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.
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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:
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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.
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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
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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.
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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)
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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
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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
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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) ""'
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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
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