and f visual displays placed upon the shelters. However, the Company shall not be {s3` responsible for the maintenance or repair of any walkways or curbs to which the ; shelters are attached, unless such walkways or curbs shall have been damaged x . 6 EXHIBIT "A„ f ;' . . . . .. ..may a ` t `i through the acts or omissions of the Company, its agents, servants, sub-contractors or i employees, except for those portions of the walkways or curbs, located within the ?~ shelters themselves which the Company will be responsible for maintaining at its own 1 cost and expense. In the event a shelter is not maintained in good repair and in clean condition as determined by the city manager, the City shall so notify the Company I _ and repairs will commence according to the contract. If the condition is not corrected to the City's satisfaction within five (5) working days after the date of notice, the City shall have the right and privilege to remove said shelter and charge the Company for the costs of such removal (inclusive of personnel expense, labor and materials) or assess a $150.00 per day penalty fee, starting on the 6th day until the condition is corrected. In order to minimize any liability, the Company agrees to remove shelters that have been damaged beyond repair and are creating a hazardous condition for the public at large immediately upon notification or repair damaged shelters within five (5) days of accident or damage which creates a hazardous condition. Vill RIGHT OF COMPANY TO REMOVE INDIVIDUAL SHELTERS. Except as provided for in this section, the Company will not remove any shelters I[ installed at a location during the term of this contract without first having obtained written consent of the city manager. It is agreed, however, that the Company shall have the right to remove individual shelters (after ten (10) days written notice to the City) without seeking prior approval from the City in the event that such shelters j have been subjected to "chronic vandalism". For purposes hereof, the phrase 'chronic vandalism" shall be defined as damages inflicted to an individual shelter during any three (3) consecutive month period which require cumulative expenditures for replacements and repairs that exceed $1,000.00 (proof of expenditures to be submitted to the City). EXH I BIT "q„ j 4 _ a ni y � 1 tid+` IX i RELOCATION OF SHELTERS In the event of change in bus stop or other transportation system designations, changes in street design or rights-of-way or changes the city manager deems i necessary for the public health, safety. welfare and convenience, or changes in demographics which materially affect the pedestrian and vehicular traffic flow at or near shelters established in connection herewith, the Company, at the City's request, will relocate a designated shelter to another location mutually agreed to by the City and the Company. NOTE: if requested by the City, a shelter must be removed even ff City and Company cannot agree on new site. The total shelter units in the City will not fall below „+"r the minimum number of proposed units for any 30 day period (unless Company and t City agree to reduction). " +` r. The expense in connection with such relocation shall be borne by the Company, w U and the Company shall act expeditiously in order to relocate such shelters, and in the event that a change of street design or right-of-way location shall require the relocation of a shelter, the Company shall coordinate its work with the contractors or other �. personnel performing labor in connection with the change of street design or right-of- I way location in order to accomplish the relocation expeditiously and without I interference to the work in connection with the relocation of streets or rights-of-way. X TERM OF CONTRACT i ` j This contract shall become effective upon execution and shall remain in full force and effect for a period of five (5) years beginning with the actual date the contract is signed by the City of Dania. The contract will be renewed by the City Commission without seeking additional or new proposals for an additional five years provided there are no monetary defaults and that the Company has not installed a shelter that was not approved by the City within the first five (5) years. 8 EXHIBIT "A" xl i TERMINATION PROVISION The City may, after a hearing before the City Commission, at which time the t Company shall have an opportunity to present its case, by an affirmative vote of a majority of members present, declare the contract to be terminated if the City Commission determines that the Company has materially breached the provisions of the contract with the City . Termination proceeding will not begin until either the City or the Company has failed to correct any material default which shall be any monetary default not corrected by the Company within 15 days of written notification of the default and any non-monetary default by either party not corrected within thirty (30) days of written notification. In the event the contract is terminated, the Company awarded the contract must remove the existing shelters located within the City of Dania within thirty (30) days from date of notice by the City. XII ASSIGNMENT This contract shall not be assigned or sold without the prior written consent of the City Commission which consent shall not be unreasonably withheld. XIII OBTAINING NECESSARY APPROVALS The Company shall obtain any and all necessary County and State approvals of lany kind that might be required as a condition of installing the proposed shelters at locations within the City. Provided, however, the City shall obtain any and all necessary approvals or licenses of any kind that might be required as a condition of installing the proposed shelters at bus stop locations on State roads. The cost of obtaining any such permits or licenses shall be borne by the Company. The City will not charge the Company for any permits required to place shelters in the City of Dania. 9 77 z XIV INDEPENDENT CONTRACTOR 1 The Company and its employees and agents shall be deemed to be an l independent contractor, and not an agent or employee of the City. i XV SUCCESSORS AND ASSIGNS This contract shall be binding upon the Company, the City of Dania, their executors, legal representatives, successor and authorized assigns. XVI NOTICE Ft Any and all notices required under this contract shall be deemed to have been given I when placed in the United States mail, certified, return receipt requested, addressed as follows: FOR COMPANY: Thomas F. Neville, Vice President Patrick Media Group, Inc. 1360 N.W. 78th Ave. Miami, Florida 33126 FOR CITY OF DANIA: Robert Flatley, City Manager 100 W. Dania Beach Blvd. Dania, FI 33004 or to such other addresses as the parties may designate from time to time. { XVII ENTIRE CONTRACT This contract shall contain all the terms and conditions agreed upon by the i ' Company and the City of Dania and no other contract, oral or otherwise, regarding the subject matter shall be deemed to exist to bind either of the parties hereto. i;. �s ,o LEXHIBIT „A" -V41 y jl Y r Moreover, this contract may not be modified or amended except by written agreement of both parties. Any and all modifications shall require the prior written approval of the city manager, for the City. XVIII j OWNERSHIP OF COMPANY SHELTERS The shelters shall remain the sole property of the Company and must be removed within thirty (30) days of termination by the Company or the City of Dania. The Company shall restore the property upon which the shelters were located, to their i original condition. At the end of the proposed contract, the Company shall no longer Ii possess the rights to maintain, operate or install shelters on land owned by the City of ! Dania. XIX COMMUNITY SERVICE The Company shall provide the advertisement boxes for City sponsored i advertising messages on up to ten (10) of the Company's advertising panels per month in locations to be determined by both the city manager and the Company. City advertisements may be utilized on panels that are not occupied by paying customers. Fa The Company shall not be responsible for paying for public service message materials. The City agrees to provide all necessary ad materials. The Company, however, will ` install at no cost to the City, such public service advertisements. - XX ATTORNEYS' FEES i The prevailing party in any litigation arising from this contract shall be entitled to reasonable attorney's fees and costs. „ EXHIBIT "A" Q X" tlil I N 1 =A j S ' CITY OF DANIA, a Florida municipal corporation By: Mayor - Commissioner ATTEST: By: City Manager City Clerk - Auditor Executed by City, this day of 1993 (City Seal) PATRICK MEDIA GROUP, INC., a 1 Florida corporation APPROVED AS TO FORM AND CORRECTNESS By President By: Frank C. Adler, City Attorney ATTEST: f i I i Secretary Executed by Company, this day of 11993 i 1 EXHIBIT "A., 12 rr �� nv^. fit. .�..1114 t 1.7v SCHEDULEI j i SHELTER SPECIFICATIONS f Shelters must be designed and tested to meet the exact building requirements for the South Florida Building Code. STANDARDS Shelters must conform to all Federal. State and Local laws. All codes and regulations shall be in accordance with the latest editions of the Standards and Codes listed hereunder: l A. South Florida Building Code- B. Aluminum Construction Manual Specifications for aluminum structures. I C. AISC " Specifications for Design, Fabrication and Erection of Structural Steel for Buildings". D. American Society for Testing Materials. E. ACI Building Code Requirements for Reinforced Concrete. (ACI 318-77) i BUS SHE LTER CON STRUCTION Each shelter shall consist of an aluminum framework suitable for supporting transparent wall panels and opaque roof panels. Each shelter structure shall be suitable for mounting on concrete footing, or pad. DIMENSIONS (All Approximate) Roof Length Standard 12' 10" Other Lengths: 8' 10", 16' 10", 20' 10", 24' 10" .. Roof Width: 62 Roof Height: 7 0 minimum Vertical Posts: Spacing ( out to out ) At left and right end 4' 10" } Wall sectioned: 1 13 EXHIBIT "A" The shelters must have rear wall sections. Glazing must be provided on rear wall sections, sides and fronts. Each wall section, frame members and mullions must be constructed of aluminum. Glass rear panels must be tempered and 46 1/4" x 69 1/4" x 1/4". Lexan, marguard, or acrylic may be substituted for tempered glass. SHELTER FRAME AND RELATED METAL COMPONENTS (A) GENERAL The shelters' structure must comply with the current edition of the South Florida Building Code standards. i (B) FRAMEWORK ' The shelters superstructures shall have aluminum framework with a standard medium bronze Duracron painted (ESP) finish. Shelters must have an anodized finish. The frame must be supported above the ground by vertical posts at comers. All vertical posts must be provided with a shoe anchoring device at the bottom of the posts. The vertical posts must be anchored to the pavement by special shoe mounting anchors of adequate strength. Top and bottom horizontal rails must able attached to vertical posts and mullions by concealed fasteners. All main members shall have a minimum .100 inch wall thickness. All structural frame members must be extruded aluminum of 6063-T5 alloy. All exposed surfaces must be smooth, neatly finished and free from burrs, slivers, projections, nicks, dents, - scratches or other imperfections. There shall be no apparent welds in any exposed aluminum. Each member must consist of one or more elements of metal which are continuous from one end of the member to the other without splices or cross-joints. All structural frame connections must be concealed and no surface or area shall require finishing after assembly and erection of the structure. (C) MODULAR SPACING I ; Vertical members of the shelters or glazing framework, other than comer posts, must have a fixed and uniform spacing, center to center, so as to produce a modular f dimensional system of framing. Posts and comer Posts and Fascia must have a radius I I of 5 inches in width, when viewed from any direction. (D) FASTENERS AND CONNECTIONS All fasteners such as pop rivets, drive rivets, and alien-head screws, fitting and other miscellaneous parts must be made from corrosion resistant materials. Fasteners must be of a type which cannot be loosened with readily available tools. No regular 14 EXHIBIT "A" _ r ' phillips, hex-head• or square-head screws or bolts may be used where exposed in the finished shelter. Parts must fit tightly together without open joints or exposed thin edges. I (E) WEEPHOLES Structure shall have weepholes as necessary to assure drainage of condensation. (F) SHELTER STRENGTH The entire assembly, when anchored in place, must be able to sustain without I damage the following minimum design loadings as the current edition of the South I Florida Building Code: 30 PSF Live Load I 1. Roof 38 PSF Wind Load 35 PSF Wind Load 2. Sidewalks 150% of wind uplift 3. Anchorage to Pavements and overturning 4. Bench 1200 lb. distributed in full length ' i Capacity to sustain the above loadings must be demonstrated by detailed structural analysis made by a registered structural engineer. Design capacity must be confirmed by field testing of one installed shelter. Calculations bearing the name, address, and professional seal of the structural engineer shall be submitted with shop drawings upon request of the city. GLAZING All glazing must be a minimum of 1/4" thick bronze tempered glass. Glazing panels must be 46 1/4" X 69 1/4" X 1/4" in size. Glazing must be adequately supported and j engaged in order to sustain the minimum loading specified by the South Florida Building. 1 Mullions must be of minimum width to enhance the appearance of the shelter. Supports must be such that will permit simple field installation of glazing and future reglazing as f may be required. Glazing must be securely fastened to the shelter in a tamperproof manner. There must be a minimum opening of 4" (8" maximum) from the ground to the bottom edge of the rear glazing panels and a minimum of 4" (8" maximum) from the upper edge of the rear panels to the roof in order to allow the wind to blow through the shelter. If necessary, glazing must be installed in such a manner as to completely enclose the unit. 15 � EXHIBI "~ I ROOF The shelter roof must be opaque, weather tight and nominally flat 1/8" per foot g maximum (slope measured alon the shortest dimensions). If more than one panel is used, the assembly must include roof members which run continuously between adjacent panels and provide both structural support and a weather seal. Both top and bottom panel surface (ceiling) must be finished and light in color. The roof must withstand a 1 uniform live load of 30 PSF over its entire surface with total recovery after removal of load, maximum deflection (as specified in the South Florida Building Code) without any cracks or other damages. The roof must be securely fastened to the shelter in a concealed and tamper proof manner. Roof must be leak proof and designed so that a minimum of ninety percent (90%) of roof drainage is off the rear of the shelter. FASCIA The shelter roof frame must incorporate a fascia. The Fascia finish must be the same as the framework. The fascia beam must run continuously around the roof edge. 1 ADVERTISING i The shelter must be able to display advertising, incorporating a standard size advertising panel with poster dimensions of 48"wide by 69" high. The Panel must provide for two advertising faces back to back with a single lighting source contained within the panel cabinet. The panel cabinet must be such as to protect the advertising copy and the light fixtures. The Shelter circuit must be grounded, fused and amperage wiring as required per the South Florida Building Code. All fixtures connections conduit and fusing must be approved by Underwriters laboratories (UL). i i I 16 EXHIBIT "A" - � �` ' :. , ;_ :. '.:I � � , 1 1 i � y ,� ��_�-'�"�"�k�, �. ��7 1�'-1 i ksl� �� 1 1- M1 {c' tH.� ,�: . �it'i 4 �� ��� Y��� L ��y} '.yh.cn. .. 1�4Y .�..! ~ f`i r } .�; �, �,.,4 �'' ��..�. l ` �. A. � �1: ` � .. .. t . ' '�� I - ,.. -� �. ....- _ W _ - n.;::.w^F- ,tea• r�-r ��„', � _, `���� a a f _ _ _ _