2016-29325 Reso RESOLUTION NO. 2016-29325
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE TO ISSUE A REQUEST FOR PROPOSALS FOR THE
DESIGN OF NEW BUS SHELTERS; AND AUTHORIZING THE CITY
MANAGER TO EXTEND THE EXISTING AGREEMENT BETWEEN
THE CITY AND CLEAR CHANNEL ADSHEL, INC., ON A MONTH-TO-
MONTH BASIS, TERMINABLE FOR CONVENIENCE AND WITHOUT
CAUSE BY THE CITY, AT ITS DISCRETION AFTER, EXPIRATION OF
THE CURRENT TERM OF THE AGREEMENT OCTOBER 31, 2016, SO
THAT THE CLEAR CHANNEL CONTRACT WILL REMAIN IN PLACE
UNTIL A NEW CONTRACT IS EXECUTED.
WHEREAS, in October 2001, the City executed an agreement between the City and
Clear Channel Adshel, Inc. (herein after referred to as Clear Channel) to construct, operate and
maintain bus shelter structures and other street furniture (bus benches, trash cans and bicycle
racks) on public right-of-ways throughout the City (the Agreement); and
WHEREAS, the Agreement had an initial term of ten (10) years, with an option to renew
for an additional five (5) year term; and
WHEREAS, the Agreement provides for commercial advertising on the bus shelters and
revenue sharing, with the City receiving an annual escalating percentage; and
WHEREAS, the Agreement provides for installation of a minimum of 107 bus shelters at
locations mutually agreed to by the City and Clear Channel; and
WHEREAS, on September 28, 2011, the City executed Amendment No. 1 to the
Agreement, which exercised the five-year renewal term provided for in the Agreement and,
additionally, provided for a subsequent five-year renewal option, beyond expiration of the first
renewal term (on October 31, 2016), at the City's discretion; and
WHEREAS, on December 9, 2015, the City Commission discussed the potential renewal
of the Agreement, and referred the item to the Finance and Citywide Projects Committee
(FCWPC); and
WHEREAS, on January 22, 2016, the FCWPC discussed the item and recommended
proceeding with the issuance of a Request for Proposals (RFP) for a new bus shelter design, to
result in a new, potentially iconic design unique to Miami Beach (similar to what was done for
our lifeguard stations); and
WHEREAS, subsequent to a new bus shelter design being approved by the City, the
Committee recommended issuing a subsequent RFP to construct, operate, and maintain a bus
shelter program throughout the City; and
WHEREAS, the FCWPC also recommended that in the interim the Administration also
extend the Agreement with Clear Channel, on a month-to-month term, after the expiration of the
existing term of the Agreement on October 31, 2016, until a new contract in in place.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission accept the
recommendation of the Finance and Citywide Projects Committee to issue a Request For
Proposals for the design of new bus shelters; and authorizing the City Manager to extend the
existing Agreement between the City and Clear Channel Adshel, Inc., on a month-to-month
basis, terminable for convenience and without cause by the City, at its discretion after,
expiration of the current term of the Agreement on October 31, 2016, so that the clear channel
contract will remain in place until a new contract is executed.
PASSED AND ADOPTED THIS DAY OF MQPCA--- 2016.
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T:WGENDA\2016\March\Transportation\Resolution accepting the recommendation of the Finance and City Wide Projects Committee to issue a request for proposal for the design of bus
shelters RESO.doc
APPROVED ANGUAGE
FORM &
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City Attorney
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO ISSUE
A REQUEST FOR PROPOSALS FOR THE DESIGN OF NEW BUS SHELTERS;AND AUTHORIZING THE CITY
MANAGER TO EXTEND THE EXISTING AGREEMENT BETWEEN THE CITY AND CLEAR CHANNEL ON A
MONTH-TO-MONTH BASIS AFTER EXPIRATION ON OCTOBER 31, 2016, AS NEEDED, SUCH THAT THE
CLEAR CHANNEL CONTRACT WOULD REMAIN IN PLACE UNTIL THE NEW CONTRACT IS EXECUTED.
Key Intended Outcome Supported:
Ensure Comprehensive Mobility Addressing All Modes Throughout The City
Supporting Data(Surveys, Environmental Scan,etc): N/A
Item Summary:
In October 2001, an agreement between the City and Clear Channel Adshel, Inc. (herein after referred to as Clear
Channel)was executed for Clear Channel to construct,operate and maintain bus shelter structures and other street
furniture(bus benches,trash cans and bicycle racks)on the public Right-of-Way throughout the City.The Agreement
had an initial term of ten(10)years with an option to renew for an additional five(5)year term.The Agreement provides
for commercial advertising on the bus shelter and revenue sharing with the City receiving an annual escalating
percentage (currently at 30%).The Agreement stipulates installation of a minimum of 107 bus shelters at locations
mutually agreed to by the City and Clear Channel. On September 28,2011,the City executed Amendment No.1 to the
Agreement between the City and Clear Channel which exercised the five-year renewal term provided for in the
Agreement and additionally provided for a subsequent five-year term renewal option beyond October 31,2016 at the
City's discretion. On December 9, 2015, the City Commission discussed the potential renewal of the bus shelter
Agreement. A motion was made to refer the item to the Finance and Citywide Projects Committee (FCWPC) for
discussion.However,during the discussion,the City Commission recommended issuing a competitive solicitation for a
bus shelter program that would incorporate features enhancing the transit experience of passengers, including
innovative designs,technology, and other amenities.
On January 22,2016,the FCWPC discussed renewal of the agreement between the City of Miami Beach and Clear
Channel, Inc. to construct, operate, and maintain bus shelter structures and other street furniture. The Committee
recommended issuing a Request for Proposals(RFP)for a new bus shelter design to result in a new design unique to
Miami Beach, similar to what was done for our lifeguard stations. Subsequent to bus shelter design approval by the
City,the Committee recommended issuing an RFP to construct,operate and maintain bus shelter structures and other
street furniture throughout the City.As part of the recommendation,the Committee recommended that a consultant with
expertise in designing bus shelters be included on the design team. Further,the Committee recommended that staff
include the requirement that the vendor reimburse Clear Channel for the remaining life of existing shelters,so that the
shelters would not need to be removed as would otherwise be provided for in the Clear Channel contract.Section 14 of
the existing contract states that at the end of the term of the agreement, or otherwise upon termination of the
agreement, Clear Channel is required to remove any and all bus shelters and street furniture erected and installed
pursuant to the agreement at its sole cost and expense and at no cost to the City. At this time, Clear Channel has
installed and maintains 107 bus shelters and 180 bus benches in the City. In order for these elements to remain in
place after the expiration of the agreement with Clear Channel,the City and Clear Channel would have to negotiate an
amendment to the existing agreement providing for the City's retention or the existing shelters and benches(as well as
other street furniture that is covered under the Agreement). Finally,the FCWPC recommended that the Administration
extend the existing contract with Clear Channel on a month-to-month until the new project is in place.As part of the
RFP,staff will be developing requirements for bus shelter amenities,such as:air conditioning;Wi-Fi,pay station;phone
chargers; interactive kiosk; security cameras; lighting; security system with panic button; solar powered or alternate
power option; and digital real time bus arrival signs, for inclusion in the RFP for a new bus shelter design. The
Administration will bring a draft RFP to City Commission for approval prior to issuance.Additionally,staff will work with
Clear Channel to extend the contract on a month-to-month.The Clear Channel contract would remain in place until the
new contract is executed.
THE ADMINSTRATION RECOMMENDS APPROVING THE RESOLUTION.
Advisory Board Recommendation: The Finance and Citywide Projects Committee moved this item to the
Commission with a recommendation of going out for Request for Proposal(RFP)for the design of new bus shelters.
Financial Information:
Source of Amount Account
Funds:
OBPI Total
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking:
Jose R. Gonzalez, P.E.
Sign-Offs:
Department Director Assistant City Manager City M
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T:\AGENDA\2016\March\Transportation\Resolution accepting the r; •mmendation of the Finance and City Wide Pr,iects_Committee to _
Agenda Item Ri K
MIAMIBEACH Date
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
CO MISSION MEMORANDUM
TO: Mayor Philip Levine and Members • the City Co ►mission
FROM: Jimmy L. Morales, City Manager
DATE: March 9, 2016
SUBJECT: A RESOLUTION OF THE MAYOR A `D CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING TH RECOMMENDATION OF THE FINANCE AND
CITYWIDE PROJECTS COMMITTEE TO ISSUE A REQUEST FOR PROPOSALS FOR THE
DESIGN OF NEW BUS SHELTERS; AND AUTHORIZING THE CITY MANAGER TO
EXTEND THE EXISTING AGREEMENT BETWEEN THE CITY AND CLEAR CHANNEL ON
A MONTH-TO-MONTH BASIS AFTER EXPIRATION ON OCTOBER 31, 2016, AS NEEDED,
SUCH THAT THE CLEAR CHANNEL CONTRACT WOULD REMAIN IN PLACE UNTIL THE
NEW CONTRACT IS EXECUTED.
BACKGROUND
In October 2001, an Agreement between the City and Clear Channel Adshel, Inc. (herein after
referred to as Clear Channel) was executed for Clear Channel to construct, operate and
maintain bus shelter structures and other street furniture (bus benches, trash cans and bicycle
racks) on the public Right-of-Way (ROW) throughout the City. The Agreement had an initial term
of ten (10) years with an option to renew for an additional five (5) year term. The Agreement
provides •for commercial advertising on the bus shelter and revenue sharing with the City
receiving an annual escalating percentage (currently at 30%). The Agreement stipulates
installation of a minimum of 107 bus shelters at locations mutually agreed to by the City and
Clear Channel.
On September 28, 2011, the City executed Amendment No. 1 to the Agreement between the
City and Clear Channel which exercised the five-year renewal term provided for in the
Agreement and additionally provided for a subsequent five-year term renewal option beyond
October 31, 2016 at the City's discretion. Additionally, the Amendment required that Clear
Channel submit a proposal detailing plans to develop and/or convert at least ten (10) bus
shelters to LCD (interactive digital advertisement)technology.
On November 6, 2012, Clear Channel submitted an application to the Design Review Board
(DRB) for approval of the proposed plans titled "City of Miami Beach Digital Bus Shelter and
Free Standing Display Presentation", which presented modifications to the design of the bus
shelters to accommodate digital advertisement. DRB provided feedback and continued the
application, in order to allow the Historic Preservation Board (HPB) to also review the
application and provide comments.
On November 20, 2012, the HPB denied the application, and further passed a resolution
strongly opposing any form of digital advertising on bus shelters located within historic
neighborhoods.
On February 5, 2013, the DRB denied Clear Channel's application based on the resolution from
the HPB and additional inconsistencies of the proposal with the board's design criteria.
Commission Memorandum—Resolution accepting the recommendation of the Finance and City
Wide Projects Committee to issue a request for proposal for the design of bus shelters
March 9, 2016
Page 2 of 2
On December 9, 2015, the City Commission discussed the potential renewal of the bus shelter
Agreement. A motion was made to refer the item to the Finance and Citywide Project
Committee (FCWPC) for discussion. However, during the discussion, the City Commission
recommended issuing a competitive solicitation for a bus shelter program that would incorporate
features enhancing the transit experience of passengers, including innovative designs,
technology, and other amenities.
On January 22, 2016, the FCWPC discussed renewal of the agreement between the City of
Miami Beach and Clear Channel, Inc. to construct, operate, and maintain bus shelter structures
and other street furniture. The Committee recommended issuing a Request for Proposals (RFP)
for a new bus shelter design to result in a new design unique to Miami Beach, similar to what
was done for our lifeguard stations. Subsequent to bus shelter design approval by the City, the
Committee recommended issuing an RFP to construct, operate and maintain bus shelter
structures and other street furniture throughout the City. As part of the recommendation, the
Committee recommended that a consultant with expertise in designing bus shelters be included
on the design team. Further, the Committee recommended that staff include the requirement
that the vendor reimburse Clear Channel for the remaining life of existing shelters, so that the
shelters would not need to be removed as would otherwise be provided for in the Clear Channel
contract. Section 14 of the existing contract states that at the end of the term of the agreement,
or otherwise upon termination of the agreement, Clear Channel is required to remove any and
all bus shelters and street furniture erected and installed pursuant to the agreement at its sole
cost and expense and at no cost to the City. At this time, Clear Channel has installed and
maintains 107 bus shelters and 180 bus benches in the City. In order for these elements to
remain in place after the expiration of the agreement with Clear Channel, the City and Clear
Channel would have to negotiate an amendment to the existing agreement providing for the
City's retention or the existing shelters and benches (as well as other street furniture that is
covered under the Agreement).
Finally, the FCWPC recommended that the Administration extend the existing contract with
Clear Channel on a month-to-month until the new project is in place.
ANALYSIS
As part of the RFP, staff will be developing requirements for bus shelter amenities, such as: air
conditioning; Wi-Fi, pay station; phone chargers; interactive kiosk; security cameras; lighting;
security system with panic button; solar powered or alternate power option; and digital real time
bus arrival signs, for inclusion in the RFP for a new bus shelter design. The Administration will
bring a draft RFP to City Commission for approval prior to issuance. Additionally, staff will work
with Clear Channel to extend the contract on a month-to-month. The Clear Channel contract
would remain in place until the new contract is executed.
RECOMMENDATION
The Administration recommends approving this Resolution to issue a Request for Proposals for
the design of new bus shelters and authorizing the City Manager to extend the existing
agreement between the City and Clear Channel on a month-to-month basis after expiration on
October 31, 2016, as needed, such that the Clear Channel contract would remain in place until
the ne contract is executed.
JLM/ B/a/MM
Resolution accepting the recommendation of the Finance and City Wide Projects Committee to issue a request for proposal for the
design of bus shelters