HomeMy WebLinkAboutR-2020-047 City Authorizing to Execute an Agreement w/ Insite Martin Outdoor, LLC, for the Installation of Certain Bus Benches, w/ Signage, for a One Year Period, Eff. 6-1-2020 and Expiring 5-31-2021 RESOLUTION NO. 2020-047
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PURSUANT TO SECTION 337.408, FLORIDA
STATUTES, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE
AN AGREEMENT WITH CONTRACTOR, INSITE MARTIN OUTDOOR,
LLC, FOR THE INSTALLATION OF CERTAIN BUS BENCHES, WITH
SIGNAGE, FOR A ONE YEAR PERIOD, EFFECTIVE JUNE 1, 2020 AND
EXPIRING MAY 31, 2021, WITH TWO ONE-YEAR OPTIONS OF CITY TO
RENEW; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Florida Statutes Section 337.408 authorizes the installation of bus benches
and advertising thereon, without requiring a competitive procurement process; and
WHEREAS, the City of Dania Beach is not expending funds and was contacted by Insite
Martin Outdoor, LLC ("Contractor") to request to install bus benches throughout the City, at
identified locations, as shown in Exhibit"Three" of the Agreement, which Agreement is attached
as Exhibit "A," a copy of which is made a part of and is incorporated into this Resolution by this
reference; and
WHEREAS, the Contractor will place advertising on the benches, and in exchange the
Contractor will 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
Seven Hundred Sixty Dollars ($760.00)per month, whichever is greater; and
WHEREAS, the Public Services Department is seeking City Commission approval to
authorize execution of an Agreement with Insite Martin Outdoor, LLC, for the installation of bus
benches with advertising and maintenance of same in specific locations; and
WHEREAS, Contractor will perform routine maintenance of all benches, associated
landscaping and trash collection for the bus benches that are installed; and
WHEREAS, the Public Services Department is seeking approval to enter into a one-year
agreement, and providing the City with two (2) optional one (1) year renewals;
NOW, THEREFORE, 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 agreement with
Insite Martin Outdoor, LLC, a registered corporation in Florida.
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 May 26, 2020.
ATTEST:A-/
THOMAS SCHNEIDER, CMC LORI LEWELLEN
CITY CLERK MAYOR
�etiSHEDy
APPROVED AS TO FORM AND CORRECTNESS:
THOM S O
CITY ATTO E
2 RESOLUTION 42020-047
BUS BENCH ADVERTISING AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on
2020 (the "Effective Date"), between the City of Dania Beach, Florida, a Florida municipal
corporation (the "City") with an address of 100 West Dania Beach Boulevard, Dania Beach,
Florida 33004 and InSite Martin Outdoor, LLC a Florida limited liability company
("Contractor")with an address of 150 NW 70th Avenue, Suite 3, Plantation, Florida 33317.
The City has control of spaces which would allow for bus benches in various locations
within its municipal boundaries (including within the Dania Beach Community Redevelopment
Agency boundaries). City and Contractor agree that additional benches can be added by mutual
written approval.
The placement of bus benches within the City is a public service which fulfills a
collateral public transportation need.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained in this Agreement, the sufficiency and adequacy of which are acknowledged and
agreed upon by the parties to the Agreement,the parties agree as follows:
Contractor will furnish bus benches which will be constructed and maintained as
referred to in the Scope of Services, attached as Exhibit "One", which is made a part
of and incorporated into this Agreement by this reference.
1. The City grants to Contractor the right to display appropriate advertising, as identified
in the attached Exhibit "Two," which is made a part of and incorporated into this
Agreement by reference, by installing and maintaining bus benches with such
advertising within the City, at locations approved by the City. A list of the bus bench
locations is attached as Exhibit "Three",which is made a part of and incorporated into
this Agreement by this reference. Contractor shall be required to obtain the City
Manager's advanced written authorization for the installation of new bus benches in
the City, at any new locations. The City Manager shall approve the configuration and
location of each bus bench and they shall be in compliance with the design and
construction standards established in this Agreement. For each bus bench that is to be
added, the Contractor shall update the list described in Exhibit Three, accordingly.
Contractor shall be responsible for obtaining all permits for the installation of the bus
benches.
2. Compensation. Contractor shall pay a fixed, per unit monthly fee of twenty (20)
percent of the gross advertising revenues for all City bus benches or Seven Hundred
Sixty Dollars ($760.00) per month whichever is greater during the first year of this
agreement. This shall be paid to the City on a prorated basis. Payment must be made
by certified check, cashier's check or a company check drawn on a bank with Florida
offices and made payable to the City of Dania Beach,Attention: Finance Department,
100 West Dania Beach Boulevard, Dania Beach, FL 33004. Contractor shall pay the
City an advance fee of $10,000.00 of such revenue within thirty (30) days of the
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renewal date if the City elects to extend the contract for the second year at that time.
Contractor will keep track of payments owed to the City and such payments will be
deducted from the advance payment until the $10,000.00 is reduced to zero. Once the
$10,000.00 is exhausted payments will be made on a monthly basis.
3. The styles of the bus benches have been selected and approved by the City (see
Exhibit Three, referenced above). Any and all costs associated with styles and colors
of the bus benches shall be borne solely by Contractor, and the City shall have no
liability for such incurred costs. Contractor shall not be permitted to erect, place or
install any additional bus benches in the City without the prior written approval from
the City.
4. At all times, Contractor shall install at its sole cost and maintain the bus benches in a
safe condition and shall make periodic inspections to ascertain that all benches are
safe and kept in good condition. Contractor shall maintain each bus bench in a good
state of repair and appearance, and shall keep a ten foot (10') area surrounding each
bench free of debris, high grass, weeds and rubbish. Contractor shall also be
responsible for maintaining associated trash receptacles in good condition at all times.
Contractor will maintain the bus benches at least twice weekly, including sweeping,
cleaning, removal of litter and debris around each bench, properly empty the trash
cans at each bus bench site, weed eating around concrete pads, benches, and repair of
damaged benches and maintain the benches free from graffiti, litter and debris. The
frequency of maintenance and cleaning will be increased at a cost to the Contractor, if
in the sole opinion of the City such activities are deemed to be insufficient. The
Contractor, at is sole expense, will maintain a three (3) foot area around the benches
on a scheduled basis, as approved in writing by the City Manager. Maintenance
includes mowing, edging, and litter removal from any grassed area surrounding the
bench. Grass clippings will not be blown into the curb or into the street where they
might enter the storm drainage system.
5. Contractor shall replace and repair any and all damaged or defaced benches or
individual bench components within 24 hours after the City provides notification of
such damage or defacement. If such damage or defacement renders the bus bench
dangerous, the Contractor will make the bench safe within four (4) hours and will
effect a permanent repair within a mutually agreed upon time.
6. Removal of Benches. If upon the revocation or expiration of the Contract, the
Contractor fails promptly to remove a bench or a concrete foundation pad and restore
the site to match existing conditions and be compatible with the adjacent property, the
City may do so ten (10) days after giving the Contractor written notice, and if
Contractor fails to pay the cost of removal and storage of the bench within a period of
sixty (60) days after the giving of such notice, the Contractor's rights in the bench
will be terminated. Such termination will not excuse the Contractor from the
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payment of the cost of removal and storage of the bench, removal of the pad, and
storage, if applicable, and restoration of the site.
7. In the event that a bus bench unit is destroyed through the intentional or negligent act
of any third party, or is damaged or destroyed by any act of nature, war, riot or other
major upheaval (a force majeure), or in the opinion of the City or Contractor, the
immediate area surrounding bus bench poses a legitimate hazard to the safety of the
bench user as a result of any such force majeure, Contractor shall have the right, on a
temporary emergency basis to remove, replace or relocate the bus bench unit to a
temporary location, so long as the location meets all other criteria provided in this
Agreement. Any temporary or emergency relocation of a bus bench shall remain
effective until such time as Contractor, the City or the abutting property owner has
cured the hazard.
8. Contractor shall provide to the City, for the sole and exclusive use of the City, a
quarterly report identifying (1)the location of each bench in the City; (2)the name of
any advertiser posted on it; and the advertising revenue per bench.
9. The term of this Agreement is for one (1) year beginning upon the Effective Date,
with the sole option of the City to grant two (2) additional one-year renewal terms. In
no event shall advertising be sold for placement upon any bus bench beyond the one
year term, unless the renewal is obtained.
10. The City shall not be liable to Contractor for any monies or compensation for the use
of such benches at any location within the City, and the sole compensation to be
derived by Contractor is that which may be derived from such advertising as will
appear on such benches. Further, Contractor shall not be liable to the City for any
rentals, monies,profits or returns derived from any of the bus bench advertising.
11. Contractor agrees that the Florida Department of Transportation "Comfort and
Convenience Benches-Uniform Guideline", as amended from time to time, shall be
implemented as a part of this Agreement. A copy of the current "Comfort and
Convenience Benches-Uniform Guideline" is attached as Exhibit "Four", which is
made a part of and incorporated into this Agreement by this reference. If, however,
any portion of that document conflicts with the provisions in this Agreement, the
provisions of this Agreement shall prevail.
12. Contractor shall not commence services under this Agreement until it has obtained all
insurance required by the City, as specified below and the coverages and insurance
have been approved by the Risk Manager of the City. In addition, Contractor shall be
responsible for any policy deductibles and self-insured retentions.
a. Contractor shall file Certificates of Insurance with the City, reflecting evidence of
the coverages. They shall be filed with the City's Risk Manager on the Effective
Date. The Certificates shall contain a provision that coverages afforded under the
policies will not be canceled until at least thirty (30) days'prior written notice has
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been given to the City. Policies for coverages shall be issued by companies
authorized to do business under the laws of the State of Florida and any such
companies' financial ratings must be no less than "A" in the latest edition of the
"BEST'S KEY RATING GUIDE",published by A.M. Best Guide.
b. Coverages shall be in force for the duration of this Agreement. In the event
insurance certificates provided to City indicate that the insurance shall terminate
and lapse during the period of this Agreement, then in that event, Contractor shall
furnish, at least thirty (30) days prior to the expiration of the date of such
insurance, a renewed Certificate of Insurance as proof that equal and like
coverage for the balance of the period of this Agreement and any extension of it is
in effect. CONTRACTOR MUST ENSURE ALL COVERAGES REMAIN IN
FULL FORCE AND EFFECT.
13. Contractor shall provide, pay for and maintain in force at all times during the term of
this Agreement, such insurance, including General Liability insurance, Workers'
Compensation insurance and Comprehensive general liability insurance as stated
below:
a. General Liability Insurance to include bodily injury, broad form property damage,
products and completed operations, blanket contractual liability with limits of not
less than One Million Dollars ($1,000,000.00) per occurrence and Two Million
Dollars ($2,000,000.00) annual aggregate. City shall be named as an "additional
insured" under this policy, and Contractor shall provide a Certificate of Insurance
evidencing coverage and named insured status on the policy to the City.
b. Workers' Compensation insurance to apply for all employees of Contractor in
compliance with the "Workers' Compensation Law" of the State of Florida and all
applicable federal laws, for the benefit of Contractor and its employees.
Employer's Liability. Minimum limits of One Hundred Thousand Dollars
($100,000.00) each accident.
c. Comprehensive General Liability insurance, including contractual, with minimum
limits of One Million Dollars ($1,000,000.00) per occurrence, combined single
limit for bodily injury liability and property damage liability. The City shall be
named as an "additional insured" under this policy, and Contractor shall provide a
Certificate of Insurance evidencing coverage and named insured status on the
policy to the City.
d. Automobile Liability with a minimum limit of Five Hundred Thousand Dollars
($500,000.00) combined single limit. City shall be named as an "additional
insured" under this policy, and Contractor shall provide a Certificate of Insurance
evidencing coverage and named insured status on the policy to the City.
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e. If Contractor hires a subcontractor for any portion of any work, then such
subcontractor shall provide General Liability Insurance with minimum limits of
liability and coverages as specified above, as applicable to Contractor of One
Million Dollars ($1,000,000.00).
f. Contractor shall provide the Risk Manager of the City Certificates of Insurance
for coverages and policies required by this Agreement. All certificates shall state
that the City shall be given thirty (30) days' advance notice prior to expiration or
cancellation of any policy. Such policies and coverages shall not be affected by
any other policy of insurance which the City may carry in its own name. All
Certificates of Insurance must clearly identify the Agreement to which they
pertain, including a brief description of the subject matter of the Agreement.
IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE
IN THE PROSECUTION OF THE WORK, THE FOLLOWING: 1)ANY
EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE
WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS'
COMPENSATION INSURANCE COVERAGE; OR II)ANY EMPLOYEE,
SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE
COVERED BY AN EMPLOYEE LEASING ARRANGEMENT.
g. Contractor shall have and maintain during the term of this Agreement any and all
appropriate City licenses, permits, fees (and business tax receipts, if applicable),
which shall be paid in full in accordance with the City's fee structure for such
items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR
WAIVING OF CITY LICENSES, PERMITS, FEES (OR BUSINESS TAX
RECEIPTS, IF APPLICABLE).
h. During the performance of this Agreement, there may be times when Contractor
will be required to obtain a City permit related to its work, or in connection with
its services. It is the responsibility of Contractor to insure that it has the
appropriate City permits as may become necessary during the performance of this
Agreement. Any fees related to the City required permits in connection with this
Agreement will be the responsibility of Contractor.
i. Licenses, permits, and fees that may be required by Broward County, state or
federal entities are not included in the above list.
14. Contractor shall, in addition to any other obligation to indemnify the City and to the
fullest extent permitted by law, protect, defend, indemnify and hold harmless the
City, including its elected officials, employees and agents from and against all
claims, actions, liabilities, losses (including economic losses), or costs arising out of
any actual or alleged:
(a) bodily injury, sickness, disease or death, or injury to or destruction of tangible
property including the loss of use resulting therefrom, or any other damage or loss
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arising out of or resulting or claimed to have resulted in whole or in part from any
actual or alleged act or omission of Contractor, anyone directly or indirectly
employed by it, or anyone for whose acts it may be liable in the performance of the
obligations of this Agreement,
(b) any violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent rights by Contractor in the performance of the
obligations of this Agreement,
(c) liens, claims, actions made by Contractor or other person or entity related to the
Agreement; and
(d) claims of whatsoever nature related to collection practices or related to an attempt
to collect monies due or claimed to be due to the City.
15. Contractor shall promptly remove and replace any bench for the purpose of repairing,
renovating or replacing same after written notice from City. Contractor shall remove,
repair, renovate or replace the benches within a reasonable period of time not to
exceed seventy-two (72) hours from the date of the notice. Any such removal, repair,
renovation or replacement shall be at the sole expense of Contractor. In the event the
bench is not removed, repaired, renovated or replaced within such time, it shall be
deemed abandoned and City shall have legal right to treat the bench in any manner it
deems necessary, including but not limited to its removal, repair, renovation or
replacement at Contractor's expense.
Although the City has the right to request a removal, the total number of authorized
benches shall remain as provided above.
16. City shall have the right to request removal or relocation of a bench if the continued
maintenance of the item at the location concerned will obstruct traffic, obstruct traffic
views or create a hazard to public safety, welfare, convenience, or if the abutting
property owner or tenant on the adjacent property can justify an objection in writing
directed to City concerning the continued maintenance of the bus bench at that
location.
17. Contractor agrees to remove language, any design or advertising that the City in its
sole and exclusive discretion deems to be immoral, obscene, lascivious or
unacceptable for any reason or for no specified reason. It is further agreed that if the
City and Contractor disagree as to whether the objectionable language, design or
advertising is immoral, obscene, lascivious or unacceptable, the judgment of the City
shall prevail, and Contractor must abide by the City's demand for removal. In
addition, Contractor shall be prohibited from placing any advertising with respect to
City political campaigns, whether the campaigns involve City issues or offices, on
any bus benches.
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18. Contractor agrees to remove any graffiti that may be placed on any bus benches
within three (3) days of written notification from the City.
19. There shall be no advertisement or sign on any bus bench that displays the word,
"Stop", "Look", "Danger", or any other word, phrase, symbol or character that may
interfere with,mislead, or distract pedestrians or vehicular traffic.
20. Any violation of this Agreement shall be brought to the attention of the party by the
party which charges such violation and a notice in writing shall be directed to the one
charged with the violation to cease such violation within five (5) days from the
receipt of the written notice. In the event this Agreement is cancelled because of a
violation by Contractor, Contractor agrees to indemnity the City for any damages
suffered by City as a result of it.
21.Neither party shall attempt to terminate or cancel this Agreement, whether by court
action or otherwise, without having provided the other party with fifteen (15) days'
written notice of any alleged violation of it, together with a demand that such
violation be cured within an allotted time as deemed reasonable by the City, taking
into account the nature of the violation. If the alleged violation is cured within the
time frame specified by the City,the alleged violation shall be considered withdrawn.
22.Notwithstanding anything contained in this Agreement, the City shall have the
unilateral right to cancel and terminate this Agreement within ten (10) days of the
City being advised that Contractor has become insolvent and unable to pay its debts
when they become due and payable, by having the amount of its liabilities exceed the
amount of its assets, if Contractor files for any act of bankruptcy, makes a general
assignment for the benefit of creditors, if there is filed by or against Contractor a
voluntary or involuntary petition in bankruptcy, if proceedings are before the
appointment of a receiver, or if Contractor commences, under any law, an action
related to bankruptcy, insolvency,reorganization or relief from debtors.
23. The termination of this Agreement shall not relieve either party of any liability that
accrued prior to such termination and any such accrued liability shall survive the
termination of this Agreement.
24. This Agreement shall not be assignable, subcontracted or sublet in whole or in part by
Contractor without the advance express written consent of the City. For the purpose
of this paragraph, any sale or transfer of 51% of the shares or assets of Contractor,
whether voluntarily or by operation of law, shall be deemed an assignment.
25. At the conclusion of the term of this Agreement, City shall have the sole and
exclusive right to require Contractor to remove all of the previously installed bus
benches located within the City. Any bus benches remaining thirty (30) days after the
term expires shall be deemed abandoned and City shall dispose of them as it sees fit.
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26. Contractor is an independent contractor under this Agreement. Services provided by
Contractor shall be provided by employees of Contractor subject to supervision by
Contractor, and not as officers, employees, or agents of the City.
27.Nothing in this Agreement shall be deemed or treated as a waiver by the City of any
immunity to which it is entitled by law, including but not limited to the City's
sovereign immunity as set forth in Section 768.28, Florida Statutes.
28. Whenever any party desires to give notice to the other party, it must be given by
written notice, sent by United States mail, certified, return receipt requested,
addressed to the party for whom it is intended. The places for giving of the notice
shall remain as set forth below until they shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, Contractor and the
City designate the following as the respective persons and places for giving of the
notice:
City: Ana M. Garcia, ICMA-CM, City Manager
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Thomas J. Ansbro, City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Contractor: Glenn A. Flutie, President/COO
InSite Martin Outdoor, LLC
150 Northwest 701h Avenue, Suite 3
Plantation, Florida 33317
29. The City and Contractor respectively bind themselves, their partners, successors,
assigns and legal representatives to the provisions of this Agreement.
30. All claims, counterclaims, disputes and other matters in question between City and
Contractor arising out of, relating to or pertaining to this Agreement, the breach of it,
the services of it, or the standard of performance required under it, shall be addressed
by resort to non-binding mediation as authorized under the laws and rules of Florida;
provided, however, that in the event of any dispute between the parties, the parties
agree to first negotiate with each other for a resolution of the matter or matters in
dispute and, upon failure of such negotiations to resolve the dispute(s), the parties
shall resort to such mediation. If mediation is unsuccessful, any such matter may be
determined by litigation in a state court of competent jurisdiction located in Broward
County, Florida, the Federal District Court of the Southern District of Florida or
appropriate appellate courts for such venue and jurisdiction. The law of the State of
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Florida shall govern this Agreement and this Agreement is not subject to arbitration.
In any litigation, the parties expressly waive all rights to trial by jury for any disputes
arising from or in any way connected with this Agreement. The parties understand
and agree that this waiver is a material term of this Agreement. Each party shall bear
its own attorney fees and costs for any litigation related to the Agreement.
31. PUBLIC RECORDS LAW
a. Contractor agrees to keep and maintain public records in Contractor's possession or
control in connection with Contractor's performance under this Agreement.
Contractor additionally agrees to comply specifically with the provisions of Section
119.0701, Florida Statutes. Contractor shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are
not disclosed, except as authorized by law, for the duration of the Agreement, and
following completion of the Agreement until the records are transferred to the City.
b. Upon request from the City custodian of public records, Contractor shall provide the
City with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided by
Chapter 119, Florida Statutes, or as otherwise provided by law.
c. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with
this Agreement are and shall remain the property of the City.
d. Upon completion of the Work of this Agreement or in the event of termination by
either party, any and all public records relating to the Agreement in the possession of
the Contractor shall be delivered by the Contractor to the City Manager, at no cost to
the City, within seven (7) days. All such records stored electronically by City shall
be delivered to the City in a format that is compatible with the City's information
technology systems. Once the public records have been delivered upon completion or
termination of this Agreement, the Contractor shall destroy any and all duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements.
e. Contractor's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
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Section 119.0701(2)(a), Florida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS.
Custodian of Records: THOMAS SCHNEIDER, CMC
CITY CLERK
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone number: 954-924-9800, Ext. 3623
Email: tschneider(adaniabeachfl.2ov
f. Each person signing this Agreement on behalf of either party individually warrants that
he or she has full legal power to execute this Agreement on behalf of the party for which
he or she is signing, and is authorized to bind and obligate such party with respect to all
provisions contained in this Agreement.
g. If any provision of this Agreement or application of it shall to any extent be held invalid
or unenforceable, as to any person or situation, the remainder of this Agreement and the
application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable shall not be affected and shall continue in full
force and effect, and shall be enforced to the fullest extent permitted by law.
h. This Agreement represents the entire and integrated Agreement between the City and
Contractor and supersedes all prior negotiations, representations or agreements, either
written or oral.
i. Failure of the City to insist upon strict performance of any provision or condition of this
Agreement, or to enforce any right contained in it, shall not be construed as a waiver or
relinquishment for the future of any such provision, condition or right, but the same shall
remain in full force and effect.
j. In the event there is a conflict between any of the terms of this Agreement and any
Exhibits, the terms of this Agreement shall prevail.
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k. Contractor and the City acknowledge and agree that they have sought and received
whatever competent advice and counsel as was necessary for them to form a full and
complete understanding for all rights and obligations in this Agreement, and that the
preparation of this Agreement has been a joint effort of the parties, the language has been
agreed to by the parties to express their mutual intent and the resulting document shall
not, solely as a matter of judicial construction, be construed more severely against one of
the parties than the other.
SIGNATURES ON THE FOLLOWING PAGES
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IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the
day and year first above written.
CITY:
ATTEST: CITY OF DANIA BEACH,FLORIDA
a Florida Municipal Corporation
THOMAS SCHNEIDER, CMC LORI LEWELLEN
CITY CLERK MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
APPROVED FOR FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
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CONTRACTOR:
InSite Martin Outdoor,LLC
WITNESSES: a Florida limited liability company
SIGNATURE SIGNATURE
PRINT Name PRINT Name
SIGNATURE Title
PRINT Name
STATE OF FLORIDA)
COUNTY OF )
The foregoing instrument was acknowledged before me by means of❑ physical presence
or by ❑ online notarization, on ,2020, by
as of InSite Martin Outdoor, LLC, a Florida limited
liability company, on behalf of the company. He/she is personally known to me or has produced
as identification.
Notary Public, State of Florida
Print Name
My Commission Expires:
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EXHIBIT "ONE"
SCOPE OF SERVICES
1. The Contractor, at no cost to the City, shall provide all required permits, labor, materials,
equipment and services necessary for providing, installing, repairing and maintaining bus
benches. Benches will be placed on public property or within the public right-of-way at
locations approved in advance in writing by the City. Benches shall be constructed in full
accordance with the latest edition of the Florida Building Code or other applicable codes
or regulations.
2. All benches shall be constructed of first class materials. Contractor shall, at its expense,
maintain all such benches in "like new" condition during the entire term of the
Agreement and the City shall have the right to inspect such benches periodically to
determine their condition. Contractor shall replace or recondition to the satisfaction of the
City any benches that the City determines are no longer in "like new" condition.
3. The Contractor shall be authorized to provide, install and maintain, at its sole cost and
expense, high quality, expertly designed commercial advertising displays to be placed
upon bus benches approved and designated by the City. The determination of
objectionable, obscene or pornographic advertising shall be the sole right of the City and
its decision on these matters shall be final.
4. Any bus bench deemed to endanger life or property by the City Engineer, Chief Building
Official or both shall be removed within one (1) day after which notification is given by
City to Contractor.
5. All bus benches shall be placed in accordance with the provisions of the Florida
Administrative Code, as amended and Florida Statutes, Section 337.408 as amended, The
Florida Building Code, and the Americans with Disabilities Act. In addition,the location
of bus benches shall be subject to approval of the appropriate governmental agencies,
including the City, Broward County Mass Transit Division, and the Florida Department
of Transportation.
6. All bus benches shall meet the accessibility criteria for persons with disabilities as set out
in federal, state and local law and regulations including but not limited to, Florida Statute
Sections 337.408 and 553.503, as amended. Contractor shall install accessible concrete
sidewalk pathways from the roadway edge of pavement to the bus benches and from
behind or beside the benches to an existing sidewalk abutting a right-of-way. All benches
of any kind must provide raised dividers to discourage sleeping on any bench. The size of
benches shall be approved in writing by the City. The Contractor shall be responsible for
applying for and obtaining all necessary building permits and paying all fees for the bus
benches. The Contractor, its qualifier or both, shall be responsible for requesting and
passing all necessary inspections.
14
The Contractor agrees to provide City up to ten percent (10%) of all bench advertising for City
and public service messages and will provide ad space in other Broward County cities which
Contractor has similar agreements to promote City events and issues. Contractor agrees to
provide a minimum of five (5) benches for City to utilize for Public Service Announcement
messages. Contractor will pay costs of production for one city advertisement per year, for each
of the five (5) benches. City will be billed by Contractor for out of pocket cost of Contractor for
additional copy/creative changes to advertisement. The City shall pre-approve in writing any
advertisement prepared by the Contractor for City advertisements.
SPECIFICATIONS
The City requires that the Contractor ensure that the bus benches meet or exceed the technical
specifications described below.
GENERAL
1. Contractor shall be familiar with applicable planning, engineering, public works
and electrical codes and comply with such codes at all times and obtain all
necessary permits.
2. All liability related to operation, construction, installation and repair of bus
benches shall be the sole responsibility of the Contractor.
3. Contractor shall obtain annual premises permits for repair and maintenance from
the City's building department, if the department requires them.
4. All benches shall be identified by a separate number to be installed on each bench
and in an area on each that is mutually selected in writing by the parties.
DESIGN QUALITIES
1. Figure 3, attached and named by reference, depict the acceptable bus bench designs.
a. All benches shall have ventilated seating for the comfort of bus patrons and shall be
constructed of top grade materials. Advertising benches shall have an integral back
design with minimum dimensions of six (6)feet wide by two (2) feet deep.
b. Benches shall be constructed of galvanized steel or other rust resistant material with
durable, abrasion resistant, electrostatic paint surface coating.
c. Stainless steel connections shall be provided when secured to the concrete pad, and
utilize cover plates. Hardware shall be tamper resistant.
d. Seating shall accommodate a minimum of three (3)persons by use of a seating bench
with dividers to discourage sleeping on such benches.
e. Benches shall have a trash receptacle of appropriate size containing the same
characteristics as the bench design.
f. Bus benches must include the Contractor's name and business telephone number,
displayed in a visible location, in an area not to exceed 12 square inches.
ADVERTISING PANEL
1. The advertising display shall be displayed on the front side of the seatback integral to
each installation.
2. The advertising display shall be no greater than six (6) feet wide by two (2) feet deep.
PLACEMENT
1. A minimum of a six(6) foot setback from the adjacent roadway or edge of driveway shall
be maintained. In curbed roads, a minimum of a thirty six (36) inch setback from the back
of curb shall be maintained.
2. A minimum of a three (3) foot sidewalk clearance shall be maintained.
3. Benches shall not be located within twenty five (25) feet of right of way intersection
comers, any fire hydrant, fire or police call box or any other emergency facility.
4. No bench shall be placed in the median of a divided roadway.
5. Only one (1)bench per bus stop will be allowed unless otherwise directed by the City.
16
EXHIBIT"TWO"
ADVERTISING CONSENT
I. The Contractor is responsible for production and marketing services for all
advertisements. The Contractor will use its best efforts to sell advertising space and operate a
fully staffed business office to manage this effort.
2. The Contractor must be capable of acquiring both local and national advertising
contracts.
3. Advertisements that include, but not limited to,the following content shall be prohibited:
a. Advertisements promoting the sale of alcohol within 500 feet of a church, school
or playground.
b. Advertisements promoting tobacco and other adult-related products or services
that are not lawfully available to minors.
C. Advertisements containing sexual or excretory subject matter.
d. Advertisements that contain false or grossly misleading information.
e. Advertisements that infringe on copyright or trademark rights.
f. Advertisements that promote or are likely to incite imminent unlawful activity.
g. Advertisement that promote the sales of firearms.
h. Advertisements that contain profanity,promote or depict violence.
i. Advertisements that falsely disparage one or more persons,products, or
companies.
j. Advertisements relating to Dania Beach election candidates.
j. Advertisements that may be disruptive to vehicles or pedestrians using the public
right-of-way,whether due to reflectorized material, blinking or flashing lights, noise, or
other special effects.
k. Advertisements that interfere with the efficient and safe operation of the City or
County transit system.
4. The Contractor will screen potential advertisements for compliance with these
restrictions, and when applicable remove prohibited advertising.
17
5. The Contractor will comply with generally accepted industry principles and all applicable
laws and regulations including but not limited to Outdoor Advertising Association of America
(OAAA),truth in advertising, copyrights, and trademarks.
6. Contractor will remove all dated advertising materials within five (5)calendar days from
its expiration date. Dated advertising materials refer to advertising materials that are relevant to a
specific time period or relevant to an event that occurs on a date certain.
7. Contractor will fill all unsold advertising spaces in bus shelters with full size, high quality
posters, or with graphics on bus bench, advertising the space as available. Posters and graphics
will provide full contact information of the Contractor. Alternatively,the City may negotiate
with the Contractor for the display of Public Service Announcements in unsold ad spaces.
8. Advertisements of a political or editorial or election nature either for a specific
candidate(s)or an issue(s) are to comply with Florida and City campaign laws.
18
EXHIBIT"THREE"
BUS BENCH LOCATIONS
AND
PHOTOGRAPH
19
Face Location
08-0118.1 Griffin Rd 15 ft W/O Old Griffin Rd NS NW/F
08-012.1 Griffin Rd 60 ft W/O SW 33rd Ave SS NW/F
08-013.1 Griffin Rd 50 ft E/O SW 31 st Ave SS NW/F
08-014A.1 Griffin Rd 20 ft W/O SW 35th Ave NS SEIF
08-0148.1 Griffin Rd 20 ft W/O SW 35th Ave NS SEIF
08-016.1 Griffin Rd 350 ft W/O Ravenswood Rd SS NW/F
08-017.1 Griffin Rd 150 ft W/O SW 40th Ave NS SEIF
08-018.1 Griffin Rd 25 ft E/O SW 43th Terr NS SEIF
08-020.1 Griffin Rd 30 ft W/O SW 30th Ave NS SEIF
08-022.1 Griffin Rd 75 ft E/O 1-95 SS NW/F
08-023.1 Griffin Rd 75 ft W/O SW 24th Ave NS SEIF
08-024.1 Griffin Rd 70 ft E/O sw 28th Terr SS NW/F
08-025.1 Griffin Rd 75 ft E/O SW 40th Ave SS NW/F
08-026.1 Griffin Rd 75 ft W/O Ravenswood Rd NS SEIF
08-033A.1 Ravenswood Rd 20 ft N/O Gulfstream Way ES SW/F
08-035.1 Ravenswood Rd 30 ft N/O Tigertail 81vd ES NW/F
08-038.1 Ravenswood Rd 20 ft S/O Griffin Rd ES SW/F
08-039A.1 Ravenswood Rd 100 ft S/O Griffin Rd WS NE/F
08-050A.1 SR 84 200 ft E/O SW 29th Ave SS NW/F
08-056.1 Stirling Rd 50 ft W/O Anglers Ave NS SEIF
08-057.1 Stirling Rd 50 ft W/O N 29th Ave NS SEIF
08-059.1 Stirling Rd 30 ft E/O SW 45 Way NS SEIF
08-060.1 Stirling Rd 60 ft W/O Lake Shore Dr NS SEIF
08-089.1 SR 84 25 ft E/O SW 26th Terr SS NW/F
08-090A.1 SR 84 200 ft W/O 195 Overpass NS SEIF
08-091A.1 Ravenswood Rd 10ft S/O Tigertail 81vd WS NEfF
08-092.1 Griffin Rd 20 ft EfO SW 38th Ave SS NWfF
08-094.1 Stirling Rd 250 ft E/O 56th Ave NS SW/F
08-097A.1 Dania 8each 81vd 500 ft W/O US1 SS NW/F
08-0978.1 Dania 8each 81vd 500 ft W/O US1 SS NW/F
08-100.1 Griffin Rd 50 ft E/O SW 43rd Terr SS NW/F
08-101 .1 Griffin Rd 200 ft E/O SW 35th Ave SS NW/F
08-102.1 Griffin Rd 50 ft E/O SW 30th Ave SS NW/F
08-103.1 Griffin Rd 20 ft E/O SW 32th Ave NS SEIF
08-104.1 Griffin Rd 30 ft E/O SW 38TH TERR NS SEIF
08-108.1 Phippen-Waiters Rd S/O SW 2nd Place ES SEIF
08-110.1 SW 12 (Ely 81vd) Ave EfS 25 ft N/O SW 6th St EIF
08-111 .1 US 1 W/S 300 ft S/O Griffin Rd N/F
Standard Half-Arm Bench
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Topic#625-000-015 May-2007
Menual of Uniform Minimum Standards
for Design,Construction and Maintenance
for Streets and H!.qN ays
CHAPTER 13
PUBLIC TRANSIT
A INTRODUCTION
All usual modes of transportation (autos,trucks, transit vehicles, rails, aircraft,water craft,
bikes, pedestrian) should be considered when planning, designing, and constructing the
surface transportation system. Where there is a demand for highways to serve vehicles,
there could also be a demand for public transit or public transportation. Public transit
should be considered in all phases of a project,including planning,preliminary design and
engineering, design, construction, etc. Coordination with the appropriate public transit
provider(s)will help determine the need for and justification of bus bays on a project-by-
project basis. With the recent passing of various legislation, multimodalism is the ultimate
goal. The integration of public transit street side facilities along with pedestrian and bicycle
facilities furthers the implementation of this goal.
Planning and designing for public transit is important because it is an integral part of the
overall surface transportation system. Public transit is defined as passenger transportation
service, local or regional in nature, that Is available to any person. It operates on
established schedules along designated routes or lines with specific stops and is designed
to move relatively large numbers of people at one time. Public transit includes bus, light
rail, and rapid transit. Public transportation is similar in definition because it serves the
general public,it also includes non-fixed route services that are door-to-door or parstransit
services.
With rising levels of congestion resulting in the use of new strategies to effectively and
efficiently manage mobility,there is an increased demand for accessible and user friendly
public transit. New strategies include increased emphasis on public transit and new
emphasis on Transportation System Management (TSM), as well as Transportation
Demand Management(TDM). TSM is the use of low cost capital improvements to increase
the efficiency of roadways and transit services such as, retiming traffic signals or
predesignating traffic flow. TDM focuses on people reducing the number of personal
vehicle trips,especially during peak periods. TDM includes the promotion of alternatives to
the single occupant vehicle, including public transportation, carpooling, vanpooling,
bicycling, walking, and telecommuting, as well as other methods for reducing peak hour
travel.
RiNic Transit 13:1
Topic#625-000-015 May-2007
Manual of Uniform Minimum Standards
for Design,Construction and Maintenance
for Streets and Highways
Federal and State legislation provide the stimulus for planning,designing,and constructing
a fully integrated transportation system benefiting the traveling public and the environment.
IExamples of legislation include the Safe,Accountable,Flexible,and Efficient Transportation
Equity Act—A Legacy for Users (SAFETEA-LU), The Americans with Disabilities Act of
1990 (ADA), and The Clean Air Act Amendment of 1990 (CAAA). In response to this
legislation, the surface transportation system should provide for concurrent use by
automobiles, public transit and rail, and, to the extent possible, bicycles and pedestrians.
Throughout the entire process, coordination with transit as If it were a utility is essential.
B OBJECTIVE
There are a number of methods to efficiently develop a coordinated surface transportation
system. Coordination among agencies is necessary during the planning and design stages
to Incorporate transit needs and during the construction phase for re-routing bus (and
complementary pedestrian)movements and for actual transit agency specific requirements
(e.g., bus stop sign replacement, shelter Installations, etc.). For planning purposes, the
state and local Transportation improvement Program (TIP) should be referenced.
Additionally,Individual transit authorities have five year Transit Development Plans(TDPs)
that are updated annually. The TDP can be used as a guide for planned transit needs
along existing and new transportation corridors so transit consideration and transit
enhancements can be Incorporated where appropriate.
Public Transit 1
Topic#625-000-015 May-2007
Manual of Uniform Minimum Standards
for Design,Construction and Maintenance
for Streets and Highways
C TRANSIT COMPONENTS
CA Stops and Station Areas
Where new bus stop pads are constructed at bus stops,bays,or other areas where
a lift or ramp is to be deployed,they shall have a firm,stable surface,minimum clear
length of 96 inches (measured from the curb or vehicle roadway edge), minimum
clear width of 60 inches(measured parallel to the vehicle roadway)to the maximum
extent allowed by legal or site restraints, and shall be connected to streets,
sidewalks,or pedestrian paths by an accessible route. The slope of the pad parallel
to the roadway shall, to the extent practicable, be the same as the roadway. For
water drainage, a maximum slope of 1:50 (2%) perpendicular to the roadway is
allowed. In cases where there are no sidewalks or curbs, bus stop pads may be
necessary to allow the wheelchair passengers to board or alight from a transit
vehicle. Coordination with the appropriate public transit provider(s) is necessary.
C.2 Shelters
Every public transit system has different needs with regards to shelters and
corresponding amenities (e.g., benches, information kiosks, leaning posts, trash
receptacles, etc.). Shelter foundation and associated pad size vary from stop to
stop based on right of way availability, line of sight, facility usage, etc. New or
replaced bus shelters shall be installed or positioned as to permit a wheelchair or
mobility aid user to enter from the public way and to reach a location therein having
a minimum clear floor area of 30 inches by 48 Inches,entirely within the perimeter of
the shelter. Such shelters shall be connected by an accessible route to the boarding
area provided under C.1 Stops and Station Areas,this Chapter. Coordination with
the appropriate public transit provider(s)Is necessary. All shelters should provide a
location for a bicycle rack. Shelters should be installed at locations where demand
warrants installation and In accordance with clear zone criteria in CHAPTER 3 —
GEOMETRIC DESIGN (C.10.e and Table 3-12)of this Manual.
C.3 Benches
Bench placement should be in an accessible location (i.e., not on the far side of a
drainage ditch from the actual bus stop), but appropriately out of the path of travel
on a sidewalk. Connection between the sidewalk and/or bus stop pad should be
provided. Coordination with the Public Transportation Office and the local public
transit provider(s) is necessary.
Pub ransit 3,3
Topic#62&000-015 May-2007
Manual of Uniform Minimum Standards
for Design,Construction and Maintenanos
for Streets and Highways
C.4 Concrete Bus Stop Pads
Although not always practical, there are situations where concrete bus stop pads
should be incorporated into the pavement design of a project. Frequent stopping
transit vehicles in a particular location is an example where concrete pads may be
warranted.
C.5 Bus Bays (Pullout or Turnout Bays)
In some situations,turnout bays for transit vehicles are appropriate(i.e.,consistent
slow boarding, layover needs, safety reasons, high speed traffic, etc.). Bus bays
can be designed for one or more buses. Coordination with the Public
Transportation Office and/or the local public transit provider(s)will help determine
the need for and justification of bus bays. When possible, bus bays should be
located on the far side of a signalized Intersection. The traffic signal will create the
critical gap needed for bus re-entry into traffic, There are several publications
available which provide additional design information for transit system applications.
The Department District Public Transportation Office(s)maintains a library of these
publications.
C.6 Promote Public Transit
All citizens and businesses in the State of Florida are encouraged to promote public
transit. This can be done in many ways,from providing employees reduced fares to
providing route maps and schedules. Work with your local transit agency to provide
service to large employment areas and major attractions. Assist local transit
agencies In providing such things as bus lanes,park and ride lots and easements for
bus shelters and bicycle parking. Encourage businesses or neighborhoods to hold a
"Commuter Choices Week"and Invite your transit agencies to provide information
on the advantages of using transit. "Commuter Choices Week"Is a state sponsored
event that promotes alternative transportation in the work place (walk, bike, bus,
transit, telecommuting).
Vubillo Transit 13-4