HomeMy WebLinkAboutR-2022-107 Insite Martin Outdoor, LLC Second and Final One-Year Extension of Agreement for Installation of Bus Benches with Signage RESOLUTION NO. 2022-107
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PURSUANT TO SECTION 337.408, FLORIDA
STATUTES, AUTHORIZING A SECOND AND FINAL, 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,
2022, AND EXPIRING MAY 31, 2023; 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$760.00 per month, whichever is greater; and
WHEREAS, in 2021, the City Commission authorized the first of two possible one-year
extensions; and
WHEREAS,the Contractor desires to enter into the second and final one-year extension;
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, pursuant to the Agreement, Contractor was required to pay the City an
advance fee of$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;
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 the second and
final one-year extension to the agreement with Insite Martin Outdoor, LLC, a registered limited
liability company in Florida, retroactive to June 1, 2022, 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 July 12, 2022.
ATTEST: 0148E4
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i��/�s •���.�i �., f i` •
THOMAS SCHNEIDER, CMC \ TAMARA JA S
CITY CLERK q ti MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
E E . BOUTSIS
C T ATTORNEY
2 RESOLUTION#2022-107
gross advertising revenues, per unit, or a total
of$760.00 per month, whichever is greater; and
WHEREAS, in 2021, the City Commission authorized the first of two possible one-year
extensions; and
WHEREAS,the Contractor desires to enter into the second and final one-year extension;
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, pursuant to the Agreement, Contractor was required to pay the City an
advance fee of$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;
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.
SECOND AND FINAL 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 and First Extension is attached as
composite 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 1,2022, for a one(1)year period up to and including
May 31,2023.
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.
2. That the Agreement was renewed for a first of two one-year extensions on June 28,2021.
3. That the Agreement is renewed for a second and final time,retroactively to June 1, 2022 and it shall
remain in effect up to and including May 31,2023.
4. That the terms and conditions of the Agreement will remain the same throughout the term of this
Extension of it.
5. That in all other respects,the Agreement is ratified and reaffirmed and remains in full force and effect.
SIGNATURES ON THE FOLLOWING PAGES
3 RESOLUTION#2022-107
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;
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.
IN WITNESS OF THE FOREGOING, the parties have executed this Extension on
,2022.
CITY:
CITY OF DANIA BEACH,FLORIDA,
ATTEST: a Florida municipal corporation
THOMAS SCHNEIDER, CMC TAMARA JAMES
CITY CLERK MAYOR
APPROVED FOR FORM AND ANA M.GARCIA,ICMA-CM
CORRECTNESS: CITY MANAGER
EVE A.BOUTSIS
CITY ATTORNEY
4 RESOLUTION#2022-107
CONTRACTOR:
InSite Martin Outdoor,LLC
a Florida Limited Liability Company
Signature Signature
PRINT Name PRINT Name
Signature TITLE
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of 0 physical presence or 0
online notarization,on ,2022,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
My Commission Expires:
5 RESOLUTION#2022-107