HomeMy WebLinkAboutR-2024-085 Insite Martin Media Agreement - Bus Bench AdvertisingRESOLUTION NO.2024-�'J
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
WAIVE COMPETITIVE BIDDING FOR BUS STOP SHELTER ADVERTISING,
MAINTENANCE AND REPAIR SERVICES UTILIZING FLORIDA STATUTE
337.408 ENTITLED "REGULATION OF BUS STOPS, BENCHES, TRANSIT
SHELTERS, STREET LIGHTS POLES, WASTE DISPOSAL RECEPTACLES,
AND MODULAR NEWS RACK WITHIN RIGHT-OF-WAY" AND TO ENTER
INTO AN AGREEMENT WITH INSITE MARTIN STREET ADS, LLC;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City is requesting approval to waive competitive bidding for bus bench
advertising, repair and maintenance services utilizing Florida Statute 337.408 which allows a
municipality or county the ability to authorize the installation, without public bid, of benches and
transit shelters together with advertising displayed thereon within the right-of-way limits of such
roads; and
WHEREAS, the City has utilized this service from Insite Martin Street Ads, LLC for over
10 years and is fully satisfied with the level of service; and
WHEREAS, the proposed agreement includes a 30 percent increase in the rate over the
previous one, representing roughly a $2,700.00 increase in annual revenue to the City; and
WHEREAS, this agreement would be in effect for 10 years, with a renewal option of five
years. The proposed contract is projected to generate approximately $11,852.52 in the first year's
annual revenue and increase by two percent (2%) annually over 10 years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed to be true
and correct, and they are made a part of and are incorporated into this Resolution by this reference.
Section 2. That the proper City officials authorize approval to utilize Florida Statute
337.408 and to enter into an Agreement with Insite Martin Street Ads, LLC (d/b/a Insite Street
Media), which Agreement is attached as Exhibit "A" and is incorporated into this Resolution by
this reference.
Section 3. That all revenues from this agreement shall be allocated to Streets Repair
and Maintenance Services Street Account No. 001-39-06-541-46-60 approved annual budget
appropriations.
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are repealed to the extent of such conflict.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 Resolutionshallbe effective 10 days after passage.
PASSED AND ADOPTED on UUr)k IS7 , 2024.
Motion by tom m . 3C�mc\S , second byy\14 C,e �V,-- r i_ewel "
FINAL VOTE ON ADOPTION: Unanimous �✓
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
ATTEST: NSA B
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ELORA ARCHIB D YAW IV
CITY CLE 6 MAYOR
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APPROVED AS TO FORM AND CORRECTNESS:
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2 RESOLUTION #2024- ! 7
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND
INSITE MARTIN STREET ADS, LLC (D/B/A INSITE STREET MEDIA) TO
PROVIDE MAINTENANCE OF CITY-WIDE BUS BENCHES AND TRASH
CANS SERVICES
This is an Agreement (the "Agreement") existing between the City of Dania Beach,
Florida, a Florida municipal corporation (the "City") and Insite Martin Street Ads, LLC (d/b/a
Insite Street Media, a foreign limited liability company registered to conduct business in Florida
(the "Contractor") with its principal mailing address of 15303 Ventura Blvd, Suite 1490, Sherman
Oaks, CA 91403 pursuant to Florida Statutes Section 337.408, for providing City-wide bus bench
maintenance.
WHEREAS, this Agreement reflects bus stops and cleaning services one (1) time per week,
for all locations as further described in Exhibit A.
In consideration of the mutual covenants, terms and conditions contained in the
Amendment, and other good and valuable consideration, the adequacy and receipt of which are
acknowledged and agreed upon, the parties agree as follows:
ARTICLE 1.0
SERVICES AND RESPONSIBILITIES
1.1 The Contractor's responsibilities to the City under this Agreement are to provide
maintenance of City-wide bus benches and trash cans services as further described in the Scope
of Services in Exhibit "A", a copy of which is attached to, made a part of and is incorporated into
this Agreement by this reference.
1.2 Contractor represents to City with full knowledge that the City is relying upon these
representations when entering into this Agreement with Contractor, that Contractor has the
expertise, experience and work force sufficient to timely perform the services to be provided by
Contractor, pursuant to the terms of this Agreement.
1.3 The Contractor further represents to the City that it is properly licensed under all
applicable federal, state and local agencies to provide the services specified under this Agreement.
If any of the Contractor's licenses are revoked, suspended or terminated for any reason by any
governmental agency, Contractor shall notify the City immediately.
1.4 Contractor guarantees all services and shall immediately correct any defects, or any
deficiencies associated with those services, which may appear upon written notification by the
City.
1.5 Pursuant to Florida Statutes 337.408(1), Benches, including advertising displayed
on benches, may be installed within the right-of-way limits of any municipal, for the comfort or
convenience of the general without public bid, of
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Benches together with advertising displayed thereon within the right-of-way limits of such roads.
All installations shall be in compliance with all applicable laws and rules, including, without
limitation, the Americans with Disabilities.
1.6 The City grants to Contractor the right to display appropriate advertising, as
identified in the attached Exhibit `B," 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
"C", 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 C, accordingly. Contractor shall be
responsible for obtaining all permits for the installation of the bus benches.
1.7 The styles of the bus benches have been selected and approved by the City (see
Exhibit C, 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 prior written approval from the City.
1.8 At all tines, 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 one
time per week, or as often as reasonably required 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.
1.9 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.
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1.10 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 payment of the cost of removal and storage of the bench, removal of the pad,
and storage, if applicable, and restoration of the site.
1.11 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.
1.12 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.
1.13 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.
1.14 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 "D", 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.
1.15 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
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Contractor's expense.
Although the City has the right to request removal, the total number of authorized
benches shall remain as provided above.
1.16 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.
1.17 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.
1.18 Contractor agrees to remove any graffiti that may be placed on any bus benches
within three (3) days of written notification from the City.
1.19 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.
ARTICLE2.0 TERMS AND CONDITIONS
2.1 TERM: The term of this Agreement shall be for a ten (10) year contract from date
first appearing above.
2.2 RENEWAL: In the event City determines the Contractor to be in full compliance
with this Agreement and Contractor's performance to be satisfactory, then City, at its sole option,
may renew this Agreement for an additional five (5) year term under the same terms and conditions
of this Agreement by mutual consent, in writing, by both parties.
2.3 In the event the services are scheduled to end either by expiration or by
termination by the City (at the City's sole discretion), the Contractor shall continue the
services, if requested by the City, until new services can be provided by an alternate
Contractor chosen by the City. At no time shall this transitional period extend for more than
one hundred twenty (120) days beyond the expiration date of the existing Agreement. The
Contractor will be reimbursed for those services at the rate in effect when this transitional
period clause is invoked by the City.
2.4 Both parties agree that the Agreement includes 28 bus stops and benches and A
maintenance schedule for each bus stop and bench of one (1) time per week or as often as
reasonably required.
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ARTICLE 3.0
TERMINATION OR SUSPENSION OF AGREEMENT
3.1 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.
3.2 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.
3.3 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.
3.4 When the City terminates this Agreement, the Contractor shall not be entitled to
receive any further payment until the services are completed and approved by the City.
i. All damages, costs and charges incurred by City shall be deducted from
any monies due or which may become due to Contractor. In case of
damages and expenses so incurred by the City shall exceed the unpaid
balance, then Contractor shall be liable and shall pay to the City the
amount of such excess.
ii. If, after Notice of Termination or Suspension of Contractor's right to
proceed, it is determined for any reason that Contractor was not in
default, the rights and obligations of the City and Contractor shall be
the same as if the Notice of Termination had not been issued, pursuant
to the Termination for Convenience clause as set forth below.
3.5 TERMINATION BY EITHER PARTY FOR CONVENIENCE. Either the City or
the Contractor may terminate this Agreement for convenience upon fifteen (15) day's advance
notice to the other party (delivered by certified mail, return receipt requested), of intent to
terminate and the date on which such termination becomes effective. In such case, if the City
terminates for convenience, the Contractor shall be paid for all acceptable services performed
prior to the termination and shall not be entitled to any other costs, fees or payment.
3.6 SUSPENSION OF AGREEMENT BY CITY FOR CAUSE. The City may order
the Contractor in writing to suspend or delay services, in whole or in part, for such period of
time as deemed necessary by the City, if the Contractor fails to maintain all insurance
coverage required under this Agreement. Any delay in the services caused by a lapse in
coverage shall be deemed non -excusable, shall not be grounds for a time extension, and shall
be subject to any other applicable provisions under this Agreement concerning Contractor
delay.
3.7 SUSPENSION BY THE CITY FOR CONVENIENCE.
A. The City may, without cause, order the Contractor in writing to suspend or delay services,
in whole or in part, for such period of time as the City may determine, and the Contractor
shall be entitled to an appropriate time extension.
B. If such suspension exceeds thirty (30) consecutive days, Contractor may also be entitled
to an adjustment in the contract sum for increases in cost of performance of the Contract,
resulting directly from the suspension or delay, including reasonable profit on such increased
cost; provided however, that no adjustment will be made to the extent:
i. that performance is, was, or would have been so suspended or delayed
by another cause for which Contractor is responsible;
ii. that the Contractor fails to adequately document the costs increase;
iii. that the Contractor would have incurred the cost increase regardless
of the suspension or delay; or
iv. that an equitable adjustment is made or denied under another
provision under this Agreement.
ARTICLE4.0 COMPENSATION AND METHOD OF PAYMENT
4.1 Contractor shall pay a fixed, per unit monthly fee as identified in Exhibit E
for all City bus benches, per month, or a base fee of $22.97, per bench/$987.11/per month, or
twenty percent (20%) of net profits, whichever is greater. There shall be an annual increase
of two(2) Percent, per bench. 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 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.
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4.1 City's acceptance of services shall constitute a waiver of all claims by the City,
except for any or all claims arising from the guarantee in this Agreement, unsettled liens,
lawsuits, deficiencies or faulty services appearing after final payment is made to the
Contractor for such services. The acceptance of payment shall constitute a waiver of all claims
against City by the Contractor.
4.2 Contractor shall, before any final payment is made by City, provide City copies
of releases of all liens from any and all subcontractors, materials' providers and the like, who
or which supplied or furnished any labor, services or materials that were used in the
performance of the services. Contractor shall then furnish the City with a "No Lien Affidavit",
if applicable. Final payment shall be made upon submission by the Contractor of evidence
satisfactory to the City that all payrolls, materials' bills and other costs incurred by the
Contractor in connection with the services, have been paid in full, and after all guarantees and
specifications for products, materials, or both, incorporated into the services that appear in
this Agreement, have been furnished to and found acceptable by the City.
ARTICLE5.0
CHANGES IN SCOPE OF SERVICES
5.1 City or Contractor may request changes that increase, decrease or otherwise
modify the services, as described in this Agreement. These changes may affect the
compensation, and, if so, they must be described in a written Amendment to this Agreement,
executed by the authorized agents of both of the parties, prior to any deviation from the terms
of this Agreement. In no event will Contractor deviate or permit deviation from, the services
described in Exhibit "A" attached to this Agreement without the City's advance written
consent.
ARTICLE6.0 PROTECTION OF CITY'S PROPERTY
6.1 At all times during the performance of this Agreement, the Contractor shall protect
the City's property and the property of others, from all damage whatsoever on account of
Contractor's performance of the requested services.
ARTICLE 7.0 INDEMNIFICATION
7.1 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 agents, elected officials and employees 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 arising out of or resulting or claimed to have resulted
in whole or in part from any actual or alleged act or omission of the
Contractor, anyone directly or indirectly employed by it, or anyone
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for whose acts any of them may be liable in the performance of the
services;
(b) any violation of law, statute, ordinance, governmental administrative
order, rule, regulation, or infringement of patent rights by Contractor in
the performance of the services;
(c) liens, claims, actions made by the Contractor or any other authorized parry
performing the services;
(d) claims of whatsoever nature related to collection practices or any actions
of a contradictory nature pursuant to contract or in an attempt to collect
monies due or claimed to be due to the City.
ARTICLE8.0 INSURANCE
8.1 The Contractor shall not commence any services under the Agreement until
Contractor has obtained all insurance required under this Article, and not until such time that the
coverages are approved by the Risk Manager of the City. The Contractor shall not allow any
employee of it or any Subcontractor to commence any services on any subcontract until the
Subcontractor and all coverages required of any Subcontractor have been obtained and approved
by the Risk Manager of the City. In addition, the Contractor shall be responsible for any and all
policy deductibles and self -insured retentions.
8.2 All certifications of insurance must clearly identify the Agreement to which they
pertain, including a brief description of the subject matter of the Agreement. Insurance policies
for required 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-VII in the
latest edition of the "Best's Key Rating Guide", published by A.M. Best Guide. In the event that
the insurance carrier's rating shall drop, the insurance carrier shall immediately notify the City in
writing.
8.3 Coverages shall be in force until all services required to be performed under the
terms of the Agreement are satisfactorily completed as evidenced by the formal written acceptance
by the City. In the event insurance certificates provided to City indicate that the insurance shall
terminate and lapse during the period of the Agreement, then in that event, the 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 coverages for the balance of the period of the
Agreement. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT
PERFORM OR CONTINUE ANY SERVICES PURSUANT TO THE AGREEMENT,
UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY
IN THE SERVICES CAUSED BY A LAPSE IN COVERAGE SHALL BE NON -
EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE
SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE
AGREEMENT CONCERNING THE CONTRACTOR'S DELAY.
8.4 The below coverages are minimum limit requirements. Umbrella or Excess
Liability policies are acceptable to provide the total required liability limits, as long as the Risk
Manager of the City reviews and approves in writing the insurance limits on each of the policies.
The City must approve any changes to these specifications and has the right to review and amend
coverage requirements. The Contractor shall be held responsible for any modifications, deviations,
or omissions in these insurance requirements.
8.5 GENERAL LLABILITY INSURANCE is to include bodily injury, broad form
property damage, products and completed operations, blanket contractual liability with limits of
no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars
($2,000,000.00) annual aggregate. Annual Aggregate shall apply "Per Job"
8.6 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE: (to he
confirmed on or attached to the Official Certificate of Insurance) 30 Days' Notice of
Cancellation or modification to City (if not available on the insurance policies, then Contractor
has responsibility for notification); and "The City of Dania Beach, Florida" is named as an
Additional "Named" Insured; The products and completed operations coverage shall apply for the
City as additional "named" insured for a period of no less than five (5) years following: the
completion of the Project. Contractor's products and completed operations policy shall have no
time limitation on the coverages for the City's additional "named" insured status. Additional
insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG
2037 (07 04), Contractor's insurance shall be primary and non-contributory; and Waiver of
Subrogation in favor of the City.
8.7 WORKERS' COMPENSATION INSURANCE shall be maintained by
Contractor and any Subcontractors during the term of the Agreement, and it is to apply to all
"statutory employees" of the Contractor (as that phrase is defined by Chapter 440, Florida
Statutes), in compliance with the "Workers' Compensation Law" of the State of Florida and
all applicable federal laws, for the benefit of the Contractor, its employees, and
Subcontractors. In the case any services are sublet as otherwise addressed in the Agreement
or RFP Documents, the Contractor shall require any Subcontractors similarly to provide
Workers' Compensation Insurance for all of the latter's employees, in addition to any coverage
afforded by the Contractor, by furiishing statutory limits Part A.
8.8 Employer's Liability Part B shall be in an amount of no less than One Million
Dollars ($I ,000,000.00) each accident, and One Million Dollars ($1,000,000.00) annual
aggregate. In no event shall the Contractor be permitted to utilize in the prosecution of the
services, the following:
any employee, subcontractor or subcontractor employees, who is
exempted or purported to be exempt from Workers' Compensation
insurance coverage; or
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any employee, subcontractor or subcontractor employees, who will
be covered by an employee leasing arrangement.
8.9 SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION
INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance)
30 Days' Notice of Cancellation or modification to City
(if not available on the insurance policies, then Contractor has
responsibility for notification); and
® Waiver of Subrogation in favor of the City.
8.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with
combined single limits of no less than One Million Dollars ($1,000,000.00) per occurrence,
and no less than Two Million Dollars ($2,000,000.00) annual aggregate, to include coverage
for owned, hired, and non -owned vehicles.
8.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY
INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance)
"The City of Dania Beach, Florida" is named as an Additional "Named" Insured;
30 Days' Notice of Cancellation or modification to City (if not available
on the insurance policies, then Contractor has responsibility for notification); and
• Waiver of Subrogation in favor ofCity.
• If any subcontractor is used for any portion of any services, then such
subcontractor shall provide all insurance coverages as the Contractor.
8.12 The Contractor shall hold the City, its agents and employees, harmless on account
of claims for damages to persons, property or premises arising out of the operations to perform
the services. The City reserves the right to require Contractor to provide and pay for any other
insurance coverage the City deems necessary, depending upon the possible exposure to liability.
Current Certificates of Insurance shall be provided and on file with the City at all times.
ARTICLE 9.0 INDEPENDENT CONTRACTOR
9.1 This Agreement does not create an employee/employer relationship between the
parties. Contractor agrees that it is not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act, minimum wages' laws and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
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Unemployment Tax Act, the provisions of the Internal Revenue Code, the Florida Workers'
Compensation Act, and the Florida unemployment insurance law. The Contractor shall retain sole
and absolute discretion and exercise its judgment as to the manner and means of carrying out
Contractor's activities and responsibilities toward completion of services. Administrative
procedures applicable to services rendered under this Agreement shall be those of Contractor,
which policies of Contractor shall not conflict with City, H.U.D., or United States policies, rules
or regulations relating to the use of Contractor's funds provided for in this Agreement. The
Contractor agrees that it is a separate and independent enterprise from the City, that it has full
opportunity to find other business, that it has made its own investment in its business, and that it
will utilize a high level of skill necessary to perform the services. This Agreement shall not be
construed as creating any joint employment relationship between the Contractor and the City and
the City will not be liable for any obligation incurred by Contractor, including but not limited to
unpaid minimum wages, overtime premiums or both.
ARTICLE 10.0 BANKRUPTCY
10.1. It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or
involuntarily, then this Agreement shall terminate effective on the date and at the time the
bankruptcy petition is filed. Upon such filing of Bankruptcy, Contractor will automatically be in
default of this Agreement and provisions of Article 3 will be enforced at City's discretion.
ARTICLE 11.0
DEFAULT OF AGREEMENT AND REMEDIES
11.1 In case of any default by Contractor, the City shall notify the Contractor in
writing of such default and direct Contractor to comply with all terms and conditions of this
Agreement. If Contractor does not timely cure such default within seven (7) days after notice
was sent by City, City may declare a default of this Agreement, and may notify the Contractor
of such declaration of default in writing and terminate the Agreement.
12.1 VENUE; FEES. All claims, counterclaims, disputes and other matters in
question between City and Contractor arising out of, relating to or pertaining to this
Agreement, or the breach of it, or the services of it, or the standard of performance required
in 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, the parties shall resort
to mediation.
If mediation is unsuccessful, any such matter may be determined by litigation in a
court of competent jurisdiction in Broward County, Florida, or the Federal District Court of
the Southern District of Florida and appropriate appellate courts for such venue and
11
jurisdiction. In any litigation, the parties agree to each waive any trial by jury of any and all
issues. In the event of any litigation which arises out of, pertains to, or relates to this
Agreement, or the breach of it, or the standard of performance required in it, each party shall
bear its own attorney fees and costs.
12.2 Operations During Dispute. In the event that a dispute, if any, arises between
the City and the Contractor relating to this Agreement, or its performance or compensation,
the Contractor agrees to continue to render service in full compliance with all terms and
conditions of this Agreement as required by the City until the dispute is resolved.
ARTICLE 13.0 MISCELLANEOUS
13. 1 Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement. Further,
the rule that a contract shall be interpreted strictly against the party preparing same shall not
apply to this Agreement due to the joint contributions to it of both parties.
13.2 Signature of this Agreement by the Contractor shall also act as the execution of a
truth -in -negotiation certificate certifying that the wage rates, over -head charges, and other costs
used to determine the compensation provided for in this Agreement are accurate, complete and
current as of the date of the Agreement and no higher than those charged the Contractor's most
favored customer for the same or substantially similar service. The rates and costs shall be adjusted
to exclude any significant sums should the City determine that the rates and costs were increased
due to inaccurate, incomplete or non -current wage rates or due to inaccurate presentation of fees
paid to outside contractors. The City shall exercise its rights under this clause within three (3)
years following final payment.
13.3 Any of Contractor's employees who may come into contact with the public shall
perform their duties in an efficient and courteous manner. Contractor shall insure all its personnel
are courteous and cooperative and present a neat, clean and professional appearance at all times.
Failure of an employee to do so shall be grounds for the City to demand his or her removal from
their duties. Contractor shall provide the City with the name and telephone number of a
management person who will be on call at all times for emergencies or other matters related to
the operations under this Agreement.
ARTICLE 14.0 ASSIGNMENTS AND AMENDMENTS.
14.1 This Agreement, and any interests in it, shall not in whole or in part be assigned,
subcontracted, transferred in any way or otherwise encumbered, under any circumstances, by
Contractor without the prior written consent of City. For purposes of this Agreement, any change
of ownership of or controlling interest in Contractor shall constitute an assignment which requires
City approval. Violation of the terms of this paragraph shall constitute a breach of this Agreement
by Contractor and City may, in its discretion, cancel this Agreement and all rights of Contractor
under this Agreement will terminate.
12
14.2 It is further agreed that no modification, amendment or alteration of the terms or
conditions contained in this Agreement shall be effective unless contained in a written document
executed by the authorized agents of the parties.
ARTICLE 15.0
NO CONTINGENT FEES.
15.1 Contractor warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Contractor to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual
or Contractor, other than a bona fide employee working solely for Contractor any fee, commission,
percentage, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of this provision, the City shall have the right to
terminate the Agreement without liability and, in its discretion, to deduct from the Agreement
price, or otherwise recover the full amount of such fee, commission, percentage, gift or
consideration.
ARTICLE 16.0 NOTICES
16.1 Whenever any party desires to give notice to the other party, it must be given by
written notice, sent by certified United States mail, with return receipt requested, addressed to the
party for whom it is intended. The places for giving notice shall remain as set forth below until
they have been changed by written notice in compliance with the provisions of this section. For
the present, the Contractor and the City designate the following as the respective persons and
places for giving of notice:
City: Ana M. Garcia, ICMA-CM, City Manager
City of Dania Beach, Florida
I00 West Dania Beach Boulevard
Dania Beach, Florida 33004
Copies to: Eve A. Boutsis, City Attorney
City of Dania Beach, Florida
100 West Dania Beach Blvd.
Dania Beach, FL 33004
Contractor: Insite Street Media
15303 Ventura, Blvd, Suite 1490
Sherman Oaks, CA 91403
Municipal@InSiteSM.com
ARTICLE 17.0 PUBLIC RECORDS
17.1 Contractor shall maintain books, records, documents and other evidence directly
pertinent to performance of work under this Agreement in accordance with generally accepted
accounting principles and practices. The Contractor shall also maintain the financial information
and data used by the Contractor in the preparation of support of any claim for reimbursement for
13
any out-of-pocket expense or cost. The City shall have access to such books, records, documents
and other evidence for inspection, audit and copying during normal business hours. The Contractor
will provide proper facilities for such access and inspection. Audits conducted under this section
shall observe generally accepted auditing standards and established procedures and guidelines of
the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have
application to records or documents pertaining to this Agreement and Contractor acknowledges
that such laws have possible application and agrees to comply with all such laws.
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.
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.
Upon completion of the Services under 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 Contractor 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.
Any compensation due to Contractor shall be withheld until all records are received
as provided in this Agreement.
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.
Section 119.0701(2)(a), Florida Statutes
IF THE CONSULTANT 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: ELORA RIERA, MMC
CITY CLERK
100 W. Dania Beach
Boulevard Dania Beach,
Florida 33004 954-924-9800,
Ext. 3624
eriera(a,d aniabeachfl.gov
14
ARTICLE 18.0 BINDHNG AUTHORITY
18.1 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 whom he or she is signing and is authorized to bind and obligate such party with respect
to all provisions contained in this Agreement.
ARTICLE 19.0 HEADINGS
19.1 Headings in this Agreement are for the convenience of reference only and shall
not be considered in any interpretation of this Agreement.
ARTICLE 20.0 SEVERABILITY
20.1 If any provision of this Agreement or application of it to any person or situation shall
to any extent be held invalid or unenforceable, 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 fall force and effect,
and shall be enforced to the fullest extent permitted by law.
ARTICLE 21.0
ALL PRIOR AGREEMENTS SUPERSEDED
21.1 This Agreement incorporates and includes all prior negotiations, correspondence,
conversations and understandings applicable to the matters contained in this Agreement, and the
parties agree that there are no commitments, agreements or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms of this Agreement shall be predicated upon any prior representations or
agreements, whether oral or written.
21.2 The Contractor understands and agrees that the City, during any fiscal year, is not
authorized to expend money, incur any liability, or enter into any contract which, by its terms,
involves the expenditure of money in excess of the amounts budgeted as available for expenditure
during such fiscal year and that any contract, verbal or written, made in violation of this subsection
is null and void and that consequently, no money may be paid on such contract beyond such limits.
Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding
one (I) year, but any contract so made shall be executed only for the value of the services to be
rendered or agreed to be paid for in succeeding fiscal years. Contractor shall not proceed with
services under this Agreement without City's written verification that the funds necessary for Contractor
compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year
budget.
ARTICLE 22.0 EXTENT OF AGREEMENT
22.1 This Agreement represents the entire and integrated Agreement between the
City and the Contractor and supersedes all prior negotiations, representations or agreements, either
written or oral.
15
ARTICLE 23.0 WAIVER
23.1 Failure of the City to insist upon strict performance of any provI s 1 on 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.
ARTICLE 24.0 CONFLICT
24.1 In the event there is a conflict between any of the terms in any of the documents
contained in any Exhibit to this Agreement and any terms of this Agreement, the terms of this
Agreement shall prevail.
ARTICLE 25.0 OWNERSHIP
25.1 It is agreed that the benches provided under this Agreement will remain
property of the Contractor and on the terminating of this Agreement shall be removed
by the Contractor, unless otherwise agreed to by the parties in writing.
ARTICLE 26.0 PROPERTY TAX
26.1 The parties agree and expressly confirm that the City has conferred upon the
Contractor certain exclusive license rights to use municipal lands in connection with, and
solely in accordance with, the terms of this Agreement. The Contractor has no leasehold,
tenancy, or any other interests or rights of any nature whatsoever in any real property of
the City in connection with the execution, delivery, and performance of this Agreement
by the parties. Further, the City shall not impose any form of occupancy or property tax
of any kind on the Contractor associated with the bus benches installed under this
Agreement.
SIGNATURES ON THE FOLLOWING PAGES
16
IN WITNESS OF THE FOREGOING, the parties have executed this Agreement effective as of
2024.
ATTEST:
ELORA RIERA, MMC
CITY CLERK
APPROVED AS TO LEGAL FORM:
EVE A. BOUTSIS
CITY ATTORNEY
CITY:
CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
ARCHIBALD J. RYAN IV, MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
17
CONTRACTOR:
WITNESSES: Insite Martin Street Ads, LLC (d/b/a Insite
Street Media, a foreign limited liability
company registered to conduct business in
Florida
Signature Signature
PRINT Name PRINT Name
Signature Title
PRINT Name Date
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, on , 2024, by
as of Insite Martin Street
Ads, LLC (d/b/a Insite Street Media, a foreign limited liability company registered to conduct
business in Florida, on behalf of the company He/she is personally known tome or has produced
as identification.
NOTARY PUBLIC
State of
My commission expires:
EXHIBIT "A"
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
prov1s10ns 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
19
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.
The Contractor agrees to make accessible to the City (upon 30 days
written notice), 10% of the unsold, available benches for use by the
City, free of charge for public service messages or advertising for
municipal purposes. The City will be responsible for the cost of
designing, producing, and supplying such public service messages
to the Contractor. The Contractor will be responsible for installing
and removing the messages. The Contractor will install the City
messaging on the 15' of the month following the date of receipt of
a final copy of the City messaging. The Contractor will install the
City promotional messaging as a part of its regular posting
procedures. Signs will be installed and removed only on the 151' of
each month following the date of receipt of a finished copy of the
City messaging.
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.
20
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 searing 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.
21
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.
22
EXHIBIT "B"
ADVERTISING
CONSENT
1. 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.
23
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 benches 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.
24
104:1100WC�]Y
BUS BENCH LOCATIONS
AND
PHOTOGRAPH
Face Location
631000501
Griffin Rd
15 ft W/O Old Griffin Rd NS, NW/F
Dania Beach, FL
631000510
Griffin Rd
60 ft W/O SW 33rd Ave SS, NW/F
Dania Beach, FL
631000520
Griffin Rd
50 ft E/O SW 31st Ave SS, NW/F
Dania Beach, FL
631000530
Griffin Rd
20 ft W/O SW 35th Ave NS,SE/F
Dania Beach, FL
631000540
Griffin Rd
20 ft W/O SW 35th Ave NS,SE/F
Dania Beach, FL
631000550
Griffin Rd
350 ft W/O Ravenswood Rd SS, NW/F
Dania Beach, FL
631000560
Griffin Rd
150 ft W/O SW 40th Ave NS,SE/F
Dania Beach, FL
631000570
Griffin Rd
25 ft E/O SW 43th Terr NS,SE/F
Dania Beach, FL
631000580
Griffin Rd
30 ft W/O SW 30th Ave NS,SE/F
Dania Beach, FL
631000590
Griffin Rd
75 ft E/O 1-95 SS, NW/F
Dania Beach, FL
631000600
Griffin Rd
75 ft W/O SW 24th Ave NS,SE/F
Dania Beach, FL
631000610
Griffin Rd
70 ft E/O SW 28th Terr SS, NW/F
Dania Beach, FL
631000620
Griffin Rd
75 ft E/O SW 40th Ave SS, NW/F
Dania Beach, FL
631000630
Griffin Rd
75 ft W/O Ravenswood Rd, NS,SE/F
Dania Beach, FL
631000640
Ravenswood
Rd
20 ft N/O Gulfstream Way ES, SW/F
Dania Beach, FL
631000650
Ravenswood
Rd
30 ft N/O Tigertail Blvd ES, NW/F
Dania Beach, FL
631000660
Ravenswood
Rd
20 ft S/O Griffin Rd ES, SW/F
Dania Beach, FL
631000670
Ravenswood
Rd
100 ft S/O Griffin Rd WS, NE/F
Dania Beach, FL
631000680
SR 84
200 ft E/O SW 29th Ave SS, NW/F
Dania Beach, FL
631000690
Stirling Rd
50 ft W/O Anglers Ave NS,SE/F
Dania Beach, FL
631000700
Stirling Rd
50 ft W/O N 29th Ave NS,SE/F
Dania Beach, FL
631000710
Stirling Rd
30 ft E/O SW 45 Way NS,SE/F
Dania Beach, FL
631000720
Stirling Rd
60 ft W/O Lake Shore Dr NS,SE/F
Dania Beach, FL
631000730
SR 84
25 ft E/O SW 26th Terr SS, NW/F
Dania Beach, FL
631000740
SR 84
200 ft W/O 195 Overpass NS,SE/F
Dania Beach, FL
631000750
Ravenswood
Rd
10 ft S/O Tigertail Blvd WS, NE/F
Dania Beach, FL
631000760
Griffin Rd
20 ft E/O SW 38th Ave SS, NW/F
Dania Beach, FL
631000770
Stirling Rd
250 ft E/O 56th Ave NS, SW/F
Dania Beach, FL
631000780
Dania Beach
Blvd
560 ft W/O US1 SS, NW/F
Dania Beach, FL
631000790
Dania Beach
Blvd
500 ft W/O US1 SS, NW/F
Dania Beach, FL
631000800
Griffin Rd
50 ft E/O SW 43rd Terr SS, NW/F
Dania Beach, FL
631000810
Griffin Rd
200 ft E/O SW 35th Ave SS, NW/F
Dania Beach, FL
631000820
Griffin Rd
20 ft E/O SW 32th Ave NS,SE/F
Dania Beach, FL
631000830
Griffin Rd
30 ft E/O SW 38TH TERR NS,SE/F
Dania Beach, FL
25
631000840
Phippen-
S/O SW 2nd Place ES,SE/F
Dania Beach, FL
Waiters Rd
631000850
SW 12 (Ely
25 ft N/O SW 6th St, E/F
Dania Beach, FL
Blvd) Ave E/S
631000860
US 1 W/S
300 ft S/O Griffin Rd, N/F
Dania Beach, FL
631000870
Stirling Rd N/S
25 ft E/O 5701 BLK, S/F
Dania Beach, FL
631000880
Stirling Rd N/S
400 ft E/O SW 32nd Ter, S/F
Dania Beach, FL
631000890
US 1 W/S
100 ft S/O SW 1st St, E/F
Dania Beach, FL
631000900
US 1 E/S
100 ft N/O SE 1 st St, W/F
Dania Beach, FL
631000910
Dania Beach
Blvd S/S
100 ft W/O SE 2nd Ave, N/F
Dania Beach, FL
631000920
US 1 E/S
1 60 ft S/O Old Griffin Rd, W/F
Dania Beach, FL
26
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27
EXHIBIT "D"
FLORIDA DEPARTMENT OF TRANSPORTATION "COMFORT AND
CONVENIENCE BENCHES -UNIFORM GUIDELINES"
wI
20
29
Topic# 625-000-015
Manual of Uniform Minimum
Standards forDesign,Construction
andMaintenance far Streets and
Hiehways
CHAPTER 13 PUBLIC
TRANSIT
A INTRODUCTION
May-2007
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 providers(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, multimodal 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 oft he 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 Para transit 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
(TOM). 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. TOM
focuses on people reducing the number of personal vehicle trips, especially during peak periods.
TDM hncludes 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.
30
Federal and State legislation provide the stimulus for planning, designing, and constructing a fully
integrated transportation system benefiting the traveling public and the environment.
Examples of legislation include the Safe, Accountable, Flexible, and Efficient Transportation
Equity Act - A Legacy for Users (SAFETEA-L U), 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, bench 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 TOP 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.
Topic# 625-000-015
ManualofUnifonnMinimum
Standards for Design, Construction
and Maintenance for Streets and
Hi wa s
31
May-2007
C TRANSIT. COMPONENTS
CA Stops and Station Areas
Where new bus stop pads are constructed at bus stops, bays, or other areas where a 11ft or
ramp is to be deployed, they shall have a firm, stable surface, mininmrn 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 tlae wheelchair
passengers to board or alight from a transit vehicle. Coordination with the
appropriate public transit provider(s) is necessary.
Manual.
C.2 Benches
Bench placement should be in an accessible location (Le., 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.
Public Transit
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C.3 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 warranterL
CA 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, highspeed traffic, etc.). Bus bays can be
designed for one or more buses. Coordination with the
Public Transportation Office andlor 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 Offece(s)
maintains a library of these publications.
C.5 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 benches 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).
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I90,4:I10.118
Year
Price
Annual Revenue
Comment
2024 (Current)
$17.67
$9,117.72
Rate increased April
2024
Proposed Rate
$22.97
$11,852.52
30% increase from
current rate
2025
23.42
$12,084.72
2% annual increase
2026
23.88
$12,322.08
2% annual increase
2027
24.35
$12,564.46
2% annual increase
2028
24.83
$12,812.28
2% annual increase
2029
25.32
$13,065.12
2% annual increase
2030
25.82
$13,323.12
2% annual increase
2031
26.33
$13,586.28
2% annual increase
2032
26.85
$13,854.60
2% annual increase
2033
27.38
$14,128.08
2% annual increase
*Price is per bench, per month (43 benches)
*10-year agreement with an optional 5-year extension
* Expected City Revenue Over 10 Years $129,593.26
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