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Resolution 73-14128-B RESOLUTION NO. 73-14128 - 8 "A RESOLUTION GRANTING TO MALL TRANSPORT , INC. , A FLORIDA CORPORATION , AND TO ITS SUCCESSORS AND ASSIGNS , THE RIGHT TO USE THAT PORTION OF LINCOLN ROAD LYING WEST OF THE WESTERLY LINE OF WASHINGTON AVENUE TO THE EASTERLY LINE OF ALTON ROAD, OTHERWISE KNOWN AS THE LINCOLN ROAD MALL, AND THE ESTABLISHMENT OF A ROUTE NORTHERLY FROM THE LINCOLN ROAD MALL LOOPING THROUGH THE CIVIC AND CONVENTION CENTER (CONVENTION CENTER, CITY HALL, AUDITORIUM, PUBLIC SAFETY BUILDING, ETC. ) TO MOVE PASSEN- GERS BETWEEN THE MALL AREA AND THE VARIOUS FACILITIES AND PARKING AREAS OF THE CIVIC CENTER COMPLEX AND THE LINCOLN ROAD MALL, IN THE CITY OF MIAMI BEACH, AND ITS SUCCESSORS FOR AND DURING A PERIOD OF EIGHT (8) YEARS , FOR THE PURPOSE OF ESTABLISHING, OPERATING AND MAINTAINING A VEHICULAR TRANSPORTATION SYSTEM FOR TRANSPORTING PASSENGERS FOR COMPEN- SATION , IN CONFORMITY WITH AND SUBJECT TO ALL PROVISIONS , TERMS AND CONDITIONS HEREIN RECITED. " BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . GRANT - That, for the purpose of providing all persons in the City of Miami Beach (herein called the "City" ) with the benefits and advantages of a public transportation service, there is hereby granted to Mall Transport, Inc. , (herein called the "Grantee" ) , a Florida corporation with its office and place of business in the City of Miami Beach and to its successors and assigns , the right to use that portion of Lincoln Road lying west of the westerly line of Washington Avenue to the easterly line of Alton Road, otherwise known as the Lincoln Road Mall, and the possible establishment (not necessarily guaranteed) of a route northerly from the Lincoln Road Mall looping through the Civic and Convention Center (Convention Center, City Hall, Auditorium, Public Safety Building, etc. ) to move passengers between the mall area and the various facilities and parking areas of the Civic Center Complex and the Lincoln Road Mall, in the City of Miami Beach, and its successors for and during a period of eight (8) years , for the purpose of establishing, operating and maintaining a vehicular transportation system for transporting passengers for compensation, in conformity with and subject to all provisions , terms and conditions herein recited. The term "vehicular transportation system" shall mean the organized and coordinated vehicular transportation service provided for hereby, and all property owned, operated and maintained in the rendition of the right hereby granted to be at all times subject and sub- ordinate to the dominant right of the public to use that portion of Lincoln Road lying west of the westerly line of Washington Avenue to the easterly line of Alton Road, otherwise known as the Lincoln Road Mall , and the possible establishment (not necessarily guaranteed) of a route northerly from the Lincoln Road Mall looping through the Civic and Convention Center (Con- vention Center, City Hall, Auditorium, Public Safety Building, etc. ) to move passengers between the mall area and the various facilities and parking areas of the Civic Center Complex and the Lincoln Road Mall, in the City of Miami Beach, and to the lawful exercise of control by the City of Miami over the use thereof and in conformity with and subject to all provisions , terms and conditions herein- after recited. That the City hereby reserves the right at and after the expiration of this grant, as provided by the Laws of Florida in effect at the time of Grantee ' s acceptance hereof, including Section 167 . 22 of the Florida Statutes 1959 , and as a condition precedent to the taking effect of this grant, Grantee OFFICE OF CITY ATTORNEY--1120 WASHINGTON AVENUE-MIAMI MACH, FLORIDA 33139 shall be deemed to have agreed to all of the provisions of this resolution and to have given and granted such right of purchase so reserved by Grantee 's acceptance hereof, which shall be filed with the City Clerk within forty (40) days after this resolution takes effect. SECTION 2. CONSIDERATION FOR GRANT - That, for and in consider- ation of the grant by the City of all the several rights set forth in this resolution, and in consideration further of the enjoyment and exercise of such rights by the Grantee, the Grantee agrees and obligates itself to pay unto the City the following sums and amounts , subject to the terms and conditions herein stated. In full payment by the Grantee of any and all excise taxes which are or shall be levied by the City under existing or future resolutions for the privilege of using that portion of Lincoln Road lying west of the westerly line of Washington Avenue to the easterly line of Alton Road, otherwise known as the Lincoln Road Mall, and the possible establishment (not necessarily guaranteed) of a route northerely from the Lincoln Road Mall looping through the Civic and Convention Center (Convention Center, City Hall, Auditorium, Public Safety Building, etc. ) to move passengers between the Mall area and the various facilities and parking areas of the Civic Center Complex and the Lincoln Road Mall , in the City of Miami Beach, the said Grantee shall pay annually to the City, in lawful money of the United States , the sum of EIGHT THOUSAND DOLLARS ($8 , 000 . 00) , plus FIFTEEN PER CENT (15%) of gross receipts over ONE HUNDRED THOUSAND DOLLARS ($100 , 000 .00) per year, said sum of EIGHT THOUSAND DOLLARS ($8 , 000 . 00) to be payable as follows : The first payment to be made at the time of execution of the franchise agreement, the balance to be paid in equal yearly installments no later than ten (10) days after each anniversary date of the franchise. The City will permit vehicles to be parked in one of its nearby off-street parking lots at a location designated by the City. The charge shall be $300 . 00 per year for each parking space occupied. SECTION 3. RATES OF FARE - That, subject at all times to the provisions of this resolution and such changes or modifications as the City Council or such other governmental regulatory or governing authority, commission, body or agency in which rate regulatory power over the Grantee may be vested by law may make through the exercise of its rate regulatory authority, the following rates of fare shall govern and control the rendition of vehicular transportation system service hereunder: (a) Cash fare for a single trip in the same general direction between any two (2) points on said routes shall be fifteen cents (15¢) . (b) The Token System shall be used as a method of advance sales in multiples as noted for rides as follows : 10 Tokens for $1. 00 20 Tokens for $2. 00 SECTION 4 . The Tram System will be operated seven (7) days a week, from 8 : 30 A.M. until at least 11 : 00 P.M. unless otherwise agreed upon by the Grantee and the City of Miami Beach. -2- Og10E OP CITY ATT OMIT-1130 WASHINGTON AVENUI-MIAMI MACH, NORMA 33139 SECTION 5. BASE ROUTES - CHANGES IN - NEW ROUTES - OTHER ROUTES AND SERVICES - That, for the purpose of the Grantee maintaining and operating during the effective period hereof a unified vehicular transportation system and providing adequate service at all times throughout the effective period of this resolution, any base route now established by the Grantee may be changed or discontinued at the initiation of either the City or the Grantee. No such change, discontinuance or addition shall be effected, however, until thirty (30) days after the party desiring the same shall have served written notice thereof upon the other, unless both parties shall mutually agree that said thirty (30) days ' notice shall be waived or modified. In the event that the party receiving such notice shall not approve of the change, discontinuance or addition of route as proposed therein, such ,party shall forthwith file its written objections thereto with the party giving such notice. Thereupon, both parties shall make every effort to adjust their differences of opinion relative to such proposed change, discontinuance or addition of route and upon their failure to reach an amicable agreement within five (5) days from the filing of said written objections , either party shall have the right to submit all matters in dispute to the City Council which shall act in the matter by resolution. While any and all such matters in dispute are before the City Council and until it so acts in the matter the status existing prior to the occurrence of such dispute shall be maintained by both the City and the Grantee. Provided, however, that the change or discontinuance of base routes or the action of the City under this resolution shall not defeat, impair or otherwise adversely affect this grant or the purpose thereof. SECTION 6 . VEHICLE STOPS , LOADING ZONES AND PARKING SPACES - That, vehicles operated under the provisions of this resolution shall stop, upon signal, at stops designated by the City. The City will permit vehicles to be parked in one of its nearby off-street parking lots at a location and charge designated by the City. The charge shall be $300. 00 per year for each parking space occupied. SECTION 7 . VEHICLE REQUIREMENTS - That, the following general requirements shall apply to all vehicles operated hereunder: (a) No vehicles shall be operated for the rendition of any service hereunder: (1) If the condition of such vehicles, in the opinion of a duly authorized representative of the City renders it unfit for such service; hazardous to the public or noisy in operation. (2) Each vehicle, (tractor and trailer) shall have a minimum seating capacity of fourteen (14) passengers , and shall be of modern design, transit type, and propelled only by electrical power from batteries . (3) The equipment of each vehicle shall fulfill such specifications as may be required by the City from time to time including any and all additional safety devices as may be required from time to time by law. (4) All vehicles shall be painted alike according to a design and in a color or colors approved by the City. (5) On the outside of each vehicle there shall be painted in letters sufficiently large to be clearly visible from a distance of ten (10) feet: -3- ONICE OP CITY ATTORNEY-1110 WASHINGTON AVENIN-MIAMI MACH, RORIDA 3313 (aa) Fare schedule. (bb) The name of the Grantee. (cc) The identification number assigned to such vehicle by the Grantee, such number to be painted on all sides. (6) Vehicles shall not carry any displays, advertising or other matter of similar nature unless prior written approval is received from the City Manager. (7) All vehicles shall be provided NEW within 90 days after franchise inception and shall be maintained in a condition acceptable to the City. (8) The City reserves the right to require that up to ten (10) additional vehicles consisting of ten trailers and ten tractors be placed in operation during the first four years of this contract providing the extension of services beyond the Mall is implemented. (9) The City further reserves the right to require the Grantee to provide up to five (5) additional new tractor trailer combin- ations if the traffic, in the opinion of the City, warrants the increased equipment to properly serve the existing Lincoln Road Mall Route. This provision shall be in force up to the fifth year of operation. SECTION 8 . CITY INSPECTION OF VEHICLES - That, all vehicles operated hereunder shall be maintained in good repair so that they will be suitable and safe at all times for operation in public service. The Grantee shall permit the City to make such inspections of vehicles as the City shall deem necessary in the public interest, and shall comply in every respect with the pro- visions of all ordinances relating to the inspection of motor vehicles by the City. No vehicles shall be placed in service prior to inspection and approval of the condition thereof by the City. At the time of the first inspection and approval, the City shall adopt for each vehicle the same identification number assigned thereto by the Grantee, and such identification number shall not thereafter be changed so long as such vehicle is operated by the Grantee. Any vehicle which, upon inspection, shall be found to be unfit for operation hereunder shall immediately be withdrawn from service, and the Grantee shall not return such vehicle to service until all defects shall have been corrected and the vehicle shall have been inspected and approved by the City. All operators of vehicles shall have a valid applicable State of Florida driving license, and shall comply with all State and Local requirements . SECTION 9. STANDARD OF EQUIPMENT AND SERVICE - MANAGEMENT - That, the Grantee shall maintain at a high standard of operating efficiency all property comprising the vehicle system provided for hereby, and shall also maintain a standard and quality of vehicle transportation service adequate to meet all reasonable demands , when measured by the value and convenience thereof to the traveling public. Vehicles shall be operated in such numbers and during such hours as may be required to properly serve the public. In the event that the Grantee and the City shall at any time be unable to reach an agreement relative to any question of failure by the Grantee to maintain proper standards of service hereunder, or relative to any question of misuse of any right granted hereby, all matters in dispute shall be submitted to the City Council , which shall act in the matter by resolution. -4- OlNCE OF CITY ATTOINfY-1120 WASHINGTON AVENYI-MIAMI MACH, R OIIDA 33139 SECTION 10 . INDEMNITY TO CITY - PUBLIC LIABILITY - The City shall in no way be liable or responsible for any accident or damage that may occur in the operation and maintenance of Grantee 's vehicular transportation system or vehicle service hereunder, and the acceptance of this Resolution by Grantee shall be deemed an agreement on the part of Grantee to indemnify and save harmless the City of Miami Beach, a municipal corporation, its officers , agents and employees from all claims for bodily injuries to the public and all damage to property of others including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits , because of any and all acts of omission or commission of any kind by the Grantee, his agents , servants, or employees , or through the mere existence of the project under the franchise . That the Grantee shall file with the City Clerk and keep in full force and effect at all times during the period of this grant adequate cash deposits , or bonds or insurance policies or a combination of same to protect the public for injury, loss or damage to person or property by reason of the operation of any motor vehicle employed as part of the vehicular transpor- tation system provided for hereby. The Grantee shall be permitted to be self-insured in an amount not to exceed $20 , 000 . 00, providing that excess coverage over the amount shall be maintained with an insurance company acceptable to the City in the penal sum of not less than $100 ,000/$300 , 000 for any one accident resulting in the death or injury to one person and not less than $25, 000 . 00 for damage to property. SECTION 11. CITY TO HAVE REFUSAL - That, in the event the Grantee at any time prior to the expiration of the franchise granted hereby desires and decides to dispose of said franchise and its other assets it shall upon receipt of a valid and firm offer therefor submit the same to the City which shall have the privilege and first right and opportunity to purchase the franchise granted hereby and such other assets at the same price and on the same terms as shall have been fixed and agreed upon by and between the Grantee and the other offeror to the end that the City shall, to the exclusion of every other person, have the option, right and privilege of purchasing said franchise granted hereby and the other assets of the Grantee at the price and upon the terms validly and bonafidely offered by any other; provided, however, that the City must exercise such option within sixty (60) days after receipt by the City of the terms and conditions of such proposed sale and if the option is exercised then the City will enter into a contract of purchase with the Grantee within such sixty-day period which will bind the City to consummate such purchase within an additional period of thirty (30) days unless bonds have to be validated for such purpose, in which event the City will use its best efforts to validate such bonds with all reasonable dispatch. If the court, after the City has used its best efforts to accomplish the same, shall refuse to validate such bonds , then the City will be adsolved from all liability to purchase. In the event that the best offer of another for the purchase for the property hereinabove referred to shall be met by the City, the City shall have the right to prepay any part of the purchase price without penalty or premium and its decision so to do shall not be deemed a variance between the offer made by another and the actual purchase contract made by the City. SECTION 12. FORFEITURE OR REVOCATION OF GRANT - That, failure on the part of Grantee to comply in any substantial respect with any of the provisions of this Resolution shall be grounds for a forfeiture of this grant, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by Grantee until a court of competent jurisdiction (with right of appeal in either party) shall have found that Grantee has -5- ORICE OP CITY ATTORI#X—1120 WASHINGTON AVENUE—MIAMI RRACN. FLORIDA 33131 _ _ failed to comply in a substantial respect with any of the pro- visions of this franchise, and the Grantee shall have a reason- able period of time (which shall be fixed by such court in its decree) after the final determination of the question to make good the default before a forfeiture shall result with the right in the City at its discretion to grant such additional time to Grantee for compliance as necessities in the case require; provided, however, that the provisions of this section shall not be construed as impairing any alternative right or rights which the City may have with respect to the forfeiture of franchises under the Constitution or the general laws of Florida or the Charter of the City. Provided, further, that any violation or default resulting from a strike, a lockout, an act of God, or any other cause beyond the control of the Grantee shall not constitute grounds for revoking and cancelling any rights hereunder. In the event that the Grantee, upon receipt of written notice from the City, should dispute or deny the existence of the violation or default therein asserted, the Grantee shall have the right, within said five-day period following the receipt of said notice, to submit all matters in dispute to the governing body of the City, which shall determine the matter and evidence such determination by resolution. SECTION 13. For the purpose of guaranteeing to the City the full and faithful performance by the Grantee of each and every duty and obligation imposed upon it by this grant, the Grantee shall, at all times during the term and period of this franchise , have delivered and deposited with the City Clerk, a Surety Bond in the penal sum of Twenty-Five Thousand Dollars ($25,000 . 00) , to be executed by the Grantee in such form and by such Surety Company as shall be approved by the City Attorney, and conditioned for' the faithful observance by the Grantee of all the terms and conditions imposed upon it by this franchise and grant. SECTION 14 . TERMINATION OF GRANT BY INSOLVENCY OR BANKRUPTCY OF GRANTEE OR DISCONTINUANCE OF MALL - That, in the event of insolvency or bankruptcy of the Grantee, the City shall have full power and authority to terminate, revoke and cancel any and all rights granted under the provisions of this resolution; that upon discontinuance of the Mall as a pedestrian way, all Grantee ' s rights shall terminate. SECTION 15. That, the right is reserved to the City to question by judicial review in any court having jurisdiction in the matter the reasonableness and propriety of any of the Grantee 's actions under any provision of this grant and similar right is so reserved to the Grantee to so question any of the City ' s actions under any provision of this grant. SECTION 16 . CONDITIONS UPON SALE, ASSIGNMENT OR TRANSFER OF FRANCHISE - That, no sale, assignment or transfer of the rights granted thereby shall be made by the Grantee unless the Grantee shall have filed written notice thereof with the City Clerk at least sixty (60) days prior to date of the proposed sale, assignment or transfer, and unless subsequent to the filing of such notice, the City Council shall have, by resolution, approved and consented to such sale, assignment or transfer. If the Grantee of the franchise hereby granted be a corporation, the sale of a majority or controlling interest of the stock therein, shall be deemed a sale, transfer or assignment of this franchise. SECTION 17. NOTICES - That, all notices which may be required hereunder shall be sufficient if sent by registered mail or by telegram to the then President of the Grantee at the address given as the place where its registered office is located, or to the then City Clerk of the City of Miami Beach, Florida. -6- OFFICE OF CITY ATTOENOY--1110 WASHINGTON AVENUE—MIAMI MACK, FLORIDA 33139 SECTION 18. CONTROLLING PROVISIONS - The Specifications inviting bids for this franchise, and the bid of the successful bidder, to wit: Mall Transport, Inc. , be and the same are each incorporated herein by reference and made a part hereof as fully and for every purpose as though the same were set forth herein in haec verba. In the event of any conflict between the provisions of this resolution and the said specifica- tions and the Bid of Mall Transpott, Inc. , the provisions of said specifications and said Bid shall be deemed governing and controlling. SECTION 19. EFFECTIVE DATE - That, this Resolution shall take effect as soon as it has been approved by a majority of the qualified voters of the City of Miami Beach voting thereon at an election for such purpose. The Grantee shall be prepared to commence operation no later than thirty (30) days after the said election. SECTION 20. REPEALING SECTION - That, all ordinances or resolutions or parts of ordinances or resolutions insofar as they are inconsistent with or in conflict with the provisions of this Resolution, be and the same are hereby repealed. SECTION 21. SAVING PROVISION - That, if any section, part of sections , paragraph, seh.tence or clause of this Resolution shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any other portion hereof, but shall be restricted and limited in its operation and effect to that specific portion hereof involved in the controversy in which such decision shall have been rendered. PASSED and ADOPTED this 19th day of September, 1973. Mayor Attest: City Clerk (SEAL) -7- OP/ICE OP CITY ATTORNEY-1130 WASHINGTON AVMNUR-MIAMI MACH, RORIOA 33131 INVITATION TO BID NO. 76-73 CITY OF MIAMI BEACH AMENDED PROPOSAL To be opened at 10: 00 A.M. on August 24, 1973 FOR PROVIDING A VEHICULAR TRANSPORTATION SYSTEM FOR AN EIGHT-YEAR PERIOD PER THE FOREGOING SPECIFICATIONS: 1. The undersigned agrees to pay the City of Miami Beach $8,000.00 per year for a total of $64, 000.00 for an eight-year period plus , the following percentage of gross receipts over $100,000.00 per year. 15 PER CENT (MINIMUM 10%) 2 . The present franchise expires 12/6/73. Can you be in operation 12/7/73 if the award is made September, 1973 and the referendum approved 11/6/73? X YES: NO: If "NO" detail below. BIDDER: MALL TRANSPORT INC . SIGNED: _ , / • /� Stuart G . Newman--Secretary NAME/'1111.4' ; Print) : ADDRESS: ' p P 0 Box 2035 AMF Miami Florida 33159 CITY/STATE/ZIP: TELEPHONE NUMBER: 759-8757 ATTEST: /� ' 1 `/ C L SIGNED: /� ' at tarld NAME/TITLE (Print) : ' C ,, ^Jt`_•' �Pl]Yd�16. 1 Ivot ,/17, - 4,4! - BID NO: 76-73 DATE: 8/1 /73 .CITY OF MIAMI BEACH AMENDED —11- INVITATION TO BID NO. 76-73 CITY OF MIAMI BEACH AMENDMENT NO. 1 August 9, 1973 City of Miami Beach Bid No. 76-73 (Vehicular Transportation System) has been amended as follows: CHANGE IN BID OPENING DATE THE BID OPENING DATE HAS BEEN CHANGED TO ALLOW FOR SOME REVISION TO THE SPECIFICATIONS. THE EXACT BID OPENING DATE WILL BE RELEASED AS SOON AS POSSIBLE AND ALL PROSPEC- TIVE BIDDERS SHALL BE NOTIFIED THE BID OPENING DATE ORIGINALLY ANNOUNCED AS AUGUST 13, 1973 IS NO LONGER IN EFFECT. CITY OF MIAMI BEACH D d Fo Harney Purchasing Agent DFH/eg BID NO. 76-73 -1- DATE: 8/9/73 CITY OF MIAMI BEACH AMENDED INVITATION TO BID NO, 76-73 CITY OF MIAMI BEACH AMENDMENT NO. 2 City of Miami Beach Bid No. 76-73 (OPERATION OF A VEHICULAR TRANSPORTA- TION SYSTEM) is amended as follows : BID OPENING DATE THE BID OPENING DATE SHALL BE 10:00 A.M. , AUGUST 24, 1973 BIDS RECEIVED AFTER THIS TIME AND DATE SHALL BE RETURNED TO THE BIDDERS UNOPENED WHETHER SUBMITTED IN PERSON OR THROUGH THE U. S . MAILS . PAGE PARAGRAPH AMENDMENT 1 3 (a) Add to this paragraph: The proposed route is to be considered an extension of the original route with the same fare schedule applying to the entire route, i.e. a ride from any one point in the system to any other point whether on the original route or an extension thereto shall be considered ,a single fare or ride. 2 4 (a) DELETE THIS PARAGRAPH - COUPONS SHALL NOT BE USED 2 4 (c) DELETE THIS PARAGRAPH - SUBSTITUTE THE FOLLOWING: c. TOKEN FARES Tokens shall be sold for rides as follows : 10 Tokens for $1.00 20 Tokens for $2.00 The token system shall be used as a method of advance sales in multiples as noted above. Tokens shall be valid for a single fare/ride on the system upon presentation to the tram operator/driver. 2 4 (d) (e) DELETE REFERENCES TO "COUPONS" IN THESE (f) (g) PARAGRAPHS 2 4 (g) INSERT THE FOLLOWING PARAGRAPH q. RATE REVIEW The City shall, at the end of the fourth year of the franchise, allow a rate review at the fran- chisee' s request. Any request for increase in fares or rates submitted at that time shall be fully documented by the franchisee with complete audited financial statements. BID NO: 76-73 DATE: AMENDED CITY OF MIAMI BEACH 8/10/73 - 1 - PAGE PARAGRAPH AMENDMENT Requests for this review must be submitted to the City Manager 30 days prior to the fourth anniver- sary of the franchise. The City Council of the City of Miami Beach shall be the authority empowered to approve any rate revisions to the franchise and shall act on same by resolution. 3 7 (j) INSERT THE FOLLOWING : j . All vehicles shall be of sufficient clearance to successfully negotiate all ramps, curb cut- outs, etc. without "bottoming" and shall be equipped with a signaling device (horn or bell) that is acceptable to the City. 3 7 (e) DELETE THIS PARAGRAPH AND INSERT THE FOLLOWING e. All vehicles will be painted, trimmed or decorated according to a design and in a color acceptable to the City so that the vehicles will be compatible with the proposed "International" re-design of the Lincoln Road Mall. (i.e. Spanish motif, etc. ) All designs shall be submitted for approval to the City Manager or his appointed representative prior to execution. 4 8 (b) ADD TO FOLLOWING PARAGRAPH b. Should the City change the current location of the tram parking area to another City-owned facility, the City shall be responsible for pro- viding adequate electrical service to the new area. Installation of meters and service used shall be the responsibility of the franchisee. Franchisee shall also be responsible for any sewer or garbage collection fees applicable to his operation, regardless of the location of his service facilities . 5 13 ADD TO THIS PARAGRAPH All tram drivers shall be required to wear a name identification tag (First initial, last name) while operating the trams. In addition, all tram drivers shall be required to be fluent in conversa- tional English. 5 14 DELETE THIS ENTIRE PARAGRAPH AND SUBSTITUTE THE FOLLOWING : 14. MINIMUM BID REQUIRED The City shall accept bids for no less than the following minimums. The base bid stated is defined as firm with no variation in bidding allowed and the percentage stated is defined as the minimum acceptable percentage. BASE BID $8, 000.00 per year for the franchise term for a total payment to the City on the base bid of $64, 000.00 for an eight-year period. The following additional monies shall be paid the City should the gross receipts warrant same. BID NO: 76-73 DATE: AMENDED CITY OF MIAMI BEACH 8/10/73 - 2 - PAGE PARAGRAPH AMENDMENT PERCENTAGE ADD-ON For gross receipts in excess of $100, 000.00 per year, the grantee shall pay the City a minimum of 10% of all gross receipts in excess of $100, 000.00. (For clarification: if gross receipts are $150, 000.00 in a given year, the City would receive a minimum of 10% of $50, 000.00 plus the base bid amount of $8, 000.00 per year.) BIDDERS MAY SUBMIT BIDS ONLY ON THE PERCENTAGE ADD-ON AND NOT ON THE BASE BID AMOUNT OF $8, 000.00 PER YEAR, $64, 000.00, EIGHT-YEAR TOTAL. 5 15 (b) DELETE THE FIRST SENTENCE AND SUBSTITUTE THE FOLLOWING: b. Income due the City through application of the percentage of gross receipts bid over $100, 000.00 per year shall be forwarded to the City no later than thirty days after each anniversary date of the franchise. 11 DESTROY THE ORIGINAL PROPOSAL PAGE AND SUBSTITUTE THE AMENDED PROPOSAL PAGE ATTACHED 4 8 (d) INSERT THE FOLLOWING d. Tram Plaza A Tram plaza is now under construction which will be used as a base station or waiting area for tram users. The Franchisee is expected to share with other citizen agencies (Chamber of Commerce, etc.) in keeping this area free of trash and debris and in sharing the costs of utilities dependent on the use of the facility by the Tram operator. The City encourages the Tram operator' s cooperation with citizen agencies, etc. in the use and upkeep of this area. BID NO: 76-73 DATE: AMENDED CITY OF MIAMI BEACH 8/10/73 - 3 - INVITATION TO BID NO. 76-73 CITY OF MIAMI BEACH AMENDED PROPOSAL To be opened at 10: 00 A.M. on August 24, 1973 FOR PROVIDING A VEHICULAR TRANSPORTATION SYSTEM FOR AN EIGHT-YEAR PERIOD PER THE FOREGOING SPECIFICATIONS : 1. The undersigned agrees to pay the City of Miami Beach $8,000„00 per year for a total of $64, 000„00 for an eight-year period plus the following percentage of gross receipts over $100,000„00 per year. PER CENT (MINIMUM 10%) 2 . The present franchise expires 12/6/73. Can you be in operation 12/7/73 if the award is made September, 1973 and the referendum approved 11/6/73? YES: NO: If "NO" detail below. BIDDER: SIGNED: NAME/TITLE (Print) : ADDRESS: CITY/STATE/ZIP: TELEPHONE NUMBER: ATTEST: SIGNED: NAME/TITLE (Print) : BID NO: 76-73 DATE: 8/16/73 CITY OF MIAMI BEACH AMENDED -11- INVITATION TO BID NO„ 76-73 CITY OF MIAMI BEACH AMENDED PROPOSAL To be opened at 10: 00 A.M. on August 24, 1973 FOR PROVIDING A VEHICULAR TRANSPORTATION SYSTEM FOR AN EIGHT-YEAR PERIOD PER THE FOREGOING SPECIFICATIONS: 1. The undersigned agrees to pay the City of Miami Beach $8,000. 00 per year for a total of $64, 0004,00 for an eight-year period plus the following percentage of gross receipts over $100,000.00 per year. PER CENT (MINIMUM 10%) 2 . The present franchise expires 12/6/73 . Can you be in operation 12/7/73 if the award is made September, 1973 and the referendum approved 11/6/73? YES: NO: If "NO" detail below. BIDDER: SIGNED NAME/TITLE (Print) : ADDRESS: CITY/STATE/ZIP: TELEPHONE NUMBER: ATTEST: SIGNED: NAME/TITLE (Print) : BID NO: 76-73 DATE: 8/1W73 CITY OF MIAMI BEACH AMENDED -11- INVITATION TO BID NO. 76-73 CITY OF MIAMI BEACH AMENDMENT NUMBER 3 AUGUST 24, 1973 City of Miami Beach Bid No. 76-73 (Transportation System for Lincoln Road Mall) is amended as follows: EXTENSION OF BID OPENING DATE: The bid opening date is extended to: 10:00 AM, August 29, 1973 in the Office of the Purchasing Agent, 1200 Washington Avenue, Miami Beach, Florida. CITY OF MIAMI BEACH DONALD F. HARNEY PURCHASING AGENT eg BID NO. 76-73 -1- DATE: 8/24/73 CITY OF MIAMI BEACH AMENDED INVITATION TO BID NO . 76-73 CITY OF MIAMI BEACH Sealed bids will be received by the City of Miami Beach Purchasing Agent, 1200 Washington Avenue , Miami Beach , Florida until 10 : 00 A . M . on the 13th day of August 1973 , for : THE OPERATION OF A VEHICULAR TRANSPORTATION SYSTEM IN THE CITY OF MIAMI BEACH FOR AN EIGHT-YEAR PERIOD At place , time and date above , bids will be publicly opened and read aloud . A pre-bid conference for the purpose of discussing these specifications shall be held at 10 : 00 A . M . Monday, July 30 , 1973 in the Conference Room of the Miami Beach Garden Center , Miami Beach , Florida . Attendance at this conference is not mandatory , but all interested bidders are urged to attend . A bid bond and a performance bond are required . Specifications may be obtained upon request from the Office of the Purchasing Agent , telephone number ( 305 ) 534-7511 , extension 495 . The City of Miami Beach reserves the right to reject any and all bids and to waive any irregularities in procedure . CITY OF MIAMI BEACH I . , r yDonald F . Harney Purchasing Agent DFH : pf BID NO: 76-73 DATE: 7/ 10/73 CITY OF MIAMI BEACH INVITATION TO BID NO . 76-73 CITY OF MIAMI BEACH SPECIFICATION FOR THE OPERATION OF A VEHICULAR TRANSPORTATION SYSTEM IN THE CITY OF MIAMI BEACH FOR AN EIGHT-YEAR PERIOD . 1 . INTENT It is the intent of the City of Miami Beach to award to the highest and best bidder a franchise for the operation of a Vehicular Trans- portation System as described herein for an eight-year period . 2 . EXISTING ROUTE The existing route to be covered by the Vehicular Transportation System shall be that portion of Lincoln Road lying west of the westerly line of Washington Avenue to the easterly line of Alton Road , otherwise known as the Lincoln Road Mall and any future easterly and/or westerly extension of the Lincoln Road Mall . 3 . POSSIBLE EXTENSION OF TRANSPORTATION SERVICES a . The Lincoln Road Mall and adjacent areas to the north may be undergoing considerable change during the term of the franchise proposed under these specifications . It is the intent of this section to define certain added responsibilities of the grantee in adapting to these changes as they occur . The proposed change now in the planning stage but not necessarily guaranteed to occur during the contract term is as follows : Establishment of a route northerly from the Lincoln Road Mall looping through the Civic andConvention Center ( Convention Center , City Hall , Auditorium, Public Safety Building , etc . ) to move passengers between the Mall area and the various facilities and parking areas of the Civic Center Complex and the Lincoln Road Mall . This proposed route , if established , shall be included as part of the original franchise agreement established under these specifications with the same rates of fare and all pro- visions as contained herein applying to the proposed route . b . In addition , the City may require tram services or vehicular transportation systems in other areas of the City beyond the Lincoln Road Mall and Civic/Convention Center Complex , the need for which may arise during the franchise term. If such a need arises , the City shall negotiate with the grantee for providing tram or vehicular service in these added areas ; the negotiated agreement to become a part of the original franchise . Should negotiations fail , the City reserves the right to place the service for the added areas on competetive bid . 4 . RATES OF FARE The following fares and systems of fare collection shall be used : ( One ride is defined as the travel between any given boarding point and a second point regardless of distance . ) BID NO: 76-73 DATE: 7/10/73 .CITY OF MIAMI BEACH -1 - a . COUPON BOOKS/PUNCH-COUPONS Coupon books or Punch-coupons shall be used throughout the system as follows : 20-Ride Coupon . . . . A Coupon valid for twenty rides shall be available for sale at a price not to exceed $2 . 00 for the 20-ride coupon . 10-Ride Coupon . . . .A Coupon valid for ten rides shall be available for sale at a price not to exceed $ 1 . 00 for the ten-ride coupon . Coupon book or Punch-coupon shall not be redeemable for cash . If a coupon book is used , coupons will be collected at the time a passenger boards the system. If a punch-coupon is used , coupon shall be punched by the operator at the time a passenger boards the system. The grantee may install either of the two systems noted above at his option or may propose an alternate system subject to the approval of the City which would offer multiple rides at a unit price of ten cents per ride . b . CASH FARES Use of the system in a one way capacity or on an occasional basis shall be at the rate of 15(t per single ride . c . TOKEN FARES A round trip ride on the system shall cost ( on a cash basis ) 25Q . This fare shall be handled as follows : When the rider boards the system, he is issued , on receipt of 25(t , one token . The token is then returned to the tram operator for the return portion of his trip or for a second trip . The token is not redeemable for cash . d . The design of the coupon and token shall be approved by the City Manager before printing or minting . The grantee is responsible for all charges relative to the providing of these coupons and tokens . e . Because of a possible delay in implementing this system by the time of franchise inception , the fare will remain at l0Q per ride until the coupons and tokens are delivered and in use . The City requires that the coupon/token system be in effect no later than 90 days after franchise inception . f. Coupons and tokens shall be offered for sale and/or distributed in a manner to be determined by the grantee subject to the approval of the City Manager or his duly authorized representative . 5 . HOURS OF OPERATION The Tram System will be operated seven days a week , from 8 : 30 A . M. until at least 11 : 00 P . M. unless otherwise agreed upon by the grantee and the City of Miami Beach . 6 . TERM OF FRANCHISE a . The term of the franchise shall be for a eight-year period commencing with the first day of operation and concluding eight years thereafter . b . Thp grantee shall be prepared to commence operation no later than 30 days after the franchise referendum is approved by the electorate . BID NO: 76-73 DATE: 7/10/73 .CITY OF MIAMI BEACH -2- c . It is the intention of the City to make the award on or about September 5 , 1973 . The proposal of the successful bidder shall be included in the referendum election scheduled for November 6 , 1973 . The present franchise expires on December 6 , 1973 and the start of the new franchise is December 7 , 1973 . 3idders shall indicate in their proposal their ability to meet the deadlines imposed by the election and franchise starting date . '7. VEHICLE REQUIREMENTS a . The original fleet shall consist of a minimum of 10 tram and trailer combinations , with four spare tractors . Each vehicle shall have a minimum seating capacity of fourteen ( 14) passengers . Each vehicle shall be of modern design and propelled only by electrical power supplied by batteries . b . The City reserves the right to require that up to ten ( 10 ) additional vehicles consisting of ten trailers and ten tractors be placed in operation during the first four years of this contract providing the extension of services beyond the Mall , as noted in Paragraph 3 , is implemented . c . The City further reserves the right to require the grantee to provide up to 5 additional new tractor trailer combinations if the traffic , in the opinion of the City , warrants the increased equipment to properly serve the existing Lincoln Road Mall Route . This provision shall be in force up to the fifth year of operation . d . The equipment of each vehicle shall include all safety devices as may be required by law . e . All vehicles shall be painted alike according to a design , and in a color , approved by the City . f. On the outside of each vehicle there shall be painted in letters sufficiently large to be clearly visible from a distance of ten ( 10) feet : ( 1 ) . Fare schedule . ) . The name of the grantee . ( 3 ) . The identification number assigned to such vehicle by the grantee , such number to be painted on all sides . g. Vehicles shall not carry any displays, advertising or other matter of a similar nature unless prior written approval is received from the City Manager . h . No vehicle shall be operated if , in the opinion of a duly author- ized representative of the City , it is unfit for such service , hazardous to the public , unsightly or noisy in operation . i . All vehicles shall be provided NEW within 90 days after franchise inception and shall be maintained in a condition acceptable to the City. . VEHICLE PARKING AND UTILITIES a . The City will permit the grantee to park vehicles in one of its nearby off-street parking lots at a location designated by the City . The charge shall be $300 . 00 per year for each parking space occupied . BID NO: 76-73 DATE: 7/10/73 CITY OF MIAMI BEACH -3- b . The cost of all utilities on City property used by the grantee (water , electricity, telephone , etc . ) shall be the responsibility of the grantee and all services and meters required shall be installed at the expense of the grantee . The City assumes no responsibility for the utilities used by the grantee in the oper- ation of his franchise . All utilities used by the grantee shall be metered and paid by the grantee . c . The grantee shall be allowed to use any private parking facilities as may be available to him and is not required to use the City off- street parking lots for parking , maintenance , etc . 9 . VEHICLE INSPECTION All vehicles operated by the grantee shall be maintained in good repair so that they will be suitable and safe at all time for oper- ation in public service . The grantee shall permit the City to make such inspections of vehicles as the City shall deem necessary in the public interest and shall comply in every respect with the pro- visions of all Ordinances relating to the inspection of motor vehicles by the City . No vehicles shall be placed in service prior to inspec- tion and approval of the condition thereof by the City . At the time of the first inspection and approval , the City shall adopt for each vehicle the same identification number assigned thereto by the grantee and such identification number shall not thereafter be changed so long as such vehicle is operated by grantee . Any vehicle , which upon inspection , shall be found to be unfit for operation shall immediately be withdrawn from service and the grantee shall not return such vehicle to service until all defects shall have been corrected and the vehicle shall have been inspected and approved by the City . All operators of vehicles shall have valid applicable State of Florida driving licenses and shall comply with all State and Local requirements . 0. MANAGERIAL SERVICES The grantee shall have an experienced manager or managers available at all times , capable of fully handling problems and complaints of the public as it relates to their franchise agreement . 9 . ELIGIBILITY The grantee , and any persons employed by him, shall have never been convicted of any offense involving moral turpitude , or felony . All employees shall be required to posses a valid health certificate and Miami Beach Police Identification Card . A list of employees with their Miami Beach Police Identification number is to be submitted to the City Manager or his duly authorized representative within 48 hours after selection for employment . All employees shall observe all the graces of personal grooming . !. RELATION TO CITY It is the intent of the parties hereto that the grantee shall be legally considered as an independent contractor and that neither he nor his employees shall , under any circumstances , be considered servants or agents of the City , and that the City shall at no time be legally responsible for any negligence on the part of said grantee , his servants or agents , resulting in either personal or property damage to any individual , firm or corporation . BID NO: 76-73 DATE: 7/10/73 .CITY OF MIAMI BEACH -4- I 13 . UNIFORMS All drivers of the transportation system vehicles shall be neatly attired in appropriate uniforms , approved by the City , while these drivers are on duty . 14 . MINIMUM BID REQUIRED The City shall accept bids for no less than the following minimum. The base bid stated is defined as the minimum bid per year and the percentages are defined as firm for the term of the franchise . MINIMUM BASE BID. . . . $10 ,000 . 00 PER YEAR FOR THE FRANCHISE TERM FOR A TOTAL MINIMUM BID OF $80, 000 . 00 FOR EIGHT YEARS . The following additional monies shall be paid the City should the gross receipts warrant same . . . FIRM PERCENTAGE ADD-ON For gross receipts in excess of $120 ,000 . 00 per year , the grantee shall pay the City 10% of all gross receipts in excess of $120 , 000 . 00 . ( For Clarification : - If gross receipts are $150, 000 . 00 in a given year , the City would receive 10% of $30 , 000 . 00 plus the base bid amount in the franchise agreement ) . 15 . METHOD OF PAYMENT a . BASE BID A total of 1 /8 of the total base bid shall be paid to the City of Miami Beach at the time of execution of the franchise agreement , the balance to be paid in equal yearly installments no later than ten days after each anniversary date of the franchise . b . PERCENTAGE ADD-ON Income due the City through application of the 10% of gross receipts over $120, 000 . 00 per year shall be forwarded to the City no later than thirty days after each anniversary date of the franchise . This shall be in the form of a certified or cashier ' s check submitted to the City Finance Department with the certified statement of gross revenue per month detailed in paragraph 18 "RECORDS AND AUDITING" . c . PARKING LOT RENTAL All fees due the City for Parking Lot Rental are payable in advance seri -ann all starto m . at franchise inception and continuing through- 16 . gRLE �(A The grantee will be responsible for the payment of any applicable State Sales Tax as outlined in the provisions of Florida Statutes . Such payment to the State of Florida to be the sole responsibility of the grantee . 17 . LICENSES AND PERMITS The grantee shall abide by all ordinances and laws pertaining to his operation and shall secure at his expense all licenses and permits necessary for the operation of the franchise except that the City of Miami Beach licenses will be issued without charge . BID NO: 76-73 DATE: 7/10/73 CITY OF MIAMI BEACH -5- 18 . RECORDS AND AUDITING The bookkeeping records for this franchise shall be kept separately and apart from any other business or businesses the grantee may be involved in . The City ' s authorized representative shall at all reasonable times have the right to examine these records on reason- able notice . If possible , these records shall be kept within the City of Miami Beach . The grantee shall further be required to file annually a statement of gross receipts per month from the franchise . Statements shall be audited and prepared by a certified public accountant and be submitted to the Finance Department of the City of Miami Beach no later than 30 days following each anniversary date of the commencement of the franchise . Statement shall be accompanied by a certified or cashier ' s check in the amount speci - fied under the terms of this franchise . ( See paragraph 15 "METHOD OF PAYMENT" . ) 19 . COST OF REFERENDUM The City ' s Charter requires that exclusive use of the City ' s streets for one year or more shall be approved by a majority of the qualified voters of the City . If the question covering this franchise is in- cluded in the scheduled regular election of November 6 , 1973 as planned , all costs of the referendum question shall be borne by tr,e City . If this franchise question cannot be included in the scheduled election of November 6 , 1973 , the City reserves the right to reject all bids and re-bid under specifications calling for a contribution from the successful bidder to help offset the costs of a special election covering this question . 20 . FORFEITURE OR REVOCATION OF GRANT Failure on the part of the grantee to comply in any substantial respect with any of the provisions of this franchise shall be grounds for a forfeiture of this grant . Any violation resulting from a strike , a lockout , an Act of God , or any other cause beyond the control of the grantee shall not constitute grounds for revoking and cancelling any rights under the franchise . 21 . TERMINATION OF GRANT In the event the Lincoln Road Mall is discontinued as a pedestrian mall , the grantee ' s rights under the franchise may be re-negotiated . 22 . PUBLIC SERVICE The attention of prospective bidders is directed to the fact that the service described herein is primarily for the use of the public and the public ' s rights to such use shall not be infringed upon by any activity of the grantee . The activities of the grantee shall be such as to render service to the public in a dignified manner ; and no pressure , coercion , persuasion , or hawking shall be done by the grantee in an attempt to influence the public to use the services of the grantee . BID NO: 76-73 DATE: 7/10/73 .CITY OF MIAMI BEACH -6- 23 . EVIDENCE OF ABILITY Each bidder shall be required to furnish with his proposal satisfactory evidence that he is qualified to perform the work contemplated under the franchise . Such evidence shall include : 1 . Bidder ' s performance record in the mass transportation field with special reference to the type of transportation contemplated under the franchise . 2 . A current financial statement as prepared by a Certified Public Accountant . An audited statement is required . 3 . A description of the proposed equipment to be furnished listing number of units , manufacturer , and age of equipment . If available , photos and/or brochures should be submitted . 24 . PREPARATION OF PROPOSAL a . Each bidder shall submit his proposal on the special form which is supplied and attached hereto . Each proposal , together with his evidence of ability and with all addenda , if any, issued by the Purchasing Agent and received by the bidder shall be placed in a sealed envelope . This envelope shall be marked plainly to indicate its contents but shall bear no other marks tending to distinguish it from other envelopes containing bids . Each bid shall be enclosed in a sealed envelope addressed to the Purchasing Agent of the City of Miami Beach and the front of the envelope shall be plainly marked "SEALED BID FOR A FRANCHISE FOR THE OPERATION OF A VEHICULAR TRANSPORTATION SYSTEM ON LINCOLN ROAD MALL FOR AN 8-YEAR PERIOD TO BE OPENED AT 10 : 00 A . M. ON AUGUST 13 , 1973 . " The envelope containing the proposal shall be deposited by the bidder , or by his authorized representative , in the office of the Purchasing Agent , 1200 Washington Avenue , Miami Beach , Florida . It shall be deposited as aforesaid on or before 10 : 00 A . M. , the day and hour named in the advertisement , at which time all proposals pertaining to the same subject matter will be opened and read publicly . No bid received after said time and day will be considered . b . Before submitting his proposal each bidder shall make all investi - gations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract . No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful bidder from his obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the contractor . c . If the bidder is a corporation , the proposal (and addenda , if any) shall be signed in the name and under the seal of the corporation by a duly authorized officer of the corporation with the designation of his official capacity . The signature shall be attested properly. The proposal shall show the state in which the corporation is chartered . If it is a foreign corporation , the proposal shall show whether or not it is licensed to transact business in Florida . There shall be submitted with the proposal the name , home address of principal stockholders . Principal stockholders shall be deemed to be those who own twenty-five percent (25% ) , or more of the outstanding issued stock . If no stockholders owns 2% or more of the outstanding stock , then a list of officers and board of directors shall be submitted . BID NO: 76-73 DATE: 7/10/73 .CITY OF MIAMI BEACH -7- 1 27 . PERFORMANCE BOND A performance bond in the amount of $25 ,000 . 00 will be required of the successful bidder prior to the signing of the franchise agreement to give the City surety . Performance bond shall be renewed each year for the duration of the franchise . The form of the bond shall be approved by the City Attorney and shall be a corporate surety bond by a surety company licensed to do business in the State of Florida , conditioned for the faithful obser- vance by the grantee of all the terms and conditions imposed by accept- ing grant of this franchise . 28 . INSURANCE REQUIREMENTS The grantee shall , during the life of the franchise : a . Maintain Workmen ' s Compensation and employer ' s Liability Insurance to meet the statutory requirements of the State of Florida , to protect themselves from any liability or damage for injury ( including death) to any of their employees , including any liability or damage which may arise by virtue of any statute or law in force or which may here- after be enacted . b . Maintain Public Liability Insurance in amounts prescribed by the City to protect the grantee against all risks of damage or injury ( including death ) to property or persons wherever located , resulting from any action or operation under the franchise or in connection with the franchise . c . Maintain Automobile Liability Insurance , including Property Damage , covering all owned or rented equipment used in connection with the franchise . d . All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida . There shall be attached an endorsement to save and hold harmless the City from any liability or damage whatsoever in accordance with the following form endorsement, which forms a part of this franchise agreement . "The grantee hereby agrees to indemnify and save harmless the City of Miami Beach , a municipal corporation , its officers , agents and employ- ees from all claims for bodily injuries to the public and all damage to property of others including costs of investigation , all expenses of litigation , including reasonable attorney fees and the cost of appeals arising out of any such claims or suits , because of any and all acts of omission or commission of any kind by the grantee , his agents , servants , or employees , or through the mere existence of the project under the franchise . The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach , its officers , agents and employees , as determined by a court of competent juris - diction . The grantee shall specifically and distinctly assume all responsibility for reporting any and all accidents , claims , or suits , arising out of any and all operations performed , or to be performed , under any existing franchise agreement made by or on behalf of the assured and the City of Miami Beach . It is understood and agreed that ( Firm Name ) is at all times herein acting as an independent contractor . " Certified Insurance Certificates evidencing such insurance and such endorsements as prescribed herein shall be filed with the Purchasing Agent by the grantee before operation is started . BID NO: 76-73 DATE: 7/10/73 CITY OF MIAMI BEACH -9- No change or cancellation in insurance shall be made without thirty ( 30) days written notice to the Purchasing Agent , City of Miami Beach . Compliance by the grantee with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the grantee of his liabilities and obligations under this heading or under any other section or provisions of this franchise . The minimum limits of General Liability Insurance are prescribed as follows : Bodily Injury $100 , 000 . 00 for injury to one person $300 ,000 . 00 for one accident Property Damage $25 , 000 . 00 one accident $50 , 000 . 00 aggregate If State or County regulations or statutes require higher minimums for the type of services provided than are stated herein , such higher minimums shall prevail . 29 . SALE , ASSIGNMENT OR TRANSFER OF FRANCHISE Sale , assignment or transfer of the rights granted shall not be made by the grantee unless the grantee shall have filed written notice thereof with the City Clerk at least sixty ( 60) days prior to date of the proposed sale , assignment or transfer , and unless subsequent to the filing of such notice , the City Council shall have , by Resolution , approved and consented to such sale , assignment or transfer . If the grantee of the franchise hereby granted be a corporation , the sale of a majority or controlling interest of the stock therein shall be deemed a sale , transfer or assignment of this franchise . 30 . RESOLUTION OF DISAGREEMENT In the event that the grantee and the City shall at any time be unable to reach an agreement relative to any question of failure by the grantee to maintain proper standards of service , or relative to any question of misuse of any right granted , all matters in dispute shall be submitted to the City Council , which shall act in the matter by Resolution . 31 . PRE-BID CONFERENCE A pre-bid conference for the purpose of discussion of the specifi - cations will be held in the conference room at the Miami Beach Garden Center, 2000 Garden Center Drive ( behind Convention Hall ) Monday, July 30 , 1973 at 10 : 00 A. M . All interested bidders are urged to attend . 32 . SYSTEM USE It is estimated that the yearly passengers on the existing system are approximately 900, 000 to 1 ,000 , 000 . This figure is submitted for information purposes only and represents an estimate based on available data which may or may not accurately reflect the actual system use . BID NO: 76-73 DATE: 7/10/73 .CITY OF MIAMI BEACH -10- INVITATION TO BID NO . 76-73 CITY OF MIAMI BEACH PROPOSAL To be opened at 10 : 00 A . M. on August 13 , 1973 For providing a Vehicular Transportation System for an Eight-Year Period per the foregoing specifications : 1 . LUMP SUM BID ( MINIMUM YEARLY BID-$10 , 000 . 00) TO BE PAID TO THE CITY PER YEAR $TOTAL TO BE PAID FOR AN EIGHT-YEAR TERM Plus 10% of gross receipts over $120, 000 . 00 per year . 2 . The present franchise expires 12/6/73 . Can you be in operation 12/7/73 if the award is made September , 1973 and the referendum approved 11 /6/73? YES : NO: If "NO" detail below . BIDDER : SIGNED : NAME/TITLE ( Print) : ADDRESS : CITY/STATE/ZIP : TELEPHONE NUMBER : ATTEST : SIGNED : NAME/TITLE ( Print) : BID NO: 76-73 DATE: 7/10/73 .CITY OF MIAMI BEACH -11 - i INVITATION TO BID NO . 76-73 CITY OF MIAMI BEACH PROPOSAL To be opened at 10 : 00 A . M. on August 13 , 1973 For providing a Vehicular Transportation System for an Eight-Year Period per the foregoing specifications : 1 . LUMP SUM BID ( MINIMUM YEARLY BID-$10 , 000 . 00) TO BE PAID TO THE CITY PER YEAR $TOTAL TO BE PAID FOR AN EIGHT-YEAR TERM Plus 10% of gross receipts over $120 , 000 . 00 per year . 2 . The present franchise expires 12/6/73 . Can you be in operation 12/7/73 if the award is made September , 1973 and the referendum approved 11 /6/73? YES : NO : If "NO" detail below . BIDDER : SIGNED : NAME/TITLE ( Print) : ADDRESS : CITY/STATE/ZIP : TELEPHONE NUMBER : ATTEST : SIGNED : NAME/TITLE ( Print) : BID NO: 76-73 DATE: 7/10/73 CITY OF MIAMI BEACH -11 - CONTRACT BOND THE /ETNA CASUALTY AND SURETY COMPANY /Y • (Miscellaneous—NOT Hartford, Connecticut 06115 `��` Construction) LIFE&CASUALTY Gy 23 S 281$2 BOA KNOW ALL MEN BY THESE PRESENTS, That we MALL TRANSPORT INC. of MIAMI BEACH, FLORIDA , as Principal, (hereinafter called Principal), and THE ETNA CASUALTY AND SURETY COMPANY, a cor- poration organized and existing under the laws of the State of Connecticut with its Home Office in the City of Hartford, Connecticut, as Surety, (hereinafter called Surety), are held and firmly bound unto of CITY OF MIAMI BEACH FLORIDA , as Obligee, in the full and just sum of TWENTY—FIVE THOUSAND AND NO/100 --- ----• DOLLARS ($ 25.000.00 ), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered, or is about to enter, into a written Agreement with the Obligee for Franchise agreement for the operation of a vehicular transportation system Miami Beach, Fla. as is more specifically set forth in said Agreement, to which reference is hereby made. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall well and truly perform and carry out the covenants, terms, and conditions of said Agreement, then this obligation to be void; otherwise to remain in full force am; effect. This Bond may be terminated as to future acts of the Principal upon thirty (30) days written notice by the Surety; said notice to be sent to the obligee by certified mail. Sealed with our seals and dated this g-th day of December , 19 75 Witness: MALL TRANSPORT INC• (SEAL) (principal/ A,/ - (SEAL) T E/ETNA CA` ALTY AND SURETY COMPANY By i j�}17/(6"-tC'e .67c-c- • /�-- � 4 DONALD R. BAILEY Attorn 2y-in-Fact CAT. 209376 (S-1935-A) 12-69 PRINTED IN U S.A. THE AETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 LIFE&CASt IALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS. THAT THE /ETNA CASUALTY AND SURETY COMPANY a corporation duly organized under the laws of the State of Connecticut. and having its principal office in the City of Hartford, County of Hartford, State of Connecticut. hath made constituted and appointed, and doe's by these presents make, constitute and appoint James A. Connelly, Jr., Artie H. Small, Donald R. Bailey, Thomas R. Murray or John Richard Storey - - of Tampa, Florida , its true and lawful Attorneys-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or. if the following line be filled in, within the area there designated , the following instrument(s): by his sole signature and act, any and all bonds,recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or con- ditional undertaking, and any and all consents incident thereto I and to bind THE ,ETNA CASUALTY AND SURETY COMPANY,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE ETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorneys-in-Fact,pursuant to the authority herein given,are hereby ratified and con- firmed This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him VOTED. That any bond, recognizance„contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when la) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or lb)duly executed (under seal, if required) by one or more Attorneys-in-Fact pur- suant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE kTNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED. That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such fac- simile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and fac- simile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, THE ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Secretary . and its corporate seal to be hereto affixed this25th day of June 19 75 •' '” s' THE /ETNA CASUALTY AND SURETY COMPANY HARTFORD, 41 s CONN. By State of Connecticut Secretary C ss Hartford County of Hartford On this 25th day of June , 19 75 , before me personally came B. I. RADDING to me known, who, being by me duly sworn, did depose and say: that he is Secretary of THE ,ETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said cor- poration, that the seal affixed to the said instrument is such corporate seal;and that he executed the said instrument on behalf of the corporation by authority of his office under the Standing Resolutions thereof Qv =.x 0T4,9 ox '' My Commission exp 31. 19 80 Notary Public CERTIFICATE Assistant Secretary I, the undersigned, of THE /ETNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut Dated this 8th day of December 19 75 'o s`A; `y NARTFDRD CONN O- >; ByJ Assistant Secretary •IS-1922-DI IMI 12-72 PRINTED IN USA ..xyrnlybi4 y�' 44 tr •t,� r,5, tttt 55,5^ v1'r.•i;f' •�rd' r%,i£: r//j,1/� 0i,i r4,s J' •11 x,✓d 4:4 :p. 4t5£t: +e:•'' i r5%f'stt d.'''rrr iNr r', ;„,, •iflim, .cphyq'r 44,• I; •.x, v8. .xa'll ''.v,£ iytit; .f. ,iAs.,•s:e t"I % iii::?+iso ,a,I a ... ,:xtt. s's.i £it•; s..•?.�`r1' .:;N s£...•.. ;,i 'r_�'i�;[.t `,' , ,. w .: X'I�i£, ..4{, •,.,1i1,...._.x �s•.... 'rtd.:.:•!'�r.��s;.:::h5 „.1}.'�.. � ::�.. �-fs...a.tV�......... ....... .. .,.. .v:.. f.in I� w F-UELIiY ? £ UNITED S RTES FIDE T'Y ANPCUARANTY COMPANY _ a BALTIMORE, MARYLAND > It �A Stock Company) :¢ Ak ;Iry o 'f J BOND NUMBERki NOW ALL MEN BY THESE PRESENTS, That we MALL TRANSPORT INC. (hereinafter called the Principal), and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation (hereinafter called the Surety), are held and firmly bound unto City of Miami Beach, Florida ;;', Twenty—Five Thousand : i-; (hereinafter called the Obligee), in the full and just sum of Nii E`l. ($25t000.00) Dollars, lawful moneyof the United States, for the payment of which, well and trulyto be made, we bind ourselves, our r: P Y heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The said Principal has executed and entered into a certain contract with the said Obligee �z. gl dated , =' Franchise Agreement for the Operation of a Vehicular Transportation System 1gl iiii il =i •. _;; • • • (CERTIFIED COPY) GENERAL POWER OF ATTORNEY No. fiQ3i7 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Albert H. Kahn, Donald Carlin, and Eugene U. Rubin of the City of M i ami , State of Florida its true and lawful attorney 8 in and for the State of Florida for the following purposes,to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever�ilE?6M t anyone of the said Albert H. Kahn and the said Donald Carlin and the said Eugene U. Rubin may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary,this 29th day of May , A. D. 1969 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By John D. Healey Vice-President. (SEAL) (Signed) J. E. Dallam Assistant Secretary. STATE OF MARYLAND, ) 1} ss: BALTIMORE CITY, On this 29th day of May , A. D. 19 69 before me personally came John D. Healey ,Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and J. E. Da 1 l am ,Assistant Secretary of said Company,with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland: that they, the said John D. Healey and J. E. Dal 1 am were respectively the Vice-President and the Assistant Secretary of the said UNITED STATESthat theyY kANDGUARANTY new the seal of said corpoNY,ration; thet the cor- poration described in and which executed the foregoing Power of Attorney; ty eachseal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora- tion, and that they signed their names thereto by like order s Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July,A.D.19 7° (SEAL) (Signed) Herbert J. Aull Notary Public. STATE OF MARYLAND l )} Set. BALTIMORE CITY, I, Robert H. Boase , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Aull , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary,and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record,this 29th day of May , A. D. 19 69 Robert H. Rouse (SEAL) (Signed) Clerk of the Superior Court of Baltimore City. FS 3 (9-67) ""' • • • • • 4 • • /Lina as luvls}ssV /70 (alccI) uo ANVdNt0D ALNNV}IVf19 QNV Sa.LV.LS ;o teas atp pus pusq Atte las olunazaq snug t '/oazaym .Cuoutgisa. ur •2apaam pies;o salnaitu alp ui papzoaaz Ern;oazagl atogM atp pus'uopntosaz piss jo Adoa 1391.103 pus anzl a st 2ato2azo; aql Imp pun yuasazd sum. szoloazij ;o pzsog alit ;o amzonb s 2uilaauu galgM le '0161 'Alnf jo Asp grit atp uo 'azotuilteg jo Aio alp ui Ausdutop aq1 jo aatgo alp ne ptaq pus patten Ainp 'AusdtuoD piss jo szoloazlQ ;o pzuog alit jo 2uitaaux zetn2az 8 w paldops uoiiniosaz 8 jo aousnsmd to imp] sIM Aauzolly jo zaMod pees wtp A;tnzaa zagim; op I pu d 'laa$a pus sow;tin;txx tuts st pus papnaz mai zanaa ssq Aauzoue jo agmod qo qM'glad; las utazagl ss spuoq tap o1 mewl. pus 2utzuoglns ' P TaCia y� �� l ;o t uigng •f1 aua8ns put; 'uTI.u0 PIeuoQ 'ugrN •H 3aagZV 01 Auedump piss Aq uani2 Aauzolte jo zantod Isui2uo alp jo Ado laa.uoa pus anal 'tin; a si 2uio2azo; sip Imp A;tt.xao Agazaq op `ANVdNIOD A.LNVIIVf19 (INV A.LI'IaUId Sa.LV.LS anima. alp ;o Azslazuns lasnsissyr us TzgggOQ •jy actioaar 'I •aures ag1;o zaglia;o aznleu alp ui 2uupAus zo '2uppizapun zo 'uopsindps 'uoils2ggo 'aousziu2oaaz 'puoq lions Aus ui zo; papinozd act Amu goiq t suoiltpuoa Aus zo 2uigiAus jo 2u op lou zo 2uiop atp zo; pauopipuoa 'zan0os181M sappedso tie pus Aus ut 'zanaoslsgM uoitsziae2zo zo uoilsiaosse zaglo zo Alitgdiaiunuz `lsazalui 'aag{o 'Apoq 'uopszodzoa 'suoszad zo uoszad Aus zo; zo Aq 'Jo uopaalozd zo Alimoss aq1 zo; papzoaaz zo patg 'paldaaae 'pazapual 'ual42 'uarl 'apsuz 'painosxa sq o1 palliuuad zo pazmbaz 'paMotts sq 'asinuaglo zo Isdpiunuz 'Isnot `1933jo zo aaigo 'uopeziue2zo 'Apoq 'pzeoq Aus;o uoilazasip zo aailaszd 'suzolsno 'szapzo 'suoilsin2az'satnx aq1 Aq zo 'pusipuno;MaM ;o Auoto) atp ;o zo spm-up ;o uoiutmo( aq1 jo saumnozd alp;o zo 9a181S paliufl atp;o Azolila t,.10 a181S Aum;o zo sa1s1S paliufl sip;o alnlets Aus Aq zo 'asinuaglo zo Isdpiunum 'Met Aq Amu zo azs gaigM 'amp atp jo zaglia ;o amleu sip ui 2upp(us zo s2uptelzapun 'suoilsIndils 'suotp2ggo 'saouszpi ooaz 'spuoq IIs pus Aus;o suoilipuoa alp aaluszun2 pus alnaaxa of slua2s zo was zo `iae;-ui-sAauzotls zo Lamps SIT ss pus mum sell at 'osly pus'palotte Met Aq JO 's2uipaaaozd zo suopas tis ui palliuuad zo pagnbaz 's2upalzapun pus spuoq 2uiaaluezen2 zo 2upnoaxa pus saiagod sousmsui usgl zaglo sioszluoa ;o saausuuo;zad atp 2upaluszen2 'lsnzl awApd zo aggnd ;o suop sod 2uipioq suoszad jo Aigapg alp 2uiaaluszsn2 slaszl -uou tis pus Aus zangap pus alnaaxa of 'los sli ss pus °rasa St! ui 'AusdutoD pies ;o stoat zo was zo `las;-ui-sAauzoue zo Aauzolle se suoszad zo uoszad Atte luiodds o1 'pas atezodzoa sti zaptm 'sauslaz°aS luslstssV sit;o auo zo AzelazaaS s1! gl!M uopuunfuou ui s1uaptsazd -aa!A sii;o zaglia zo luapisazd su zaModtua pus azuogina 'scop Agazaq li pus 'op Ausdumo0 sign imp 'paalosaH P aq 'azo/azay,L •pusipuno;MaN;o Auo10D mit ui pus mpsa60;o uoiunao(aql;o saauinozd alp ui pus sating pilof1 sip;o sauolizzaZ aql ai pus'pus1AzajAi asgi zaglo wets nt auasa s1t ui pus ni zo; tae 01 Aluogln8 pus zan+od ipIM sAauzoils pus swan luiodds AusdwoD sign lull ssauisnq jo uopossuszl tenluaga atp zo; Azsssaosu si ti `snazaym wy,j; NOLLf1'IOSM dO Ad03 MALL TRANSPORT, INC. 1000 N.W. LE JEUNE ROAD / MIAMI, FLORIDA / TELEPHONE 444-7455 PLEASE REPLY TO December 7, 1973 `' I APR 11 1974 C. C. - FINANCE DEPT. B /4141/1---'. City City of Miami Beach 1130 Waseington Ave. Miami Beach, Florida 33139 Att: Miss Elaine Matthews City Clerk Gentlemen: Mall Tranport, Inc. hereby accepts all of the provisions of resolution no.# 73-14128 as adopted by City Council on the 19th of September, 1973, a foresaid resolution being approved by the voters on the 6th of November, 1973. Sincerely yours, ' Stuart G. Newman Secretary cc: Stanley Segal SGN/js CITY OF MIAMI BEACH TO: M r. Frank R. Spence DATE: 4/11/74 FROM: Elaine Matthews SUBJECT: Mall Tram franchise Attached is a copy of the letter of acceptance of the franchise by Mall Transport, Inc. This will complete for the present all docu- ments required to be filed. I am not aware of the final settlement of the monies which were due as this is in the hands of the Finance Director. cc. City Attorney Finance Director Purchasing Internal Audit Accounting Metered Parking The original acceptance letter will be attached to the ORIGINAL Resolution No.73-14128 e r. ',lei L ilomillee. City ilehliebe April 2, IV* Clain* 'M1*ths* IOU. TPM mit st Fla tie a sM that I have this diem roseivol s pirfssamos bend fps, i1s11 Transport ire. So tills * tit MAN. is vossired seder the tone of the ft+rwrtti+N1►.. The 1t of tier Maid Psis this irss •a spproved by the City Attoreort. This bull wi 1 l be attested is sod sob a Part at tt14. origiorsi lissmIwtjas Vs. T3'14tI osvorsties sod replacing *fir. na Tit ooseetion. 't.M; h # � its, J. A. Abet , City Atone lir. Aso lir. A. A. wObstor, Asesostiso Sept. pig' Prrshasi lotor tsl *set * `i • CO J M Q 1� C7- O - Z O = +� O L O I- 0- = O J C O 413L C/1 1- E