Item #18 Approval of Bus Bench Agreement
AGENDA ITEM COVER SHEET
Contact Name:
Contact Number:
Meeting Date: May 6, 2008
Item # ~
Reviewed By:
Department Director:
Russ Wagner, AICP
(407) 905-3100, ext
1016
City Manager:
Subject: Bus Benches Ag..eement
Background Summary:
On April 16, 1996, the City entered into a 12 year agreement with the West Orange Jaycees,
MADD of Central Florida, and the Boys and Girls Club of Central Florida (the "Clubs") to permit
placement of bus benches throughout the community. (See attached Proposal-Agreement). The
benches were to be placed as a community service project to benefit the general traveling public
and to provide revenue for the organizations through the sale of advertising on the backrest of
each bench. The agreement pertaining to the bus benches expired on April 16, 2008
Over the last several years the City has been approached by various companies wishing to place
bus shelters throughout the community in an attractive setting, The current agreement has
precluded any other groups from providing additional facilities.
Staff believes that the best approach to provide bus shelters and benches throughout the City is to
solicit proposals through an RFP process which will ensure that design and placement
corresponds to City Standards to enhance the community's neighborhoods, commercial corridors
and, particularly, the CRA.
Issue:
Should the Mayor and City Commissioners choose not to renew the bus benches agreement and
require removal of all benches from City controlled rights-of-way by August 16, 2008?
Recommendations:
Staff respectfully recommends that the Mayor and City Commissioners direct the City Manager to
notify the "Clubs" that the bus bench agreement with the City has expired and will not be renewed,
that all existing benches are to be removed from City maintained rights-of-way by August 16,
2008, and further, that the City Manager is hereby authorized to prepare an RFP for the
placement of bus benches within City's rights-of-way,
1
Attachments:
Proposal Agreement - 1996
Financial Impact:
Type of Item: (please mark with an "x'?
Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
X Discussion & Direction
For Clerk's Deot Use:
_ Consent Agenda
Public Hearing
_ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
N/A
N/A
N/A
O:\Staff Reports\2008\SR080027 _RBW _BusBenchesAgreement_ CC.doc
2
199Co
PROPOSAL. AGREEMEl\'T
WHEREAS, it is evel)'where recognized. that physical rest' .essenwp.11o human well being as
well as welcomed by all people, the CITY OF 0 DEE Loa. f if (T
, hereinafter eferred to as the "City," has detennined
that the installation and presence of a public seating service within the corporate limits of the City would
fulfill a collaternl public transportation need and be of continuing benefit to the general traveling public,
and to others, and
. . .... .... .WJ-I];Rf.A.S,the(;ityisC~gedmth thePllblic interestatldapcording}Y, I.IS a proprietal)'
function is (iesirous af havingPlacedwithinitscorporatelimits,attransitstopsandlor at other points of
pedestrian convenience or necessity, benches desigiled for comfortable seating in order that such benches
may inure to the convenience and enjO}'IIlent of those who use public transportation, and of others; and
WHEREAS, the WEST OMi{GE- ~A,{CEESj (YlA:Db of ~
FLC'l'2..lbA, AND ilIE &\is ANb GIRLS Cl.uR d3 CE~ FLOf<lbA
.
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
genernl 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.Thequbs,theirsuc~rsand.~gns,slu1Uil:lStalIand at all times . h~reUIlder shaUcontinue to
furnish benches, as hereiliafterprovided, uponpublicspac:e \\ithiIl 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 est.'iblish a ppl)lic seating senice within the City for the benefit of the general tJaveling
public as well as fortA(;~efitofOtl1ers. The public.seating servicesluUl be without rost to the City,
however,~ordcr10f\i11d~seMce,thec::I11bs,thei:t $UCCCSsorsandassigns, . shall have therigbt to
lease di.s})lay space on$3id benches;. ashetei.tiatler provided, for both public senice and commercial
messages.
2. Benches placed within the corporate limits afthe City, as herein provided, shall be governed by and
subject to the following genernlcriteria:
a. No bench shallbe more than forty-three (43) inches high nor more than seventy-four (74)
inche1i long nOr more tha.n twentyoeight (28) inches Vride.
b, Construction shall be of concrete and wood or of equivalent materials.
c. Benches shall be placed at transit5tops andlor at other points of pedestrian convenience or
necessity andsuchpl~Il1ent shallbesubjcct toreview by the City so. that no. benchshall be
permitted to cause a public: sidewalk to be closed to pedestrian passage OTto create a hazard
or to otherwise be detrimental to the public safety.
d. No bench, unless othern1se authorized., may be placed so that the angle of its long diversion
in relation to the curb line shall be greater than forty-five (45) degrees, and no bench,
unless othen't'ise authorized may be placed so that it is closer than eighteen (18) inches to the
face of the curb.
e. Not more than one (1) bench displaying a cummercial message or intended for the display of
a commercial message shall be pennitted 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 reasoIlll.bly exercised, then,
upon notice to the Clubs such message shall forthwith be removed. by the Clubs.
Should any bench fail to confonn 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 arc the subject of this proposal shall remain the property of
the Clubs or of their senice 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 pro~ide 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 ThouSlUld
Dollars ($100,000.00) for property damage and if and when such minimwn amounts become deficient
in the judgment of the City reasonably exercised, then such amounts shall be appropriately increased
upon the v,Titten request of the City. Further, within the above stated insurance limits, the ~ubs 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 ofbencl1es 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 tben
the remaining Club or Clubs shall v.ithin 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 Clubs 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, tenninate the rights and obligations created by the acceptance oft11is proposal
upon the giving of ninety (90) days notice in writing to the Clubs. Should such termination dilly
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 othexv/ise given pursuant to the agreement created by the
acceptance oftms proposal by the City it shall be in writing, sent by registered or certified mail, to the
relevant principal office(s) 'lith return n:reipt(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 agreemeI\t.aftd, tfiel'ee:fler, 36 lell.., 1l51:Rl;l 'JtHl3, or citilcr 6f1hem IBGhllting
SliGG1l5SQFS, iflUl3". 5~eMe.l ti.", publi", ....dt11lf) JeM8e 8staBY&1l1%! "(''"('in, tl:leu, liRa in that ~'~Dt, ~ach.. ..L
,~l?ts 'il"q 9llligMioM sllaii Jclf e.lffeRel iHld. RAt'''' for lit\' p,.rinti. wHhnnt r('WictigRS in I1"mhPr . ~
upea t.B8 Eamll ti~, ElQ':0RaAt:& aM S9):lrlifinm: O~? ",/
10. Should anyone 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 Vtithout 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 acceptrnce of this proposal by the City supersedes all prior
negotiations, understanding, representations or agreements between the parties hereto, whether
",Titten or oral, with respect to the subject matter contained herein and 1\'ith respect to the area
intended hereunder.
12. The effective date of the agreement created by the acceptance oftms 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 flTSt 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 ",itll a seating service company to implement
and to 115sume responsibility for perfonnance 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 ~me 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 mE PRESENCE OF: j ) + ^ r1--
w t"5 VrCiVlj _ cr/ c ~ e 5
~ Cllf:; II /
By V~L_~
ATTEST: : V&Rl!- President
Secre . /IftJ~ t:'J~ ('Gv/~~~/~H
r~t-R01/u~.ir6'~J
&.ea- (1ua ,,;? ~<Al'- ~M
\~~..
ATIEST:~
Secretary
LUiU-L
ATIEST: h1~ ~
Secretary
Club
ATTEST:
Secre1:aIy
President
~
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ATTE~ir: : :::
1 Clerk
Date of Acceptitlce by Cil)' of &J Cw
CITY OF DeGEE ~ Ft..,dL1 nft- I'
By;;5:~'::u-4k,A ;)J-
Mayor s. Scott vandergrifrr
O-fJ (rat f lP (g
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CityAttorney . ...... ... .......
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Approved by Ocoee City Commission
on.~ IG . 1996 under
Agen a I tem No. ..:ICt 1) .
WEST ORANGE JAYCEES
P. P.BOX 770619
WINTER GARDEN, FLORIDA 34777
MADD OF CENTRALF'LORIDA, INC.
1720 ORANGE AVENUE
ORLANDO, FLOtUDA 32801
BOYS & GIRLS CLUBS OF CENTRAL FLORIDA, INC.
801 NORTH MAGNOLIA AVENUE
ORLANDO, FLORlDA 32801
CITY OF OCOEE
150 NORTIlLAKEsHORE DRIVE
OCOEE, FLORIDA 34761