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2013-28181 Reso 2013-28181 RESOLUTION A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,APPROVING A MONTH-TO-MONTH EXTENSION OF THE AGREEMENT BETWEEN THE CITY AND CLEAR CHANNEL ADSHEL INC. (ADSHEL), TO CONSTRUCT, OPERATE AND MAINTAIN DIRECTORY STRUCTURES IN THE LINCOLN ROAD AREA; WITH SAID EXTENSION COMMENCING ON APRIL 18, 2013, AND TERMINABLE BY THE CITY, FOR CONVENIENCE AND WITHOUT CAUSE, UPON THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO ADSHEL. WHEREAS, the City has an Agreement with Clear Channel Adshel Inc. (Adshel), for the construction, operation and maintenance of directory structures and street name signs at ten (10) intersections along Lincoln Road, which expires on April 17, 2013 (the Agreement); and WHEREAS, the Administration wishes to explore the use of different technology, perhaps smaller or interactive panels along Lincoln Road, that would be easier to maintain, and provide revenue to the City, (while at the same time, offering beneficial public use); and WHEREAS, at its February 6, 2013 meeting,the City Commission approved a referral to the Finance and Citywide Projects Committee (FCWPC) to discuss the possibility of installing smaller fixed or digital advertising panels; and WHEREAS,at its February 20, 2013,the FCWPC recommended that the item be referred to the Historic Preservation Board to seek direction as to what type of directory structures are most appropriate for the Lincoln Road Corridor; and WHEREAS, pending this review process, and the City Commission's subsequent determination as to how to proceed, the City Administration recommends that the Mayor and City Commission extend the Agreement, on a month-to-month basis, upon the same terms and conditions and terminable by the City upon and for convenience, thirty(30)days prior written notice to Adshel. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby, approve a month-to-month extension of the Agreement between the City and Clear Channel Adshel Inc. (Adshel),to construct, operate and maintain directory structures in the Lincoln Road area;with said extension commencing on April 18, 2013, and terminable by the City, for convenience and without cause, upon thirty (30) days prior written notice to Adshel. PASSED and ADOPTED this 17'h day of April, 2013. ATTEST: yWatti Herr ra Bower, Mayor Rafael Gr nado, City Clerk 1NG0RP�[J0RA ED '``, APPROVED AS TO T:WGENDA\2002\NOV1302\REGU ' 1►VCO N D AlM DMENT RESO.doc Sy FORM & LANGUAGE �. "`J^�•,„ &FO ECUTION ttome � Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Exercising A Month-To- Month Extension Of The Agreement Between The City And Clear Channel Adshel Inc., To Construct, Operate And Maintain Directory Structures In The Lincoln Road Area; Which Expires On April 17, 2013; With Said Extension Commencing On April 18, 2013, And Terminating, For Convenience And Without Cause, At Such Time As New Directory Structures Are Replaced And Installed. Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summa /Recommendation: The City currently has an agreement with Clear Channel Adshel Inc., to construct, operate and maintain directory structures in the Lincoln Road Area, at ten (10) intersections along Lincoln Road, effective through April 17, 2013. Under the terms of the Agreement, the City receives a minimum of $22,000 per year or 30% of the total advertising net revenue from directory panels on Lincoln Road. Last year, the City received payment in the amount of$112,589. The highest annual revenue received was$149,683 in 2007. At the February 6, 2013 City Commission meeting, the Administration referred the subject matter to the Finance and Citywide Projects Committee (FCWPC) for discussion on whether or not the City would consider the installation of smaller fixed or digital advertising panels. At its February 20, 2013, the FCWPC recommended that the item be referred to the Historic Preservation Board to seek direction as to what type of directory structures are most appropriate for the Lincoln Road Corridor and after this direction is obtained, the FCWPC recommends that a Request for Proposals be prepared for their review. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of Funds: Amount Account 1 Financial Impact Summary: City Clerk's Office Legislative Tracking: Jay Fink, ext. 6319 Sign-Offs: De artment ctor Assistant CiW4&nager City Ma ltm er JJF JJG Of I JLM AGENDA ITEM C 7� MIAMIBEACH DATE ® MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISS ON MEMORANDUM TO: Mayor Matti Herrera-Bower and Me bers of th City Commission FROM: Jimmy L. Morales, City Manager DATE: April 17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR A D THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXERCISING A MONTH-TO-MONTH EXTENSION OF THE AGREEMENT BETWEEN THE CITY AND CLEAR CHANNEL ADSHEL INC., TO CONSTRUCT, OPERATE AND MAINTAIN DIRECTORY STRUCTURES IN THE LINCOLN ROAD AREA; WHICH EXPIRES ON APRIL 17, 2013; WITH SAID EXTENSION COMMENCING ON APRIL 18, 2013, AND TERMINATING, FOR CONVENIENCE AND WITHOUT CAUSE, AT SUCH TIME AS NEW DIRECTORY STRUCTURES ARE REPLACED AND INSTALLED. ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND The City currently has an agreement with Clear Channel Adshel Inc., to construct, operate and maintain directory structures in the Lincoln Road Area, at ten (10) intersections along Lincoln Road, effective through April 17, 2013. The agreement was entered on April 18, 2001 with an initial five (5) year term. Subsequent to entering into contract with Clear Channel Adshel Inc.,the City realized that there was a need to have ten (10) additional street name signs and requested that Clear Channel Adshel Inc. install them. These additional street name signs help both pedestrian and vehicular traffic in identifying the street names and block address designation for that location. On August 14, 2001, it was determined and ordered by the Historic Preservation Board that one(1) additional directory sign would be placed at the intersection of James Avenue and Lincoln Road. On November 13, 2002,the City executed the First Amendment to the Agreement between the City of Miami Beach and Clear Channel Adshel Inc., adding the additional street signs and additional two-sided directory structures. As part of this First Amendment, the term was extended by two (2) years, with a termination on April 17, 2008 and providing automatic renewals for up to five (5) additional one-year terms, which were already been exercised. Therefore, the current agreement terminates on April 17, 2013. City Commission Memorandum—Adshel Lincoln Rd. Panels April 17, 2013 Page 2 of 2 Under the terms of the Agreement, the City receives a minimum of$22,000 per year or 30% of the total advertising net revenue from directory panels on Lincoln Road. Last year, the City received payment in the amount of$112,589. The highest annual revenue received was $149,683 in 2007. At the February 6, 2013 City Commission meeting,the Administration referred the subject matter to the Finance and Citywide Projects Committee (FCWPC) for discussion on whether or not the City would consider the installation of smaller fixed or digital advertising panels. At its February 20, 2013, the FCWPC recommended that the item be referred back to the Historic Preservation Board to seek direction as to what type of directory structures are most appropriate for the Lincoln Road Corridor and after this direction is obtained, the FCWPC recommends that a Request for Proposals be prepared for their review. CONCLUSION The Administration recommends that the City Commission exercise a month-to-month extension of the Agreement between the City and Clear Channel Adshel Inc., to construct, operate and maintain directory structures in the Lincoln Road Area; which expires on April 17, 2013; with said extension commencing on April 18, 2013, and terminating, for convenience and without cause, at such time as new directory structures are replaced and installed. JLM\JGGWO F:\WORK\$ALL\(1)EMPLOYEE FOLDERS\FIORELLA SARMIENTO\Ndshel Lincoln Road Directory.memo.doc SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CLEAR CHANNEL ADSHEL, INC. TO CONSTRUCT, OPERATE AND MAINTAIN DIRECTORY STRUCTURES IN THE LINCOLN ROAD AREA, PROVIDE DIRECTORY INFORMATION LOCATION MAPS, OFFER LIMITED ADVERTISING SPACE FOR COMMERCIAL USE, AND FABRICATE AND INSTALL STREET SIGNS AND BLOCK NUMBERS AT TEN (10) INTERSECTIONS ALONG LINCOLN ROAD. This Second Amendment to this Agreement is made this 30f-A day of April, 2013, by and between the City of Miami Beach, a municipal corporation of the State of Florida ("City"), and Clear Channel Adshel, Inc., a New York corporation, whose principal place of business is located at 780 Third Avenue, New York City, New York ("Contractor"). RECITALS WHEREAS, the City has an Agreement with Clear Channel Adshel Inc. (Adshel), for the construction, operation and maintenance of directory structures and street name signs at ten (10) intersections along Lincoln Road, which expires on April 17, 2013 (the Agreement); and WHEREAS, the Administration wishes to explore the use of different technology, perhaps smaller or interactive panels along Lincoln Road, that would be easier to maintain, and provide revenue to the City, (while at the same time, offering beneficial public use); and WHEREAS,at its February 6, 2013 meeting,the City Commission approved a referral to the Finance and Citywide Projects Committee (FCWPC) to discuss the possibility of installing smaller fixed or digital advertising panels; and WHEREAS,at its February 20, 2013, the FCWPC recommended that the item be referred to the Historic Preservation Board to seek direction as to what type of directory structures are most appropriate for the Lincoln Road Corridor; and WHEREAS, pending this review process, and the City Commission's subsequent determination as to how to proceed, the City Administration recommends that the Mayor and City Commission extend the Agreement, on a month-to-month basis, upon the same terms and conditions, and terminable by the City upon and for convenience, thirty(30)days prior written notice to corridor. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, and other good and valuable consideration,the sufficiency of which is hereby acknowledged, City and Contractor hereby agree as follows: Section 2. TERM. Effective April 18, 2013, the Agreement may be continued, upon the same terms and conditions, on a month-to-month term, terminable by the City, through its City Manager, for convenience and without cause, upon thirty (30) days prior written notice to Contractor. v IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized representatives the day and year first above written: ATTEST: CITY OF MIAMI BE CH g4t ................-9�. atti Herrera Bower, Mayor Rafa I Granado, City Clerk INCORP ORATED: .• e4, ,�� CH 26,E ATTEST: CLEAR CHANNEL ADSHEL, INC. y. Nam ��/ C �/L� �v Name: �A�Pt fFr✓So� Title: i Title: APPROVED AST FORM & LANGUAW 8s FO ECU Attorne r_ Date