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HomeMy WebLinkAboutIII (D) Approval and Authorization for Mayor and City Clerk to execute Contract with West Orange Jaycees for Advertising Park Benches AGENDA 4-16-96 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item III D Ocoee ,.JLll,. vnonicAL,nir 0 COMMISSIONERS tpv CITY OF OCOEERUSTY SCOTTANDERSOON v0 150 N.LAKESHORE DRIVE SCOTT A.GLASS V OCOEE,FLORIDA 34761-2258 JIM GLEASON 'lJ •X (407)656-2322 �� CITY MANAGER OF GOO' ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISS NERS FROM: D.W. FLIPPEN, BUILDING AND ZONING OFFICIAL b.,7-71 DATE: APRIL 10, 1996 SUBJECT: PROPOSAL-AGREEMENT BETWEEN THE CITY OF OCOEE AND THE WEST ORANGE JAYCEES, MADD OF CENTRAL FLORIDA AND THE BOYS AND GIRLS CLUB OF CENTRAL FLORIDA ISSUE Should the Honorable Mayor and Board of City Commissioners enter into an agreement with a private company to install benches at public transportation locations and place advertisements on the backrest of the benches? BACKGROUND/DISCUSSION The Board of City Commissioners gave directions to the Building and Zoning Official at the Commission meeting of February 20, 1996. The directions were to proceed with the approval of an agreement with the West Orange Jaycees that would provide benches at public transportation locations at no cost to the City and permit the West Orange Jaycees to sell advertising spaces on the backrest of the benches. For your information and review, a copy of the proposed agreement is attached. Our City Attorney, Mr. Paul Rosenthal, has reviewed the proposal-agreement. RECOMMENDATION The Protective Inspections Staff recommends that the Honorable Mayor and Board of City Commissioners approve this proposal- agreement with the West Orange Jaycees for the installation of park benches at public transportation locations with the right to sell advertising space on the backrest of the benches. DWF/sas/826 PROPOSAL- AGREEMENT WHEREAS,it is everywhere recognized that physical rest is essential to human well being as well as welcomed by all people,the CITY OF C7 COEE ,hereinafter referred to as the"City,"has determined that the installation and presence of a public seating service within the corporate limits of the City would fulfill a collateral public transportation need and be of continuing benefit to the general traveling public, and to others,and WHEREAS,the City is charged with the public interest and accordingly,as a proprietary function is desirous of having placed within its corporate limits,at transit stops and/or at other points of pedestrian convenience or necessity,benches designed for comfortable seating in order that such benches may inure to the convenience and enjoyment of those who use public transportation,and of others;and r WHEREAS,the WEST' 0g.�4�1GE- JIAYCEES+ mAbb C.�E�Ti of 2Rt- PLo2tDA� ANb 714E &NS AAA GIRLS CwR eF CEKne, FtsD21bA hereinafter collectively referred to as the"Clubs"or,where individually indicated,the"Club,"are desirous of sponsoring or cosponsoring as a community project for the benefit and accommodation of the general traveling public,and of others,the placement of benches at transit stops and/or at other points of pedestrian convenience or necessity within the corporate limits of the City. NOW,THEREFORE, in consideration of the premises,the Clubs join in making the following proposal to the City,whereby,upon the acceptance of such proposal by the City,the said desires of the City and of the Clubs can be realized: 1. The Clubs,their successors and assigns,shall install and at all times hereunder shall continue to furnish benches,as hereinafter provided,upon public space within the corporate limits of the City(as now constituted or hereafter enlarged)in a quantity sufficient,in the judgment of the City reasonably exercised,to establish a public seating service within the City for the benefit of the general traveling public as well as for the benefit of others. The public seating service shall be without cost to the City, however,in order to fund such service,the Clubs,their successors and assigns,shall have the right to lease display space on said benches,as hereinafter provided,for both public service and commercial messages. 2. Benches placed within the corporate limits of the City,as herein provided,shall be governed by and subject to the following general 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. Construction shall be of concrete and wood or of equivalent materials. c. Benches shall be placed at transit stops and/or at other points of pedestrian convenience or necessity and such placement shall be subject to review by the City so that no bench shall be permitted to cause a public sidewalk to be closed to pedestrian passage or to create a hazard or to otherwise be detrimental to the public safety. d. No bench,unless otherwise authorized,may be placed so that the angle of its Iong diversion in relation to the curb line shall be greater than forty-five(45)degrees,and no bench, unless otherwise authorized may be placed so that it is closer than eighteen(I8)inches to the face of the curb. e. Not more than one(1)bench displaying a commercial message or intended for the display of a commercial message shall be permitted at a particular location. f. Display space shall be restricted to the backrest area of the bench and shall not be greater than six(6)feet in length and two(2)feet in height No commercial message displayed thereon shall appear other than on the front or rear surface of such backrest area. Should any message be deemed objectionable in the judgment of the City reasonably exercised,then, upon notice to the Clubs such message shall forthwith be removed by the Clubs. Should any bench fail to conform to the above general criteria or should a property owner object to the presence of a bench abutting his property then the City may order the Clubs to remove such bench and,that failing,may remove same at the expense of the Clubs. 3. The City shall reserve the right to,upon notice to the Clubs,order the removal of any particular bench which the City,in its judgment reasonably exercised,believes not to be located to the public benefit Should the Clubs fail to remove such bench then the City may remove same at the expense of the Clubs. 4. At all times hereunder the benches which are the subject of this proposal shall remain the property of the Clubs or of their service company and the Clubs shall maintain said benches in a good and substantial state of repair. Further,the land upon which the benches are placed shall not be in the legal possession or control of the Clubs but shall be subject only to the necessary installation and maintenance of the benches. 5. The Clubs shall at all times hereunder maintain public liability insurance and shall provide the City with a Certificate of Insurance as evidence of same; the insurance shall be in the minimum amount of One Million Dollars($1,000,000.00)for individual injury and One Million Dollars ($1,000,000.00)for more than one injury resulting from one accident and One Hundred Thousand Dollars($100,000.00)for property damage and if and when such minimum amounts become deficient in the judgment of the City reasonably exercised,then such amounts shall be appropriately increased upon the written request of the City. Further,within the above stated insurance limits,the Clubs shall indemnify and save harmless the City from and against all claims,losses and expenses,including court costs and reasonable attorney's fees,arising out of or resulting from any wrongful or negligent act on the part of the Clubs,their agents,representatives and employees in the installation and maintenance of benches hereunder. 6. It is intended that the program for the placement and continued maintenance of benches established by the acceptance of this proposal by the City be quasi-commercial in nature,accordingly,such program shall be sponsored or cosponsored by the Clubs and the benches shall be referred to as the "Clubs'benches." Should a Club at any time and for any reason be compelled to withdraw as a sponsor of the public seating service established by the acceptance of this program by the City then the remaining Club or Clubs shall within a reasonable time thereafter join with another civic,service or charitable organization or organizations as sponsors of such service and the City shall be required to recognize such organization(s)as a substitute sponsor(s). 7. Should the CIubs be found to be in default of any of the conditions herein,they shall be given notice in writing and a reasonable time,not to exceed thirty(30)days,to correct same. In the event that the Clubs 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 and obligations created by the acceptance of this proposal upon the giving of ninety(90)days notice in writing to the Clubs. Should such termination duly occur,or should the rights and obligations to provide public seating as set forth herein cease for any other reason,then the Clubs shall be allowed an additional six(6)month period to remove their benches. 8. Where notice to the Clubs is required or otherwise given pursuant to the agreement created by the acceptance of this proposal by the City it shall be in writing,sent by registered or certified mail,to the relevant principal of ices)with return receipt(s)requested 9. It is expressly understood and agreed that the rights and obligations created by the acceptance of this proposal by the City shall remain in full force and effect for a period of twelve(12)years from and after the inception of such agreement and,thereafter,so long as the Clubs,or either of them including successors,if any,sponsor the public seating service established herein,then,and in that event,such rights and obligations shall self-extend and renew for like periods without restrictions in number upon the same terms,covenants and conditions. l0. Should any one or more of the provisions hereof be found invalid or unenforceable by a court of competent jurisdiction then such provision or provisions shall be null and void and shall be deemed severed from the whole and such finding shall be without effect upon the remaining provisions which remaining provisions shall continue in full force and effect provided that the rights and obligations of the parties contained herein are not materially prejudiced and that the intentions of the parties continue to be effective. 11. The agreement created by the acceptance of this proposal by the City supersedes all prior negotiations,understanding,representations or agreements between the parties hereto,whether written or oral,with respect to the subject matter contained herein and with respect to the area intended hereunder. 12. The effective date of the agreement created by the acceptance of this proposal by the City shall be one hundred and twenty(120)days from and after the date of such acceptance provided,however,that in the event that such agreement has the effect of continuing or replacing an existing public seating service within the City then such agreement shall take effect upon the acceptance of this proposal by the City. Time shall be of the essence of such agreement and the rights and privileges created under the agreement shall be exclusive to the Clubs. 13. Should the City desire to have transit shelters installed at designated transit stops within its corporate limits which shelters are to be funded by the display of commercial messages,the Clubs shall have the right of first refusal for the installation and operation of such shelters together with the display space thereon. 14. It is understood and agreed that the Clubs will contract with a seating service company to implement and to assume responsibility for performance of the agreement created by the acceptance of this proposal by the City thereby limiting the Clubs'responsibility to that of sponsorship of the seating service and that such service company shall become the guarantor and third party beneficiary of the agreement. 15. And the further conditions: IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed in their respective corporate or other proper names by the persons duly authorized to sign in their behalf. SIGNED,SEALED AND DELIVERED IN THE PRESENCE OF: /Jeff / eS/ O/ l5c T fcCes ChiPez.4-4-d-ZO ATTEST: I(t President Secreistry 44. elv P ATTEST:SCLettiCLI.f. President I" Secretary ATTEST: !/ +GLw•i /'/ / Presi Secretary C, Club ATTEST: President Secretary CITY OF OCOEE By ATTEST: Mayor S. Scott Vandergrift City Clerk Date of Acceptance by City of Approved as to form and legal sufficiency: Approved by Ocoee City Commission City Attorney on 1996 under Agenda Item No.