2017-29820 Reso RESOLUTION NO. 2017-29820
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE, SUBSTANTIALLY IN THE FORM
ATTACHED TO THIS RESOLUTION, AMENDMENT NO. 4 TO THE
AGREEMENT, DATED OCTOBER 17, 2001, BETWEEN THE CITY AND
CLEAR CHANNEL OUTDOOR, INC, CURRENTLY ON A MONTH TO MONTH
TERM (EXTENDED TERM); SAID AMENDMENT APPROVING SANCHEZ
ARANGO CONSTRUCTION CO, AS A SUBCONTRACTOR OF CLEAR
CHANNEL UNDER THE AGREEMENT; AND FURTHER APPROVING THE
CITY'S FIFTY PERCENT (50%) CONTRIBUTION TOWARD THE TOTAL COST
OF THE REMOVAL OF TWO (2) BUS SHELTERS AND REINSTALLATION OF
FOUR -(4) BUS SHELTERS BY SUBCONTRACTOR AS A RESULT OF
ROADWAY CONSTRUCTION PROJECTS, IN AN AMOUNT NOT TO EXCEED
$95,000, PURSUANT TO THE PARTIES AGREEMENT (AS MEMORIALIZED
IN AMENDMENT NO. 3 TO THE AGREEMENT) TO EQUALLY SHARE THIS
COST DURING THE EXTENDED TERM.
WHEREAS, on October 17, 2001 Clear Channel Adehel, Inc. (Clear Channel Adshel),
entered into the agreement with the City of Miami Beach to construct, operate and maintain bus
shelters and other street furniture throughout the City, pursuant to Request for Proposals No.
107-99/00 (the Agreement); and
WHEREAS, the Agreement provides for commercial advertising on the bus shelter and
revenue sharing with the City receiving an annual escalating percentage{currently at 30%); 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, on September 28, 2011, the City executed Amendment No. 1 to the
Agreement, which, among other things, 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; and
WHEREAS, on December 9, 2015, the City Commission discussed the potential renewal of
the bus shelter Agreement and the item was referred to the Finance and Citywide Projects Committee
(FCWPC)for discussion; and
WHEREAS, during the discussion, the City Commission recommended issuing a
competitive solicitation for a bus shelter design program that would incorporate features enhancing the
transit experience of passengers, including innovative designs,technology, and other amenities; and
WHEREAS, on January 22, 2016, the FCWPC discussed the renewal of the Agreement and
recommended issuing a Request for Proposals(RFP)for a new bus shelter design to result in a new
iconic design unique to Miami Beach, similar to how the City approached lifeguard stations; and
WHEREAS, the FCWPC recommended that after bus shelter design approval, the
Administration issue an RFP for the construction, operation and maintenance of bus shelter structures
and other street furniture throughout the City; and
WHEREAS, the FCWPC also recommended that the Administration extend the Agreement
until a new agreement is in place; and
WHEREAS, on March 9, 2016, the Mayor and City Commission adopted Resolution No.
2016-29325 accepting the recommendation of the FCWPC to issue a Request for Proposals for the
design of new bus shelters; and authorizing the City Manager to extend the existing Agreement on a
month-to-month basis, terminable for convenience and without cause by the City, after expiration of
the contract term, on October 31, 2016, so that the Agreement will remain in place until a new
agreement is executed; and
WHEREAS, on December 31, 2001, Clear Channel Adshel merged into More, Inc., a
Delaware corporation, and said entity simultaneously changed its name to Clear Channel
Adshel, Inc., a Delaware corporation; and
WHEREAS, Clear Channel Adshel, Inc. is a wholly owned subsidiary of Clear Channel
Outdoor, Inc., a Delaware corporation ("Clear Channel"), which is authorized to do business in
Florida and operates and manages the Agreement as the Contractor; and
WHEREAS, on December 8, 2016, the City and Clear Channel executed Amendment
No. 2 to the Agreement, approving the assignment of the Agreement from Clear Channel
Adshel to Clear Channel, and extending the Agreement from October 31, 2016 until such time
as the City enters into a new agreement for similar services (Extended Term), subject to
termination by the City, for convenience, without cause and without penalty, upon thirty (30)
days written notice to Clear Channel; and
WHEREAS, at the October 19, 2016 meeting, the City Commission discussed an amendment
to the Agreement to address Clear Channel's responsibilities with regard to removal/reinstallation of
bus shelters affected by construction projects during the Extended Term, as well as bus shelter removal
procedures at the end or early termination of the Agreement, but no action by the City Commission was
taken; and
WHEREAS, at its December 14, 2016 meeting, the City Commission adopted Resolution
No. 2016-29674, approving Amendment No. 3 to the Agreement; said amendment, in material
part: (1) providing for the City and Clear Channel to equally share in the cost of removing and
replacing any bus shelter or bench which is required to be removed as a result of ongoing or
new Roadway Construction Projects; (2) requiring a Phase Out Plan for the removal of the bus
shelters and bus benches upon the expiration or termination of the Agreement; (3) clarifying the
applicability of the Agreement to bus shelters and bus benches; and (4) memorializing the
practice of providing the City with ad space for City promotional materials, subject to space
availability; and
WHEREAS, the Amendment No. 3 was executed by the City and Clear Channel on
February 6, 2017; and
WHEREAS, the following bus shelters are pending removal or reinstallation (Pending
Bus Shelters) as a result of previously completed or ongoing roadway construction projects
(Roadway Construction Projects)which have impacted existing bus stops and bus shelters:
• Three (3) bus shelters are pending reinstallation along Alton Road between 5"' Street and
Michigan Avenue due to the FDOT Alton Road Reconstruction Project which began on April 1,
2013 and has been completed;
• One (1) bus shelter at Indian Creek/44th Street is pending reinstallation due to the
FDOT Indian Creek Drainage Project on 43rd Street which began in 2013;
• Two(2) bus shelters located at Indian Creek Drive/37'h Street and at Indian Creek Drive
just south of 41st Street, respectively, are pending removal due to the City's ongoing Indian
Creek Shoreline Project; and
WHEREAS, based on estimates provided by the Sanchez Arango Construction Co., the cost
of each shelter reinstallation is $36,000 and the cost of each shelter removal is $19,500, for a total
cost not to exceed $183,000 (Subcontractor Fee), plus permitting fees(Permitting Fees), for a total
not to exceed sum of$190,000; and
WHEREAS, the City's fifty percent (50%) contribution toward the Subcontractor Fee and
Permitting Fees will not exceed $95,000; and
WHEREAS, the Administration recommends the approval of Amendment No. 4 to the
Agreement, incorporated herein by reference and attached hereto as Exhibit "1".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute, substantially in
the form attached to this Resolution, Amendment No. 4 to the Agreement, dated October 17,
2001, between the City and Clear Channel Outdoor, Inc, currently on a month to month term
(Extended Term); said amendment approving Sanchez Arango Construction Co., as a
subcontractor of Clear Channel under the Agreement; and further approve the City's fifty
percent (50%) contribution toward the total cost of the removal of two (2) bus shelters and
reinstallation of four (4) bus shelters by subcontractor as a result of roadway construction
projects, in an amount not to exceed $95,000, pursuant to the parties agreement (as
memorialized in Amendment No. 3 to the Agreement) to equally share this cost during the
Extended Term.
PASSED AND ADOPTED THIS aG DAY OF April 2017.
ATTEST:
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Rafael E. Granado, City Clef:' B 4 ,`; Le/e, Mayor
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T:\AGENDA\2017\4-April\Transportation\Bus Shelters Amendment No.4 Reso Milos.doc
AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN CITY OF MIAMI
BEACH, FLORIDA AND CLEAR CHANNEL OUTDOOR, INC., A DELAWARE
CORPORATION, AS ASSIGNEE, DATED OCTOBER 17, 2001, TO
CONSTRUCT, OPERATE AND MAINTAIN BUS SHELTER STRUCTURES
AND OTHER STREET FURNITURE THROUGHOUT THE CITY, PURSUANT
TO REQUEST FOR PROPOSALS NO. 107-99/00
This Amendment No. 4 {Amendment) is entered into this day of
, 2017 ("Effective Date"), by and between the City of Miami Beach,
Florida, a municipal corporation, organized and existing under the laws of the State of
Florida, having its principal place of business at 1700 Convention Center Drive, Miami
Beach, Florida 33139 ("City"), and Clear Channel Outdoor, Inc., a Delaware corporation,
authorized to do business in Florida, whose address is 5800 N.W. 77th Court, Miami,
Florida 33166 ("Clear Channel" or"Contractor").
RECITALS
WHEREAS, on October 17, 2001 Clear Channel Adshel, Inc. ("Clear Channel
Adshel"), entered into the agreement with the City to construct, operate and maintain
bus shelters and other street furniture throughout the City, pursuant to Request for
Proposals No. 107-99/00, with an initial term of ten (10) years and one (1) option to renew
for an additional five(5)year term (the "Agreement"); and
WHEREAS, on September 28, 2011, the City executed Amendment No. 1 to the
Agreement which, among other things, exercised the five-year renewal term provided for in
the Agreement, and additionally provided for a subsequent five-year renewal option beyond
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 the discussion was referred to the Finance and Citywide
Projects Committee("FCWPC")for discussion; and
WHEREAS, on January 22, 2016, the FCWPC discussed renewal of the Agreement
and recommended issuing a Request for Proposals ("RFP") for a new bus shelter design to
result in a new iconic design unique to Miami Beach, similar to how the City approached the
lifeguard stations; and
WHEREAS, the FCWPC recommended that subsequent to the bus shelter design
approval, the Administration issue an RFP for the construction, operation and maintenance of
bus shelter structures and other street furniture throughout the City; and
WHEREAS, the FCWPC recommended that the Administration extend the existing
contract with Clear Channel Adshel on a month-4o-month basis until a new agreement is in
place; and
WHEREAS, on March 9, 2016, the Mayor and City Commission adopted Resolution
No. 2016-29325, accepting the recommendation of the FCWPC 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, on a month-to-month basis,
terminable for convenience and without cause by the City, at its discretion, after expiration of
the term of the Agreement, on October 31, 2016, so that the Clear Channel contract will
remain in place until a new contract is executed: and
Exhibit "1"
WHEREAS, on December 31, 2001, Clear Channel Adshel merged into More,
Inc., a Delaware corporation, and said entity simultaneously changed its name to Clear
Channel Adshel, Inc., a Delaware corporation; and
WHEREAS, Clear Channel Adshel, Inc., a Delaware corporation, is a wholly
owned subsidiary of Clear Channel Outdoor, Inc., a Delaware corporation, which is
authorized to do business in Florida and operates and manages the Agreement as the
Contractor; and
WHEREAS, on December 8, 2016, the City and Clear Channel executed
Amendment No. 2 to the Agreement, approving the assignment of the Agreement from
Clear Channel Adshel to Clear Channel and extending the Agreement from October 31,
2016 until such time as the City enters into a new agreement for similar services
(Extended Term), subject to termination by the City, for convenience, without cause and
without penalty, upon thirty (30) days written notice to ClearChannel; and
WHEREAS, at its December 14, 2016 meeting, the City Commission adopted
Resolution No. 2016-29674, approvingAmendment No. 3 to the Agreement; said
amendment, in material part: (1) provid ng for the City and Clear Channel to equally
share in the cost of removing and replacing any bus shelteror bench which is required to
be removed as a result of ongoing or new Roadway Construction Projects; (2) requiring
a Phase Out Plan for the removal of the bus' shelters and bus benches upon the
expiration or termination of the Agreement; (3) clarifying the applicability of the
Agreement to bus shelters and bus benches; and (4 , emorializing the practice of
providing the City with ad space for City promotional materials, subject to space
availability; and
WHEREAS, Amendment No. 3 was executed by the City and Clear Channel on
February 6, 2017 4the Agreement and Amendments No. 1, No. 2 and No. 3 shall be
referred to herein collectively 4s the "Agreement"); and
WHEREAS, the following Bus Shelters and/or Street Furniture are pending
removal or reinstallation ("Pending Construction Bus Shelters") as a result of previously
completed or ongoing roadwayc\nstruction projects which have been initiated by the
City("Roadway Construction Projects") and which impacted bus stops and Bus Shelters:
• Three (3) bus shelters along Alton Road between 5th Street and Michigan Avenue
are pending reinstallation due to the FDOT Alton Road Reconstruction Project which
began on April 1, 2013 and has been completed;
• One (1) bus shelter at Indian Creek just south of 44th Street is pending
reinstallation due to the FOOT Indian Creek Drainage Project on 43rd Street
which began in 2013;
• Two (2) bus shelters located at Indian Creek Drive/37th Street and at Indian
Creek Drive just south of 41st Street, respectively, are pending removal due to the
City's ongoing Indian Creek Shoreline Project; and
WHEREAS, on April 26, 2017, the Mayor and City Commission adopted
Resolution No. , approving Amendment No. 4 to the Agreement;
said amendment approving Sanchez Arango Construction Co., as a subcontractor of
Clear Channel under the Agreement; and further approving the City's fifty percent (50%)
Page 2 of 4
contribution toward the total cost of the removal and reinstallation of the Pending
Construction Bus Shelters, in an amount not to exceed $95,000.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Contractor hereby agree to amend the Agreement
as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated herein as part of
this Amendment.
2. MODIFICATIONS.
a. Subsection 4.1.9 is hereby deleted in ,its entirety and replaced with the
following:
4.1.9. Removal and Reinstallation of Bus Shelters and Street Furniture
as a result of Roadway Construction Projects Duringthe Extended Term.
During the Extended Term, the`'City and Contractor shall'equally share in any
and all costs (Subcontractor's Fee), including applicable,.permitting fees
(Permitting Fees), relating to the removal' and re-installation', f any Bus
Shelter or Street Furniture, which is requested by the City, as a result of City
initiated Roadway Construction Projects which impact bus stops, Bus
Shelters or Street Furniture. Prior.,to commencing any work in connection
with this subsection, Clear Channel:tshall provide the City with a written
proposal for the requested work from licensed subcontractor for approval by
the City Manager. Upon the City Manager approving, in writing, the proposal
and subcontractor (in accordance with Subsection 21.9), the approved
subcontractor will °be authorized to perform the work. The City shall
reimburse Contractor for the City's fifty percent (50%) share of the
Subcontractor's Fee and Permitting,Fees associated with the work within
forty-five;(45) days from: (1) receipt Of an invoice from Contractor and (2) the
date in which the work has been completed, including closure of any required
building permits.
): 4.1.9.1 Pursuant to Subsection 21.9 of the Agreement, Sanchez Aranqo
Construction Co., a Florida corporation, is hereby approved as Clear
Channel's subcontractor under the Agreement, in connection with the
work relating to the Pending Construction Bus Shelters, as more
particularly":set forth in Sanchez Aranqo Construction Estimate No.
, between Contractor and subcontractor, dated
, incorporated herein by reference and attached hereto, for a
Subcontractor's Fee not to exceed $183,000, plus any applicable
Permitting Fees, for a total not to exceed sum of$190,000).
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of
this Amendment shall govern.
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
•
ATTEST:
By:
Rafael E. Granado, City Clerk Philip Levine, Mayor
Date
4 If
CLEAR CHANNEL OUTDOOR, INC.
ATTEST:
By:
Print Name Print Name
Date
Page 4 of 4
Resolutions -C7 U
MIAMI BEAH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 26, 2017
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SUBSTANTIALLY IN THE FORM
ATTACHED TO THIS RESOLUTION, AMENDMENT NO. 4 TO THE
AGREEMENT, DATED OCTOBER 17, 2001, BETWEEN THE CITY AND
CLEAR CHANNEL OUTDOOR, INC., CURRENTLY ON A MONTH TO MONTH
TERM (EXTENDED TERM); SAID AMENDMENT APPROVING SANCHEZ
ARANGO CONSTRUCTION CO, AS A SUBCONTRACTOR OF CLEAR
CHANNEL UNDER THE AGREEMENT; AND FURTHER APPROVING THE
CITY'S FIFTY PERCENT (50%) CONTRIBUTION TOWARD THE TOTAL
COST OF THE REMOVAL OF TWO (2) BUS SHELTERS AND
REINSTALLATION OF FOUR (4) BUS SHELTERS BY SUBCONTRACTOR
AS A RESULT OF ROADWAY CONSTRUCTION PROJECTS, IN AN
AMOUNT NOT TO EXCEED $95,000, PURSUANT TO THE PARTIES
AGREEMENT (AS MEMORIALIZED IN AMENDMENT NO. 3 TO THE
AGREEMENT) TO EQUALLY SHARE THIS COST DURING THE
EXTENDED TERM.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve the Resolution.
BACKGROUND
On October 17, 2001, the City and Clear Channel Adshel, Inc. (contractor) executed an agreement
(the Agreement) for contractor to construct, operate and maintain bus shelter structures and other
street furniture 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, among other things, 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
Page 718 of 1596
Channel submit a proposal detailing plans to develop and/or convert at least ten (10) bus shelters
to LCD (interactive digital advertisement)technology.
On December 9, 2015, the City Commission discussed the potential renewal of the 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 design 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 the renewal of the Agreement. The Committee
recommended issuing a Request for Proposals (RFP)for a new bus shelter design to result in a
new iconic design unique to Miami Beach, similar to what was done for our lifeguard stations.
Subsequent to the 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. Finally, the FCWPC recommended that the Administration extend the
Agreement on a month-to-month basis until the new contract is in place.
On March 9, 2016, the Mayor and City Commission adopted Resolution No. 2016-29325,
accepting the recommendation of the FCPWC to issue a Request For Proposals for the design of
new bus shelters; and authorizing the City Manager to extend the Agreement 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 Agreement will remain in place
until a new Agreement is executed.
On December 31, 2001, Clear Channel Adshel merged into More, Inc., a Delaware corporation, and
said entity simultaneously changed its name to Clear Channel Adshel, Inc., a Delaware corporation.
Clear Channel Adshel, Inc., a Delaware corporation, is a wholly owned subsidiary of Clear Channel
Outdoor, Inc., a Delaware corporation (Clear Channel),which is authorized to do business in Florida
and operates and manages the Agreement as the Contractor.
On December 8, 2016, the City and Clear Channel executed Amendment No. 2 to the Agreement,
approving the assignment of the Agreement from Clear Channel Adshel to Clear Channel and
extending the Agreement from October 31, 2016 until such time as the City enters into a new
agreement for similar services (Extended Term), subject to termination by the City, for convenience,
without cause and without penalty, upon thirty(30)days written notice to Clear Channel.
At its October 19, 2016 meeting, the City Commission discussed an amendment to the Agreement
which would address Clear Channel's responsibilities with regards to removal/re-installation of bus
shelters affected by roadway construction projects during the Extended Term as well as bus shelter
removal at the end of the term, or termination of the Agreement. No action by the City Commission
was taken.
At its December 14, 2016 meeting, the City Commission adopted Resolution No. 2016-29674
approving Amendment No. 3 to the Agreement. The Amendment No. 3 was executed on February 6,
2017 and provides for the following modifications during the Extended Term: (1) that the City and
Clear Channel shall equally share in the cost of removing and replacing any bus shelters or other
street furniture which are required to be removed as a result of ongoing or new city construction
projects; (2) memorializing the agreement to continue providing the City with ad space for City
promotional materials, at the out-of-pocket cost to Clear Channel, subject to space availability; (3)
clarifying that"Street Furniture" or"Other Street Furniture" refers to bus benches, and providing for
a phase out plan for the removal of the bus shelters and other street furniture upon the termination of
the existing agreement.
ANALYSIS
Currently, various bus shelters and/or street furniture are pending removal or reinstallation as a
Page 719 of 1596
result of previously completed or ongoing roadway construction projects which have impacted
existing bus stops and bus shelters. These include:
Three (3) bus shelters are pending reinstallation along Alton Road between 5th
Street and Michigan Avenue due to the FDOT Alton Road Reconstruction Project
which began on April 1, 2013 and has been completed.
One (1) bus shelter at Indian Creek/44th Street is pending reinstallation due to the
FDOT Indian Creek Drainage Project on 43rd Street which began in 2013 and has
been completed.
Two (2) bus shelters located at Indian Creek Drive/37th Street and at Indian Creek
Drive just south of 41St Street, respectively, are pending removal due to the City's
ongoing Indian Creek Shoreline Project.
Pursuant to the Amendment No. 3, the City and Clear Channel shall equally share in the cost
(including permit fees)of removing and replacing any bus shelters or other street furniture which
are required to be removed as a result of ongoing or new City construction projects (the work).
Section 21.9 of the Agreement states that any subconsultants or subcontractors retained by the
Contractor(Clear Channel)pursuant to the Agreement must receive the prior written approval of
the City. Pursuant to the language in the Agreeement, the City Manager may approve
subcontractor on behalf of the City. The Administration is recommending the approval of
Sanchez Arango Construction Co., who has satisfactorily performed this type of the work for
Clear Channel since 2001. Based on estimates provided by Sanchez Arango Construction,
Co., the cost of shelter installation is $36,000 per shelter and the cost of shelter removal is
$19,500 per shelter. This would result in a not-to-exceed cost to the City of $95,000, including
permit fees, for the two (2)pending shelter removals and four(4)pending shelter installations.
CONCLUSION
Transit stop amenities significantly affect quality of transit service. Bus shelters provide
passengers with protection from the elements and improving the quality of service for the
captive riders and encouraging more choice riders to take public transit service. The
Administration recommends approval substantially in the form attached to this Resolution, of
Amendment No. 4 to the Agreement. Please refer to the attachment for the Resolution and the
Amendment.
KEY INTENDED OUTCOMES SUPPORTED
Ensure Comprehensive Mobility Addressing All Modes Throughout The City
FINANCIAL INFORMATION
The total cost for known pending shelter installations and removals is estimated not to exceed
$95,000. This effort would be funded from the Transportation Fund.
Amount 1 $95,000 Account 1 106-9615-000349
Legislative Tracking
Transportation
Page 720 of 1596
AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN CITY OF MIAMI
BEACH, FLORIDA AND CLEAR CHANNEL OUTDOOR, INC., A DELAWARE
CORPORATION, AS ASSIGNEE, DATED OCTOBER 17, 2001, TO
CONSTRUCT, OPERATE AND MAINTAIN BUS SHELTER STRUCTURES
AND OTHER STREET FURNITURE THROUGHOUT THE CITY, PURSUANT
TO REQUEST FOR PROPOSALS NO. 107-99/00
This Amendment No. 4 (Amendment) is entered into this day of
, 2017 ("Effective Date"), by and between the City of Miami Beach,
Florida, a municipal corporation, organized and existing under the laws of the State of
Florida, having its principal place of business at 1700 Convention Center Drive, Miami
Beach, Florida 33139 ("City"), and Clear Channel Outdoor, Inc., a Delaware corporation,
authorized to do business in Florida, whose address is 5800 N.W. 77th Court, Miami,
Florida 33166 ("Clear Channel" or"Contractor").
RECITALS
WHEREAS, on October 17, 2001 Clear Channel Adshel, Inc. ("Clear Channel
Adshel"), entered into the agreement with the City to construct, operate and maintain
bus shelters and other street furniture throughout the City, pursuant to Request for
Proposals No. 107-99/00, with an initial term of ten (10) years and one (1)option to renew
for an additional five(5)year term(the"Agreement"); and
WHEREAS, on September 28, 2011, the City executed Amendment No. 1 to the
Agreement which, among other things, exercised the five-year renewal term provided for in
the Agreement, and additionally provided for a subsequent five-year renewal option beyond
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 the discussion was referred to the Finance and Citywide
Projects Committee("FCWPC")for discussion; and
WHEREAS, on January 22, 2016, the FCWPC discussed renewal of the Agreement
and recommended issuing a Request for Proposals ("RFP") for a new bus shelter design to
result in a new iconic design unique to Miami Beach, similar to how the City approached the
lifeguard stations; and
WHEREAS, the FCWPC recommended that subsequent to the bus shelter design
approval, the Administration issue an RFP for the construction, operation and maintenance of
bus shelter structures and other street furniture throughout the City; and
WHEREAS, the FCWPC recommended that the Administration extend the existing
contract with Clear Channel Adshel on a month-to-month basis until a new agreement is in
place; and
WHEREAS, on March 9, 2016, the Mayor and City Commission adopted Resolution
No. 2016-29325, accepting the recommendation of the FCWPC 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, on a month-to-month basis,
terminable for convenience and without cause by the City, at its discretion, after expiration of
the term of the Agreement, on October 31, 2016, so that the Clear Channel contract will
remain in place until a new contract is executed; and.
Pa hi i tof 1l'596
WHEREAS, on December 31, 2001, Clear Channel Adshel merged into More,
Inc., a Delaware corporation, and said entity simultaneously changed its name to Clear
Channel Adshel, Inc., a Delaware corporation; and
WHEREAS, Clear Channel Adshel, Inc., a Delaware corporation, is a wholly
owned subsidiary of Clear Channel Outdoor, Inc., a Delaware corporation, which is
authorized to do business in Florida and operates and manages the Agreement as the
Contractor; and
WHEREAS, on December 8, 2016, the City and Clear Channel executed
Amendment No. 2 to the Agreement, approving the assignment of the Agreement from
Clear Channel Adshel to Clear Channel and extending the Agreement from October 31,
2016 until such time as the City enters into a new agreement for similar services
(Extended Term), subject to termination by the City, for convenience, without cause and
without penalty, upon thirty(30)days written notice to Clear Channel; and
WHEREAS, at its December 14, 2016 meeting, the City Commission adopted
Resolution No. 2016-29674, approving Amendment No. 3 to the Agreement; said
amendment, in material part: (1) providing for the City and Clear Channel to equally
share in the cost of removing and replacing any bus shelter or bench which is required to
be removed as a result of ongoing or new Roadway Construction Projects; (2) requiring
a Phase Out Plan for the removal of the bus shelters and bus benches upon the
expiration or termination of the Agreement; (3) clarifying the applicability of the
Agreement to bus shelters and bus benches; and (4) memorializing the practice of
providing the City with ad space for City promotional materials, subject to space
availability; and
WHEREAS,Amendment No. 3 was executed by the City and Clear Channel on
February 6, 2017 (the Agreement and Amendments No. 1, No. 2 and No. 3 shall be
referred to herein collectively as the "Agreement"); and
WHEREAS, the following Bus Shelters and/or Street Furniture are pending
removal or reinstallation ("Pending Construction Bus Shelters") as a result of previously
completed or ongoing roadway construction projects which have been initiated by the
City("Roadway Construction Projects") and which impacted bus stops and Bus Shelters:
• Three(3)bus shelters along Alton Road between 5th Street and Michigan Avenue
are pending reinstallation due to the FDOT Alton Road Reconstruction Project which
began on April 1,2013 and has been completed;
• One (1) bus shelter at Indian Creek just south of 44th Street is pending
reinstallation due to the FDOT Indian Creek Drainage Project on 43`' Street
which began in 2013;
• Two (2) bus shelters located at Indian Creek Drive/37th Street and at Indian
Creek Drive just south of 41' Street, respectively, are pending removal due to the
City's ongoing Indian Creek Shoreline Project;and
WHEREAS, on April 26, 2017, the Mayor and City Commission adopted
Resolution No. , approving Amendment No. 4 to the Agreement;
said amendment approving Sanchez Arango Construction Co., as a subcontractor of
Clear Channel under the Agreement; and further approving the City's fifty percent (50%)
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•
contribution toward the total cost of the removal and reinstallation of the Pending
Construction Bus Shelters, in an amount not to exceed $95,000.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Contractor hereby agree to amend the Agreement
as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated herein as part of
this Amendment.
2. MODIFICATIONS.
a. Subsection 4.1.9 is hereby deleted in, its entirety and replaced with the
following:
4.1.9. Removal and Reinstallation of Bus Shelters and Street Furniture
as a result of Roadway Construction Projects During the Extended Term.
During the Extended Term, the City and Contractor shall equally share in any
and all costs (Subcontractor's Fee) including applicable permitting fees
(Permitting Fees), relating to the removal and re-installation of any Bus
Shelter or Street Furniture, which is requested by the City, as a result of City
initiated Roadway Construction Projects which impact bus stops, Bus
Shelters or Street Furniture. Prior to commencing any work in connection
with this subsection, Clear Channel shall provide the City with a written
proposal for the requested work from a licensed subcontractor for approval by
the City Manager. Upon the City Manager approving, in writing, the proposal
and subcontractor (in accordance with Subsection 21.9), the approved
subcontractor will be authorized to perform the work. The City shall
reimburse Contractor for the City's fifty percent (50%) share of the
Subcontractors Fee and Permitting Fees associated with the work within
forty-five (45) days from: 11) receipt of an invoice from Contractor and (2) the
date in which the work has been completed, including closure of any required
building permits.
4.1.9.1 Pursuant to Subsection 21.9 of the Agreement, Sanchez Aranqo
Construction Co., a Florida corporation, is hereby approved as Clear
Channel's subcontractor under the Agreement, in connection with the
work relating to the Pending Construction Bus Shelters, as more
particularly set forth in Sanchez Arango Construction Estimate No.
between Contractor and subcontractor, dated
, incorporated herein by reference and attached hereto, for a
Subcontractor's Fee not to exceed $183,000, plus any applicable
Permitting Fees, for a total not to exceed sum of$190,000).
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of
this Amendment shall govern.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E. Granado, City Clerk Philip Levine, Mayor
Date
CLEAR CHANNEL OUTDOOR, INC.
ATTEST:
By:
Print Name Print Name
Date
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