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Ord No 04-12-2120ORDINANCE NO. 04 -12 -2120 An Ordinance authorizing the City Manager to execute a 5 -year franchise agreement with Insite Martin Outdoor for bus bench service including a fee paid to the City derived from advertising revenue. WHEREAS, the City desires to enter into a bus bench service franchise agreement with a contractor, Insite Martin Outdoor, who will install and maintain bus benches located within City boundaries for an initial five (5) year period; and WHEREAS, Insite Martin Outdoor will pay the City an annual fee from advertising revenue received by the contractor for advertising that is approved by the City and placed on City bus benches by Insite Martin Outdoor; and WHEREAS, the City, at its option, may renew the agreement for one, five (5) year term; and WHEREAS, the City may add or delete the number of bus benches that are designated for advertising over the term of the agreement, NOW, THEREFORE, BE IT ENACTED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manger is hereby authorized to execute the attached multi -year franchise agreement with Insite Martin Outdoor to provide for the installation and maintenance of the City's bus benches, without charge to the City, and to allow the contractor to place advertising on certain benches for which the City will be paid a fee. Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date: This ordinance shall take effect immediately upon enactment. PASSED AND ENACTED this 20th day of March, 2012, ATTEST: APPROVED: CITY CLERK MAYOR Page 1 of 2 Ord. No. 04 -12 -2120 1ST Reading 2nd Reading READ AND), LANGU E U ON .3/6/12 .3/20/12 PR VED AS TO ALITY THEREOF CITYATTORN EY M, COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea Page 2 of 2 South Miami All- America Cn➢ CITY OF SOUTH MIAMI I lie OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission From: Hector Mirabile, PhD, City Manager Date: Februa ry 24 2012 , Subject, An Ordinance authorizing the City Manager to execute a 5 -year franchise agreement with Insite Martin Outdoor for bus bench service including a fee paid to the City derived from advertising revenue. Background: The City of South Miami requested sealed proposals from companies interested in doing business in•the City to provide bus bench services. There are currently approximately 80 bus stops located within the City's boundaries; 47 of those bus stops have advertising. The City held a mandatory pre -bid meeting on November 30, 2011 in which six different companies attended. All proposals were to be received by the City before 10 am on Friday, December 9, 2011. At the bid opening the City received one response from the existing vendor, InSite Martin Outdoor, LLC. The City allows bus bench advertising on bus benches located within commercial areas, however, does not allow bus bench advertising in any residential area. The City defines a commercial area when an intersection is bordered on all four sides with commercial development or is zoned commercial. If an intersection has one residential area on one of the four sides, that location is considered residential and would not be subject to bus bench advertising. Bus benches located in the business district are the property of the City and are not subject to advertising. Insite Martin Outdoor proposes to pay the City a fee for the placement of bus benches in the City and will be required to maintain, install, remove or replace bus benches and trash receptacles for the term -of the agreement. Non - advertising benches shall be provided at no charge to the City. Logos or artwork identifying or promoting the City on benches without advertising may be suggested by the vendor. There are various restrictions in place with respect to the type and design of advertising placed on bus benches: • All sign, design or writing must comply with all municipal ordinances and must be approved by the City. No sign, design or writing shall be placed on the benches without approval of the City and, no advertisement or sign on any bench placed as a result of this agreement shall display the words, "STOP ", "LOOK ", "DANGER" or any other word, phrase, symbol or character calculated to interfere with, mislead or distract traffic. • No advertising shall be placed . on any bus bench that the City considers immoral, obscene or lascivious. In addition, political signs representing City of South Miami municipal candidacy election seat shall not be placed as advertisement on any of the city designated bus benches. InSite Martin Outdoor is proposing to pay the City a guaranteed per bench rate, based on 47 benches. The total amount paid to the City over the 5 -year term is reflected below: Total $78,396 Should the number of bus bench locations with advertising fluctuate over the contract term, the vendor will continue to pay the City the Per Bench Guaranteed Revenue amounts listed above. The City for example, may replace existing advertising bus bench sites with bus shelters. In that case, the vendor will continue to pay the City the Per Bench Guaranteed Revenue contract rates, but the total number of bus benches would be less than the contract starting point of 47. Conversely, the Annual Guaranteed Revenue paid would be based on fewer bus benches. For example: (Year 2; 44 Benches X $26 = $1,144 Per Month; $13,728 Annual) Payment to the City will occur annually in advance of the execution date of the agreement. The first year payment will be made within 10 -days after execution of the agreement. Under the existing bus bench service agreement, the City has received $37,310 over the past five -year period, averaging $7,462 annually. The new agreement will represent an increase of 52.4% from the current bus bench revenues received by the City. Each firm responding to the RFP was to provide pictures, dimensions, and specifications indicating the bus benches they propose to install in the City, including a residential area model without advertising and a commercial area model with advertising. The design proposed by Insite Martin Outdoor is enclosed. Per Bench # of Guaranteed Monthly Revenue to Annual Revenue to Year Benches Fee the City the City 1 47 $26 $1,222 $14,664 2 47 $26 $1,222 $14,664 3 47 $28 $1,316 $15,792 4 47 $29 $1,363 $16,356 5 47 $30 $12410 $169920 Total $78,396 Should the number of bus bench locations with advertising fluctuate over the contract term, the vendor will continue to pay the City the Per Bench Guaranteed Revenue amounts listed above. The City for example, may replace existing advertising bus bench sites with bus shelters. In that case, the vendor will continue to pay the City the Per Bench Guaranteed Revenue contract rates, but the total number of bus benches would be less than the contract starting point of 47. Conversely, the Annual Guaranteed Revenue paid would be based on fewer bus benches. For example: (Year 2; 44 Benches X $26 = $1,144 Per Month; $13,728 Annual) Payment to the City will occur annually in advance of the execution date of the agreement. The first year payment will be made within 10 -days after execution of the agreement. Under the existing bus bench service agreement, the City has received $37,310 over the past five -year period, averaging $7,462 annually. The new agreement will represent an increase of 52.4% from the current bus bench revenues received by the City. Each firm responding to the RFP was to provide pictures, dimensions, and specifications indicating the bus benches they propose to install in the City, including a residential area model without advertising and a commercial area model with advertising. The design proposed by Insite Martin Outdoor is enclosed. The bus bench incorporates break away points which anchors the bench to the sidewalk. Should the bench get hit by a vehicle, any damage to the sidewalk should be minimal and will be repaired by Insite Martin Outdoor at no cost to the City. The agreement also provides for one, five year option to renew. The renewal, if exercised, is at the option of the City. Fee schedules will be negotiated during the option years. Expense $0 Attachments: Ordinance Bus Service Franchise Agreement Exhibit I Existing Bus Bench Advertising Locations Exhibit 2 Existing Bus Stop Locations (Provided by Miami -Dade County Transit) Exhibit 3 Map of City of South Miami Existing Bus Stop Locations Exhibit 4 Bus Bench Design Provided by Company (Incite Martin Outdoor) Exhibit 5 Insurance and Indemnification Addendum #1 Bus Bench Franchise Agreement Pictures of existing bus benches kulick, Steven P From: Scott Martin [scott @gobenches.com] Sent: Thursday, March 15, 2012 11:08 AM To: kulick, Steven P Steve, To answer your question from yesterday, the recycling industry is extremely specialized and our company is not in that business, some of our reasons for not being able to provide recycling units next to the bench /trash cans we are going to be providing per our agreement are as follows: 1. To install an additional recycling unit would drastically alter the scope of services described in the RFP issued by the City. 2. The cost per unit is on the low end $600- $3,000. 3. The need for an additional truck/ maintenance person as well as additional costs associated 4. There are substantial fines levied if the recyclables are not disposed of properly ( again, we are not a professional recycling company) Please feel free to contact me with any questions /comments Thanks, Scott 11 BUS BENCH SERVICE FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT is made between Insite Martin Outdoor LLC, a Delaware limited liability company qualified to do business in Florida, ( "Company ") and the City of South Miami, a Florida municipal corporation, ( "City "), on Am , this day of, Z/g 2012. WHEREAS, City desires to contract with a third party to manage the City's bus bench services; WHEREAS, no advertising shall be placed on a bench that the City designates as a non- advertising bench, which includes all bus benches located in residential areas. However, the City reserves the right, at its sole discretion, to designate benches in commercial areas as non - advertising; NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Locations of all bus benches shall be in conformance with ADA requirements and approved by the City. Benches shall be located in the public rights -of- -way as close and convenient as practical to the transit stop. A dimensioned site plan of each planned installation shall be submitted and approved by the City prior to commencement of installation of the benches. All benches are required to be inspected by the City's Public Works Department upon completion. All bus stops are required to have a bus bench or shelter, the design and specifications of which shall be approved by the City, unless the existing space does not allow for one or the City waives the requirement to have a bus bench or shelter at that location. Nothing contained herein shall imply that the Company is required to install and /or maintain a shelter. 2. Payment shall be made to the City on an annual basis prior to the anniversary date of the contract. The payment for year one shall be made to the City within I OAays of the execution of this agreement. The Company shall pay the City yearly, in advance of each year of this franchise agreement. The yearly fee shall be calculated CITY OF SOUTH MIAMI Bus BENCH AGREEMENT INSITE MARTIN OUTDOOR bench for year one (1) and year two (2); twenty _ eight ($28.00) dollars for year three (31 twenty nine ($29.00) dollars for year four (4); and thirty ($30.00) dollars for year five (S). The per bench monthly fee is to be used solely for calculating the yearly fees. The monthly fee shall be multiplied by the number of benches. The product of this calculation shall then be multiplied by twelve (12) to determining the yearly fee. The fee schedule over the 5 -year term is below: 'Total $78,396 3. The Company shall install, maintain, keep in good repair and free of graffiti, at all times, bus benches and receptacles that are to be placed in the City of South Miami, at the Company's expense with no expense or cost to the City. Vandalized or otherwise damaged benches and receptacles must be replaced or repaired within 72 -hours of receipt of written notice. The Company shall submit to the City regular reports every month concerning the condition of each of the benches and the receptacles, and if repairs are needed, the Company shall include an estimate of the time need to make the repair. 4. At all times the Company shall maintain the benches in a safe condition and shall make periodic inspections to ascertain that all benches are safe and in good condition. Trash receptacles shall be placed at each bus bench location. 5. The Company agrees to indemnify and hold the City harmless and defend the City from and against any and all liability, damage and claims, and for any injury or damage to persons or property caused by or arising out of the installation, maintenance or use of the benches or trash receptacles or by any cause connected with the benches, whether directly or indirectly, CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR # of Benches Upon Per Bench Contract Guaranteed Monthly Revenue to Annual Revenue to Year Execution Fee the City the City ! 47 $26 $19222 $141664 2 47 $26 $19222 $1064 3 47 $28 $1,3 1 6 $15,792 4 47 $29 1 $1,363 $16,356 5 P. 47 $30 $19410 $1020 'Total $78,396 3. The Company shall install, maintain, keep in good repair and free of graffiti, at all times, bus benches and receptacles that are to be placed in the City of South Miami, at the Company's expense with no expense or cost to the City. Vandalized or otherwise damaged benches and receptacles must be replaced or repaired within 72 -hours of receipt of written notice. The Company shall submit to the City regular reports every month concerning the condition of each of the benches and the receptacles, and if repairs are needed, the Company shall include an estimate of the time need to make the repair. 4. At all times the Company shall maintain the benches in a safe condition and shall make periodic inspections to ascertain that all benches are safe and in good condition. Trash receptacles shall be placed at each bus bench location. 5. The Company agrees to indemnify and hold the City harmless and defend the City from and against any and all liability, damage and claims, and for any injury or damage to persons or property caused by or arising out of the installation, maintenance or use of the benches or trash receptacles or by any cause connected with the benches, whether directly or indirectly, CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR 6. The Company hereby covenants to secure personal injury and property damage liability insurance which covers the installation, maintenance and use of the benches and trash receptacles located within the City. The insurance policies, as written, shall by their terms, protect the City as well as the Company from any liability. All premiums are to be paid by the Company. The Company shall comply with the City's Insurance requirements as set forth in the attached, "Exhibit #5." 7. The City reserves the right to request removal and /or relocation of a bench if the continued maintenance of a bench at the location concerned will obstruct traffic or create a hazard to public safety, welfare or convenience, or if the abutting property owner or tenant on the adjacent property can justify an objection in writing directly to the City concerning the continued maintenance of the bus bench at that location. 8. All sign, design or writing must comply with all municipal ordinances and they must be approved by the City. No sign, design or writing shall be placed on the benches without approval of the City, which approval shall not be unreasonably withheld. 9. No advertisement or sign on any bench placed as a result of this agreement shall display the words, "STOP ", "LOOK ", "DANGER" or any other word, phrase, symbol or character calculated to interfere with, mislead or distract traffic. 10. No advertising shall be placed on any bus bench that the City considers immoral, obscene or lascivious. In addition, political signs representing City of South Miami municipal candidacy election seat shall not be placed as advertisement on any of the city designated bus benches. 11. No more than one bench shall be placed at any location without prior written approval by the City. 12. No advertising shall be placed on a bench that the City designates as a nan- o advertising bench or which is located in a residential area. However, the City reserves the right, at its sole discretion, to designate benches in commercial areas as non - advertising. 13. The City will be granted the right to advertise public information announcements, free of charge, on any bus bench designated non - advertising and /or located within CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR the residential area,. The city will bear the cost of production of the advertising sign however it is the Company's responsibility, free of charge to the City, to install the sign on the respective bus benches. 14. The total number of benches and the number of benches permitted to contain advertising shall be subject to negotiation and final approval by the City. 15. "Exhibit #1," "Existing Transit Stop Locations" contains Miami -Dade County's list of transit -stop locations located in the City of South Miami. An updated list shall be obtained thereafter on a yearly basis at minimum by the selected vendor and provided to the City. Installation of benches at any new locations shall be subject to review by the City prior to commencement. 16. Benches and receptacles located on sidewalks shall not obstruct the sidewalks and shall be placed in a manner to meet minimum ADA requirements. 17. The City shall provide a dumping site for the debris collected from the trash receptacles. The awarded vendor shall be responsible for depositing debris at a site within the City as designated by the Solid Waste Division, 18. Subsequent to the termination of this contract and any extensions thereto, vendor shall have removed all of its benches and related materials no later than 30 days after receiving written notice from the City to do so. Upon the vendor's failure to effectuate such removal, the City may consider the materials abandoned and the City shall have -the right to use or dispose of them as it sees fit. 19. TERM: The term of this contract is five (5) years and shall commence on the first calendar day of the month succeeding the notice of award, and contingent upon the completion and submittal of all required bid documents. The contract shall expire on the last day of the five (5) year period. 20* OPTION TO RENEW: The City shall have the option to renew this contract for one, 5 -year term. Continuation of the contract beyond the initial period is a City prerogative, and not a right of the Company. This prerogative may be exercised only when such continuation is clearly in the best interest of the City. Should the Company decline the City's right to exercise the option period, the City will consider the Company in default which decision shall affect that Company's eligibility CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR for future contracts. The guaranteed per bench fee paid to the City during the option period shall be negotiated between the City and the Company and, can be no less than the current guaranteed per bench fee as defined in Section #2 of this agreement. 21. DESIGN, CONSTRUCTION, AND EQUIPAGE: Company shall bear all costs and be solely responsible for the design and construction of the Bus Benches. 22. ACCESS AND UTILITIES: The City will permit and maintain free access to the site. 23. PERMITS: The Company shall be completely responsible for applying for and obtaining from the all regulatory agencies the required permits. Company will pay for, in advance, all fees associated with obtaining the permit. The Company shall acquire any and all necessary permits, and shall make any and all necessary repairs and shall provide any and all parts and items required to satisfy all requirements. These repairs will be made in accordance with all the provisions herein this Agreement 24. PERSONNEL: All Company personnel fulfilling the terms of this Agreement, shall be employed solely by the Company and be employees of the Company. A. Company agrees to pay the following for Company employees: • Wages • Income tax withholdings • Social security withholdings • State unemployment insurance • Federal unemployment insurance • Workmen's compensation insurance B. Company shall train personnel. Personnel not performing up to the standards of the City will be replaced by the Company immediately. CITY OF SOUTH MIAMI Bus BENCH AGREEMENT INSITE MARTIN OUTDOOR 25. INSURANCE /LIABILITY: The Company shall maintain and keep in full force and effect the coverage as set forth in the City's standard insurance requirements, a copy of which is attached as "Exhibit #52' 26. MISCELLANEOUS: A. City shall require Company to display a sign, at least 3" x 6 ", at each bus bench location, in plain view, with the Company's contact information. B. City agrees to communicate any comments, suggestions, or complaints concerning the bus benches directly to the Company's management. 27. TAXES: Company shall be responsible for all payments of federal, state, and /or local taxes related to the Operations, inclusive of sales tax if applicable. 2$. INDEPENDENT CONTRACTOR: Company is an independent corporate entity under this Agreement and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 29. DUTIES AND RESPONSIBILITIES: Company agrees to provide its services during the term of this Agreement in accordance with all applicable laws, regulations, and health and safety standards. 30. LICENSES AND CERTIFICATIONS: Company shall secure all necessary business and professional licenses at its sole expense prior to executing the Agreement. 3 I. CANCELLATION: The Company has the right to terminate the Agreement with cause only and provide notice of such termination on a sixty (60) day notice of such termination. The City shall have the right to cancel this Agreement with cause only and provide notice of such termination on a sixty (60) day written notice to Company. "With cause," shall be defined solely as a material breach of any term of CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR 36. INDEMNIFICATION: Company hereby covenants and agrees to indemnify and hold harmless provisions set forth in "Exhibit #S." 37. GOVERNING (LAWS: This Agreement and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami - Dade County, Florida. 38. ATTORNEYS' FEES AND COSTS: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. 39. AUDIT: Upon request and during regular business hours, the Company shall allow the City or its consultant to audit, inspect, and examine the facility for safety and contractual compliance. In an effort to confirm such information, the City may communicate directly with service providers and providers of pool maintenance goods. Additionally, the Company shall keep complete and accurate books and records of accounts and business operations in accordance with generally accepted accounting principles for a period of three (3) years following termination of this Agreement. 40. ASSIGNMENT: Company shall not assign or transfer its rights under this Agreement without the express written consent of the City. In turn and upon its approval, the City will not unreasonably withhold and /or delay said consent. 41. EFFECTIVE DATE: This Agreement shall not become effective and binding until it has been executed by both parties hereto and the effective date shall be the date of its execution by the last party so executing it. 42. THIRD PARTY BENEFICIARY: It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this Agreement shall be for the benefit of or be enforceable by anyone CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 43. FURTHER ASSURANCES: The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the Agreement. 44. TIME OF ESSENCE: Time is of the essence of this Agreement. 45. CONSTRUCTION: This Agreement shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 46. FORCE MA)EURE: Neither party hereto shall be in default of its failure to perform its obligations under this Agreement if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 47. NOTICES: Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e-mail, facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the delivery date on the return receipt or the date shown as the date same was refused, as follows: To the City of South Miami: CITY OF SOUTH MIAMI City Manager, Hector Mirabile, PhD 6130 Sunset Dr. South Miami, FL 33143 Fax: 3UJ C/ 3— 6��I E -mail: /wo(110 k le � _5���" /r r �, y� �.1 0 With copies by U.S. mail to. City Attorney, Thomas Pepe, Esquire 6130 Sunset Dr. South Miami, FL 33143 BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR To the Company President Address 15"D la qvt ste.5 Fax: P�4n t0. to N FL 33317 E -mail: Sco K40! Co b -ev►ck le .Go v'-% With copies by U.S. mail to: Company Attorney I 6LK'Ljw rklcew 131`1 VvtgL Sjq +e h 2c 6eVekLd f1►sy,CA Baal v IN WITNESS WHEREOF, the parties have signed this Agreement this day of of 20129 Insite Martin Outdoor, LLC a Delaware limited liability company qualified to do.business in Florida Signature of Name AUTHENTICATION: i Menendez City Clerk Read and Al Legality and MIAMI ,S 4satrMcteZ,I- jw , as its President CITY OF SOUTH MIAMI Signature: Dr. Hector Mirabile City Manager BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR The following Exhibits are part of this Agreement Exhibit I : EXISTING BUS BENCH ADVERTISING LOCATIONS Exhibit I EXISTING BUS STOP LOCATIONS (PROVIDED BY MIAMI -DADS COUNTY TRANSIT) Exhibit 3: MAP OF CITY OF SOUTH MIAMI EXISTING BUS STOP LOCATIONS (PROVIDED BY MIAMI - DADE COUNTY TRANSIT) Exhibit 4: Bus Bench Design Provided by Company Exhibit S: INSURANCE AND INDEMNIFICATION EXHIBIT 6: IMPLEMENTATION SCHEDULE EXHIBIT 7: MAINTENANCE & OPERATIONS CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR CITY OF SOUTH MIAMI ADVERTISING BUS BENCH LOCATIONS Number: Site at (site) SM -2 Bird Rd (40th St) 20 ft E/O 59th Ave SS SM -6 Bird Rd (40th St) 200 ft W/O Red Rd (57th Ave) SS SM -5 Bird Rd (40th St) 30 ft E/O 60th Ct SS SM- I SM -4 Bird Rd (40th. St) Bird Rd (40th St) 30 ft 35 ft W/O 65th Ave SS W/O 62nd Ct SS SM -3 Bird Rd (40th St) 45 ft E/O 64th Ave SS SM -13 Ludlam Rd (67th Ave) 110 ft N/O 55th St ES SW5I Ludlam Rd (67th Ave) 15 ft S/O SW 65th Terr ES SM -7 Ludlam Rd (67th Ave) 160 ft N/O Sunset (72nd St) ES, SM -50 Ludlam Rd (67th Ave) 170 ft N/O Sunset (72nd) WS SM -14 Ludlam Rd (67th Ave) 55 ft N/O 80th St WS SM-53 Ludlam Rd (67th Ave) 75 ft N/O SW 64th St WS SM49 Ludlam Rd (67th Ave) 75 ft S/O 76th Terr WS SW52 Ludlam Rd (67th Ave) 75 ft S/O SW 62nd Terr ES SM -55 Miller Dr 56th St 20 ft W/O SW 62nd Ave SS SM -54 ' Miller Dr (56th St) 30 ft W/O SW 67th Ave NS SW20 Red Rd (57th Ave) 15 ft N/O 66th St WS SM -22 Red Rd (57th Ave) 20 ft N/O 77th St WS SM -17 Red Rd (57th Ave) 30 ft N/O 80th St WS SW21 Red Rd (57th Ave) 50 ft S/O 74th Ct WS SM -19 Red Rd (57th Ave) 80 ft N/O Kendall Dr WS SM -23 Sunset (72nd St) 15 ft W/O 64th Ct SS SM -29 Sunset (72nd St) 180 ft W/O 62nd Ave NS SW24 Sunset (72nd St) 25 ft E/O 63rd Ct NS SM -28 Sunset (72nd St) 35 ft E/O Ludlam Rd (67th Ave) NS SW33 Sunset. (72nd St) 40 ft E/O 65th Ave NS SM -31 Sunset (72nd St) 40 ft E/O RR Tracks NS CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR SM -25 Sunset .(72nd St) 55 ft E/O 68th Ct SS SM47 Sunset (72nd SO 60 ft E/O Ludlam Rd (67th) SS SW32 Sunset 72nd St) 70 ft W/O 68th Ct NS SM -18A SW 57th Ave 15 ft N/O 68th St WS SM -18B SW 57th Ave 15 ft N/O 68th St WS SM -56 SW 57th Ave 20 ft N/O SW 64th St WS SM41 SW 62nd Ave 115 ft S/O 70th St WS SM -36 SW 62nd Ave 120 ft S/O 73rd St ES SM -38 SW 62nd Ave 150 ft S/O 64 St WS SM -40 SW 62nd Ave 20 ft N/O 70th St ES SW34 SW 62nd Ave 40 ft N/O 67th St WS SM -37 SW 62nd Ave 45 ft S/O 64th St ES SM -35 SW 62nd Ave 60 ft S/O Sunset (72nd St) WS SM -42 SW 66th St 15 ft E/O 57th Ct NS SM43 SW 66th St 30 ft W/O Red Rd (57th Ave) SS SM45 SW 80th St 25 ft E/O Ludlam Rd 67th Ave) NS SM44 SW 80th St 90 ft E/O Ludlam Rd (67th Ave) SS SM -46 US 1 30 ft N/O 70th St WS :SM=47 US 145 IN N/O 80th St WS CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR Exhibit 2 EXISTING BUS STOP LOCATIONS (PROVIDED BY MIAMI -DADE COUNTY TRANSIT) CITY OF SOUTH MIAMI BUS BENCH AGREEMENT (NSITE MARTIN OUTDOOR MDrs Inventpxjt0 'Main Cross Direction Intersection SOM- 0001.0000 SW 57 AV SW 50 ST S N SOM,00030000 SW 57 AV SW 66 ST S N SOM- 0004.0000 SW 57 AV SW 68 ST S N SOM- 0004.0500 SW 57 AV SAN REMO S N SOM- 000590000 SW 57 AV . SW 72 ST S. N SOM- 0006.0000 SW 57 AV SW 74 TE S F SOM- 0007.0000 SW 57 AV SW 77 TE S N SOM- 0008.0000 SW 57 AV SW 80 ST S N SOM4009.0000 SW S7 AV SW 83 ST S F SOM- 001000000 SW 57 AV SW 88 ST S N SOM- 0012.0100 SW 59 PL SW 64 ST.. S _ F SOM- 0.013.0000 SW 59 PL SW 67 ST S N SOM- 0014.0000 SW 59 PL SW 69 ST S F SOM- 0017.0000 SW 59 PL SW 69 ST N N SOM4018,0000 SW 59 PL SW 68 ST N F SOM- 0019.0000 SW 59 PL SW 66 ST N N SOM- 0019.0100 SW 59 PL SW 64 ST N N SOM- 0020.0100 SW 62 AV SW 64 ST S F SOM, 0022.0000 SW . _ 62 AV SW 68 ST S N SOM- 0022.0100 SW 62 AV SW 70 ST S F SOM- 0022.0300 SW 62 AV SW 72 ST S F SOM- 00230000 _SW 62 AV SW 73 ST _ S M SOM- 0024.0000 _ SW 62 AV SW 73 ST N N SOM- 0024.0100 SW 62 AV SW 72 ST N N SOM- 0024.0150 SW 62 AV # 7171 N N SOM- 0024.0200 SW 62 AV _ SW 70 ST _- N F SOM- 002490300 SW 62 AV SW 68 ST N F SOM- 0024.0400 SW 62 AV SW 64 ST N N SOM- 0025..0000 SW 67 AV SW 60 ST S F SOM- 002540200 SW 67 AV SW 64 ST S N SOM- 0025.0400 SW 67 AV SW 65 TE S F SOM- 002540600 SW 67 AV SW 67 ST _ S _ N SOM- 0026.0000 SW 67 AV SW 69 TE S F SOM 0027.0000 SW 67 AV 470 _ S� F SOM4028.0000 SW 67 AV SW 72 ST S F SOM- 00290000 SW 67 AV SW 75 TE S N CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR SOM- 0030.0000 SW 67 AV SW 77 TE S N SOM- 0031.0000 SW 67 AV SW 80 ST S N SOM- 0032.0000 SW 67 AV SW 80 ST N F SOM- 0032.0.100 SW 67 AV SW 78 TE N F SOM- 0033.0000 SW 67 AV SW 76 TE N F SOM- 0034.0000 SW 67 AV SW 74 ST N P SOM- 0034.0100 SW 67 AV SW 72 ST N F SOM- 0035.0000 SW 67 AV SW 69 TE N F SOM- 0036.0000 SW 67 AV SW 67 ST N N SOM- 0037.0000 SW 67 AV SW 65 TE N N SOM- 0038.0000 SW 67 AV SW 64 ST N N SOM- 0039.0000 SW 67 AV SW 62 TE N N SOM- 0040.0000 SW 67 AV SW 61 ST N F SOM- 004060100 SW 67 AV ..__ . SW 60 ST I N _ F SOM- 0041.0000 SW 67 AV SW 57 TE I N F SOM- 0042.0000 SW 67 AV SW 54 ST N N SOM4042.0100 SW 67 AV SW 52 TE N N SOM- 00410300 SW 67 1 SW S.0 TE __N N SOM40410500 SW 67 AV SW 48 ST N N . SOM- 004390000 US I SW 70 ST S N SOM- 0044.0000 US I SW 80 ST S N SOM- 0045.0000 US 1 SW 70 ST N F SOM- 0047.0000 SW 40 ST SW 64 AV _ E F SOM- 0047.0100 SW 40 ST SW 62 CT _. E N SOM- 0048.0000 . _ $W 40 -ST SW 59 AV. E F SOM- 0050.0000.. SW 40 ST SW 57 AV E N SOM 0052.0000 SW 56 ST SW 65 AV E F SOM- 00510000 SW 56 ST SW 64 AV E F SOM- 0054.0000 SW 56 ST SW 63 AV E N SOM- 005580000 I I SW 56 ST SW 62 AV E N . SOM- 0056.0000. SW 56 ST SW 58 AV E N SOM405810000 SW 56 ST SW 64 PL W N SOM405800050 SW 56 ST SW 67 AV W N SOM- 0058.0100 SW 64 ST SW 60 AV W F SOM- 0058x0400 SW 64 ST W60 CT E F SOM- 006490000 SW 72 ST SW 68 CT E F SOM- 0065.0000 SW 72 ST SW 67 AV E F SOM4066.0000 SW 72 ST SW 64 CT E N CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR SOM- 00670000 SW 72 ST SW 62 Pl. E N SOM- 0068.0000 SW 72 ST SW 61 CT. E F SOM- 0069.0000 SW 72 ST SW 58 AV E N SOM- 007290000 SW 72 ST T SW 58 AV W N SOM- 0072.0500 SW 72 ST SW 61 AV W N SOM- 00730000 SW 72 ST SW 62 AV W F SOM- 00740000 SW 72 ST SW 63 CT W N SOM- 0075.0000 SW 72 ST SW 65 AV W N SOM4076.0000 SW 72 ST SW 67 AV W N SOM- 0077.0000 SW 72 ST SW 68 CT W F SOM- 0078.0000 SW 72 ST SW 69 CT W F SOM- 0079.0000 SW 80 ST SW 67 AV W N SOW00790100 SW 80 ST SW 68 AY w N SOM- 0079.0200 . _ SW 80 ST SW 69 AV, W N _SOM- 008000000 SOUTH MIAMI STA 5949 SW 72 ST T T The inventory reads: Main /Cross/Direction of travel /Intersection location. Example: SW 57 Ave (main road) / SW 50 St (cross street) / S =South (direction) / N= Nearside (before the intersection) F= Farside of the intersection / M= Mid - block/ T- Metrorail Terminal CITY OF SOUTH MIAMI BUS BENCH AGREEMENT (NSITE MARTIN OUTDOOR Exhibit 3 MAP OF CITY OF SOUTH MIAMI EXISTING BUS STOP LOCATIONS PROVIDED BY MIAMI -DADS COUNTY TRANSIT CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR M i a m i - D a d e T r a n s i t C i t y of S o u t h M i a m i TRANSIT Bus stops ■® I® I� 0 C2 Legend South Miami Bus Stops Q South Miami Boundary Exhibit 4 BUS BENCH DESIGN PROVIDED BY COMPANY CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR Bench Design & Manufacturing INTEGRATION OF NEW TECHNOLOGY Insite Martin Outdoor is always open to new technologies that increase the awareness and effectiveness of our bus benches. This technology will allow more trash per receptacle that will result in less trash maintenance service trips, thereby increasing the sustainability of our program. MATERIALS, FABRICATION AND DURABILITY Materials and finishes have been carefully chosen in consideration of life -cycle costs, ease of maintenance and durability. Together with a stainless steel structure and aluminum extrusions, and baked porcelain enamel finish are the predominant material of the majority of elements. Rustproof and durable, stainless steel is ideal for challenging outdoor environments in South Florida and exceed all South Florida building codes /requirements as well as being hurricane rated, which has a higher salt content in the air that will degrade other types of steel over time. Anti - graffiti paint coatings are applied for ease of graffiti removal. These finishes typically last the life of a product with no need for repainting. Our benches will look the same after 15 years as they did on day one, FLEXIBILITY AND SUSTAINABILITY The good news is spreading: that social responsibility and economic viability can be merged with environmentally sound practices and policies. And the place where this news is keenly felt today is the municipal and state environment: where pollution suppression is no longer perceived as an expensive piety, but as a sound business application that also expresses an enlightened public policy. The city that pushes sustainability values sends a very clear message to its citizens: we care about cutting back greenhouse gas emissions; we care about the future of your grandchildren and their children's children. Because of their ubiquity and visibility, bus benches and other prominent street furniture items are an ideal place to display these values, and to reap the economic rewards of renewable energy solutions- such as lower maintenance costs. Four aspects of sustainability will be discussed in this segment: 1) immediately implernentable measures in terms of design features and materials relevant to the RFP, 2) a trash receptacle will be at every unit, 3) use of natural gas vehicles which have considerable less green house gas emissions than their gas - powered counterparts, and 5) Every bench installed will be ADA compliant, as well as meeting all Federal and Local guidelines. InSite Martin Outdoor, LLC 1.877.412.3624 I xa �ti f {7? es �Ofja��si td a a � r 4 46 123 Oakland Drive � N Bench Design & Manufacturing w� "" Oo X > am o 0 - (D m �Z 0 O... l a 1 I j n (o m will try �a Q l IV �4 (�.� �.-. R� 4 m Y D Kt Z PROP"IFTARY OOQl1MFN A 1 1 g gym'" -124 � �'7C IoY3 I lu:uul `,:boot py m f Q � o m Red Hud Il. 62278 g i S i ".16 % phuno (8061 i3- ULI'NA 9 %1 phanr (616) 202 -020o K lm fox (816) 782A202 InSite Martin Outdoor, LLC 1.577.412.3624 Bench Design & Manufacturing 1675 Locust Street A PLAYCOREq company Red Bud, Illinois 62278 November 22, 2011 TO WHOM IT MAY CONCERN AUT14ORIZED SALES REPRESENTATIVE This is to certify Insite Martin Outdoors LLC as an UltraPlay sales representative. Insite Martin Outdoor, LLC can sell and distribute UltraPlay products and replacement parts. As an UltraPlay representative, Insite Martin Outdoor, LLC has the authority to bid and enter into contracts for Ultra- Site products. Sincerely, Sales Manager Ultra Play Systems 4PKCoae......, Insite Martin Outdoor, LLC 1.877.412.3624 Bench Design & Manufacturing Nora Ad Resldentia ►Bench InSite Martin Outdoor, LLC 1.$77.412.3624 .nw,rµW+vaw1 - i i Exhibit 5 INSURANCE AND INDEMNIFICATION CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR EXHIBIT 5 INSURANCE AND INDEMNIFICATION The CONTRACTOR/COMPANY shall not commence WORK on this Agreement until he has obtained all insurance required by the CITY. The CONTRACTOR/COMPANY shall indemnify and save the CITY harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub - Contractor, or assigns, incident to arising out of or resulting from the performance of the CONTRACTOR/COMPANY'S professional services under this Agreement. The CONTRACTOR/COMPANY shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the CITY'S attorney's fees and expenses in the defense of any action in law or equity brought against the CITY arising from the negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub - Contractor, or assigns, incident to, arising out of or resulting from the performance of the CONTRACTOR/COMPANY'S professional services under this Agreement.. The CONTRACTOR/COMPANY agrees and recognizes that the CITY shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONTRACTORICOMPANY, its agents, representatives, employees, Sub - Contractors, sub - contractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the CONTRACTOR/COMPANY, the CITY in no way assumes or shares responsibility or liability of the CONTRACTOR/COMPANYS, Sub - Contractors, their agents or assigns. The CONTRACTOR/COMPANY shall maintain during the term of this Agreement the following insurance: A. Professional liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONTRACTOR/COMPANY shall become legally obligated to pay as damages for claims arising out of the services or work performed by the CONTRACTOR/COMPANY its agents, representatives, Sub- Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the CONTRACTOR/COMPANY may purchase Specific Project Professional Liability CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR Insurance, in the amount and under the terms specified above, which is also acceptable. Be Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personallnjury: $1,000,000; • Medical Insurance $25,000 per person; • Property Damage: $5000,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. C. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $5,000,000 per claim. The City must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess /umbrella coverage. City must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non - payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the City, The CONTRACTOR/COMPANY must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended.. E. The policies except for Section 17 A shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. E. All of the above insurance required to be provided by the CONTRACTOR/COMPANY is to be placed with BEST rated A -8 (A -VIII) or better CITY OF SOUTH MIAMI Bus BENCH AGREEMENT INSITE MARTIN OUTDOOR insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The CONTRACTOR/COMPANY shall furnish certified copies of all "binders" or certificates of insurance to the CITY prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the CONTRACTORICOMPANY has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONTRACTOR/COMPANY of his liability and obligations under this Section or under any other portion of this /agreement. CONTRACTOR/COMPANY agrees to supply copies of certificates of insurance to the City verifying the above - mentioned insurance coverage. CONTRACTOR/COMPANY agrees to list City as an Additional Insured of the CONTRACTOR/COMPANY's General liability insurance and shall provide the City quarterly reports concerning any and all claims, CITY OF SOUTH MIAMI Bus BENCH AGREEMENT INSITE MARTIN OUTDOOR Exhibit 6 IMPLEMENTATION SCHEDULE CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR Implementation Schedule Insite Martin Outdoor's proposal (including guaranteed payments) for the City of South Miami is based on the following assumptions. PERMIT AND APPROVAL PROCEDURES Insite Martin Outdoor will assume full responsibility and expense of obtaining all necessary construction permits; develop site plans and coordinate the installations with the City and appropriate utility companies, The bus bench program is extremely demanding from several perspectives -not least in the replacement of existing structures with new ones in the timeliest fashion. CONSTRUCTION AND REPLACEMENT PROGRAM Insite Martin Outdoor will perform a methodical program to remove concrete benches and replace existing bus benches and re•Install 87 permanent units to ensure no Interuptlon of service within the first six months after award of contract. Fast, careful installations by our trained crews at appropriate times of the day minimize disruption of adjacent neighborhood activities. Installations proceed in the following sequence: >Conduct complete inventory audit including: digital photographs; assignment of GPS coordinates to each structure (geo- coding); structural Inspections: numbering of street furniture elements • Prioritizing of installation sequence in coordination with appropriate officials and organizations • Site surveys for sidewalk conditions, utility locations, trees, light poles, traffic control and electrical boxes and other street furniture elements • Site -by -site location approval by City • Installation in adherence to all applicable codes • Site and /or surface restoration as needed ONLINE CONFIRMATION As part of our program operation, Insite Martin Outdoor will maintain a database within our inventory and accounting software program for documenting data relating to inventory, maintenance and complaints. In other cities we have implemented this feature, which has proved popular with civic leaders and the community. The database will include: • Location and image of each program structure • Inspection, cleaning and maintenance activities > Reports of required maintenance and repairs • Mapping capabilities to display all locations • Online review capability for Transit Authority and the City Insite Martin Outdoors WORLDCLASSMAINTENANCEAND OPERATIONS PROGRAM CANNOT BE BEAT. O"AND InSite Martin Outdoor, LLC 1.877.412.3624 Exhibit 7 MAINTENANCE & OPERATIONS CITY OF SOUTH MIAMI BUS BENCH AGREEMENT INSITE MARTIN OUTDOOR Maintenance & Operations TRASHSERVICE HAVE BEENROUTI NELYCOMMENDEDBYCITIESACROSSAMERICA FOR OUR DILIGENT EFFORTS IN EXCEEDING OUR CITIES REQUIREMENTS, The organizational chart below demonstrates our capacity to respond to the maintenance and operational needs of the program as laid out on the following pages, DESCRIPTION OF SERVICES Anticipating today's fashionable "broken windows" policy approaches for urban environment -fix broken windows promptly and people won't break windows any more -the celebrated urban theorist William H. Whyte back in the Sixties said, "The best way to handle undesirables is to make a place more attractive to everyone else" and "litter follows litter." This dynamic is clearly at work with transit amenities, which is why we maintain constant vigilance and always respond proactively to vandalism and litter. In doing so we serve the interests of the community, plus those of advertisers who don't want their message negatively influenced or made ineffectual by dirt and squalor. Over the years, we observed our competitors and seen first hand the compounding effects of small amounts of litter and the degradations that resulted in the urban environment. Whereupon we resolved to create the industry's most rigorous maintenance protocols, In addition to regular visitation, we research field reports and maintenance records to identify vandalism. These sites become targets of our rapid response crews who fan out and remove graffiti and stickers, often within hours of the defacement. Furthermore, our maintenance database technology is able to create hot -zone maps that identify areas with the most maintenance problems. This gives a graphical ability to utilize additional resources in certain areas of the City and address in a timely manner. 52 -WEEK MAINTENANCE PLAN > Technology -based reporting and accountable workforce management processes > Record - keeping, verification, internal inspections and audit procedures > Preventive maintenance > Zero tolerance graffiti policy > Quarterly submission of maintenance logs > Notification process via toil free bi- lingual number for access by general public, City officials, and LA Metro to report damage CLEANING, INSPECTION & SAFETY SCHEDULE 1, CITYWIDE /HEAVY TRAFFIC LOCATIONS - Daily Activities: > Inspection concerning appearance, any damages and unsafe conditions > Removal of trash or debris Inside and within 10 feet of bus benches > Removal and /or reporting of graffiti > Repair of minor damage > All other damage reported to the operations center for appropriate repair crews > Report of any problems or damage to operations center and recording in database > Perform power washing quarterly or as determined by the city contract 2. POSTING OF ADVERTISEMENTS /PUBLIC INFORMATION: > Carried out once weekly or according to advertiser's campaign > The Insite Martin Outdoor Maintenance guarantee provides for on time posting and removal of advertisements > The Insite Martin Outdoor Clean Ad Guarantee provides for a clean advertising poster. If advertisement is damaged beyond repair, Insite Martin Outdoor replaces the ad during the contract period free of charge for the client, No competitor provides this services. REPORTING AND INTERNAL CONTROLS InSite Martin Outdoor, LLC 1.877.412.3624 Maintenance & Operations Insite Martin Outdoor employs state -of- the -art technologies for recording and reporting work status of bus bench maintenance as part of our internal inventory management system. Our maintenance system uses bar - coding, wireless transmission and online data basing to record, relay, distribute and store status reports. Using handheld devices, our installation, maintenance and posting crew$ and independent contractors record and transmit data at every scheduled service stop and in response to repair notification. The data that is transmitted to our operations center provides definitive answers to both maintenance and advertising campaign verification questions that used to be a matter of guesswork. Once the information has been collected for each structure, as described above, and transferred to the inventory system, any applicable data as required by the City, such as date, location, activities, installation, maintenance, response times, and reported problems, will be populated to a database. The module containing the program's maintenance logs for each bus bench structure will be posted on a password secured FTP site, which will be accessible to the City for review. InSite Martin Outdoor, LLC 1.877.412.3624 Maintenance & Operations Our database is kept on a central server in Miami, FL. This database is linked into our MISA inventory maintenance program. MISA is a worldwide leader in inventory and maintenance software related specifically to the outdoor advertising industry. As such, there is an unlimited amount of reports and data we are able to obtain in minimal time. Key features of MISA maintenance systems include the following: Create single item work orders for expedited tasks, or group similar tasks ■ Monitor Benches and Advertising content Easily download and upload maintenance tasks to a hand -held unit (RFID technology) x Define maintenance cycles and routine check routes Conveniently upload completed postings with proof -cf- performance photos 'K Track structure positions across your plant R Track site revenue generation, maintenance and profitability G.'vo; TOO", .y.w. NnW ! MY �Pr�r,twKw ' Mff�.WY QM.nt...1 S Ww.Mw,. b P�+nr.M.i wwtn, . dwt«.t u..,. , v.r.,r" e..r InSite Martin Outdoor, LLC 1.877.412.3624 00Y 1 /@i Inventory database by type Street furniture types Street furniture locations PP &E inventory Maintenance activities performed (daily, weekly, monthly) Staff member performed / Activity performed (installation, cleaning, repair, etc) Time performed, including time issue was reported, time at location, time to complete operation, and amount of time taken to complete the site Other problems, notes, issues, details by site Cost of repair, installation, parts, labor, fuel, etc. Reports by employee noting average work time, route, maintenance duties performed, etc Full mapping services by GPS location z a and Y_,x S . ♦ oi�'a , y .. wr . « .� Not #"WN %sue.. ! tn Inventory database by type Street furniture types Street furniture locations PP &E inventory Maintenance activities performed (daily, weekly, monthly) Staff member performed / Activity performed (installation, cleaning, repair, etc) Time performed, including time issue was reported, time at location, time to complete operation, and amount of time taken to complete the site Other problems, notes, issues, details by site Cost of repair, installation, parts, labor, fuel, etc. Reports by employee noting average work time, route, maintenance duties performed, etc Full mapping services by GPS location ADDENDUM #1 BUS BENCH SERVICE FRANCHISE AGREEMENT The following sections in the agreement are replaced in their entirety with the terms below and shall become effective upon execution by the City and Company. 31. CANCELLATION: If a party fails to comply with any of the terms or conditions of this Agreement (a "default "), then, after receiving written notice of such default, the defaulting party shall cure the default as soon as practicable. The parties have a duty to attempt in good faith to resolve the default. The Company and the City shall each have the right to terminate the Agreement for cause. The termination shall take effect on the sixtieth (60) day following the delivery of a written notice which shall state the grounds for the termination. The notice shall be delivered by United States certified return receipt mail. "With cause," shall be defined solely as a material breach of any of the terms or conditions of this Agreement. The failure of a party to timely cure a default after receiving written notice shall be considered a material breach of this Agreement. 39. AUDIT: The Company shall keep complete and accurate books and records of accounts and business operations in accordance with generally accepted accounting principles during the term of this Agreement and for a period of three (3) years following its termination. Upon request and during regular business hours, the Company shall allow the City or its consultant to audit, inspect, and examine the Company's books and records. In an effort to confirm information contained in the books and records, the City may communicate directly with any of the Company's employees, agents, servants, vendor, subcontractors or anyone who provides any goods or services. IN WITNESS WHEREOF, the parties have signed this Agreement thisL�(Zday of of 2012. Insite Martin Outdoor, LLC a Delaware limited liability company qualified to do business in Florida. 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