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Exh 8CAGENDA ITEM #8C SEPTEMBER 10, 2001 CITX OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Contract for Advertising on Bus Stop Benches in Atlantic Beach SUBMITTED BY: Jim Hanson,~ityM DATE: September 4, 2001 BACKGROUND: The City Commission of Atlantic Beach in 1981 authorized entering into a contract with Metropolitan Systems Inc and the Jacksonville Jaycees to place benches with advertising at various bus stops in Atlantic Beach. The contract was originally for afive-year term with automatic renewal provisions. The benches have been in existence for approximately 20 yeazs. Many of the benches aze in a state of disrepair and do not reflect well upon the City of Atlantic Beach. Even in good repair, advertising on benches distracts from the image of the community and presents a cluttered appeazance. With a recent emphasis on improving the Mayport Road Corridor and enforcement of the City's sign code, particularly with respect to dilapidated signs, it would seem appropriate to replace these benches with newer ones that do not have public advertising. To do this would require giving written notice to Metropolitan Systems Inc of the City's intent to cancel the contract. They have been made awaze of the staff's intent to bring this issue to the Commission for cancellation for several months. BUDGET: It is anticipated that the cost to the City to replace these benches would be in the range. of $5,000, depending on the type of bench chosen. Use of some of the state recycling grant money maybe an appropriate source of funding. Ifnot, we anticipate that this expense could be absorbed in the normal operating budget. RECOMMENDATION: That the City Commission vote to cancel the contract with Metropolitan Systems Inc. and the Jacksonville Jaycees Inc because a failure to comply with Pazagraph 5 requiring that the benches be maintained in "a good and substantial state of repair," and because they detract from the image of the community. ATTACHMENT: Contract between City of Atlantic Beach and Metropolitan Systems Inc and the Jacksonville Jaycees Inc dated July 27, 1981. AGENDA ITEM #8C SEPTEMBER 10, 2001 PROPOSAL t•7H EREAS, the CITY OF ATLANTIC BEACH, FLORIDA, hereinafter referred to w s the "City," has determined that benches placed for the covenience and accommodation of the general traveling pub•1 is to provide a public service and fulfill a collateral public ~~ transportation need; and - WHEREAS, theCity is Charged with a public interest and, accordingly, as a proprietary function, is desirous of having ~ .. placed within its corporate limits, at transit stops and/or other - points of pedestrian convenience, benches designed for the benefit of the public health and comfort in order that such benches may inure to the convenience of its citizens; and WHEREAS, METROPOLITAN SYSTEMS, INC.,a corporation, herein- after referred to as "Metro," is~engaged in the buiness of manu- facturing and plac ing benches upon which it leases advertising rights; and t•7HE REAS, the JACKSONVILLE JAYCEES, INC., hereinafter referred to as~the "Club," is desirous of sponsoring as a. civic project for the benefit and accommodation of the public the placement of benches at transit stops and/or other points of pedestrian conven- fence within the corporate limits of the City and, to that end, has entered into an agreement with Ale tro; I70t7, THEREFORE,~the Club and Metro do make the following proposal to the City, whereby the said desires of the City and of the Club and of Metro can be followed: 1. Metro, its successors and assigns, right, pr ivil~ege, and license, granted by the cost to the City, place benchesof a concrete upon public space within the corporatelimits constituted or hereafter enlarged) at various and/or othe r. points of pedestrian convenience permitted. >hall have the City, to, without and wood structure of the City (as now transit stops as hereinafter 2. For and in cons id eration o£ the grant of the above right, privilege and license b7e tro shall, during the term of said grant and any extensions~or renewals thereof, place and maintain benches within the corporate limits of the City and shall have the £u rther right, privilege and license, granted by the City, to lease advertising space on said benches, provided that such adve rtis ing shal 1. not be of an alcoholic beverage or of an immoral .nature or be otherwise objectionable in the judgment of the City. The City, however, shall not be unreasonable in the exercise of this judgment. . 3. The placement of be nches~as provided for herein shall ~~ be subject to review by the City so that no bench shall be per- . - mitted to obstruct passage along any public way or to create a hazard or otherwise be detrimental to the public safety, welfare, morals or health. A. All benches placed within the corporate limits of the - City, as provided for herein, shall be yoverned by the following criteria: (a) No bench shall be more than forty-three (43) inches " high nor more than seventy-four (74) inches long nor more than twenty-eight (28) inches wide. (b) No advertising affixed thereon shall appear other than on the front or rear surface of the backrest area of the bench and shall not be greater than six (6).feet in length nor two (2) feet in height. AGENDA ITEM #8C SEPTEMBER 10, 2001 72. Should any provision herein be for any rcason_found to be in valid, it is understood and asrced that such Condition shall not in any wise affect any other provision. 13. And the further conditions: 2•letro agrees to indemnify, save and,: hold harmless the City, its officers, agents or employees, from and against all claims, damages, losses and expenses, including reason- ableattorney fees, arising out of or resulting from any claim or action that may arise from bodily injury, sickness or death, orinjur to or destruction of property, caused in whole or in part by the negligence or wrongful act or omission of 36etro in the selection, construction, placement, maintenence or use of said benches. _ CLUB~f/~, 1,~ r}// ,{ / Pres3flent , ATTEST: //' 2,..V//yL • ri •'/,•vl~ ~,('i7 Secretary ~ (/ MET RyO P//O~~yIT~ ~S~Y%S/T/,E~MS, INC. Sy ~ ~/-C~~~ fwd/`~ (SEAI ' ~Qssr, µcE-president ATTEST: ~~^-'~ ~~~tK~ Secretary ATTESTI'~/~///s ~J~ ~~GC~ City Glerk GIT Y t]~tftic Beach Florida B (S EAI 4a/c_ DATE OF AGGEPTANGE BY CITY OF Atlantic Beach, Florida ~~(~' ' July 27, 1981 ` I, ADELAIDE R. TUCKER, CITY CLERK OF THE CITY OF ATLANTIC BEACH, D0 HBREBY. CERTIFY THIS TO BE A TRVE AND CORRECT COPY OF THE PROPOSAL ACCEPTED BY .THE CITY COMMISSION ON JULY 27, 1981. -THE PROPOSAL IS BHTWEEN ATLANTIC ,. BEACH, METROPOLITAN SYSTEMS, ZNG AND THE JACXSONVILLE JAYCEES. WITNESSETH my hand an.; official seal of the City ofAtlantic Beach, Florida this iho 27th day of July,A.D., 1981. ~~=~ ~ ~~ Adelaide R. Tucker City Clerk . 0 AGENDA ITEM #8C SEPTEMBER 10, 2001 (c) •-xo bench, unless otherwise authorized, may be placed so _ • that the angle of its long diversion in relation to the curb line shall be greate rthan thirty degrees (3b°), and no bench, unless otherwise authorized, may be placed so that it is closer than eighteen (18) inches to the face of the curb. (d) Idot more than one (1) bench shall be permitted at a - particular location without adequate reason shown. .~ Should any bench fail to conform to the above criteria or should a proae rty owner object to the presence of a bench abutting ~~ his property then the City may order the removal of such bench and, that failing, may remove same at .the expense of Metro. / 5. Metro shall maintain said benches in a good and substan- tial state of repair. 6. t•;e tro shall at all times ma intain pub lie li ab ility insurance; the insurance shall be in the minimum amount of One Hundred Thousand Dollars ($100,000.00) for individual injury and Three Hundred Thousand Dollars ($300,060.00) for more than one injury resulting from one accident and Five Thousand Dollars ($5,000.00) for property damage. The City shall be named insured and shall be given thirty (30) days written notice prior to cancellation of such insurance. This contract shall not be in force unless and until a valid Certificate of Insurance is on file with the City. 7. The City shall reserve the right to, upon notice to ` the tro, order the removal of any particular bench which the City in its good judgment believes not to be located to the public benefit. Provided, however, that this right shall not be abused by the City. Should Ate tro fail to remove such bench then the City may remove same at the expense of Metro. 8. The program for the placement and maintenance of benches established by the acceptance of this proposal shall be sponsored by the Club, and the benches shall be referred to as the Club benches. Further, the benches shall remain the sole pr operty .b£ tae tro and may be removed by Metro upon the expiration of the rights, privileges and license grantedherein or any extensions ' - ~. orrenewalshereof. 9. It is expressly understood and agreed that the rights, privileges and license granted to Metro by the City by the accep- tance of this proposal shall remain in force and effect for a period,offive (5) years from the date of such acceptance, and so long as Metro performs as set forth in theforegoing conditions, then such rights, privileges and license shall be automatically renewed for similar periods. 10. ~ Should Metro be found 'to be in default of any of the conditions herein, it shall be given notice in writing and a reasonable time to correct same. In the event that Metro should fail to correct such default within a reasonable time after receipt of notice of same the City may, at its option, terminate the rights, privileges and license created by the acceptance of this proposal. Should such termination duly occur then b;etro shall be allowed an~additional six (6) month period to remove. its benches. 11. Notice of any deficiency or default of Metro or of the Club shall be given by the City jointly at the offices of tfetro and of the Club.