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HomeMy WebLinkAbout16225w w w w w w w ■� w w �■ • ORDINANCE NO. 16,225 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE GRANTING A FRANCHISE TO PLACE ADVERTISING BENCHES ON PUBLIC TRANSIT ROUTES IN THE CITY OF LITTLE ROCK, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHF.RF.AS, the City of Little Rock owns the right -of -way in which bus benches and shelters are located for use by the Central Arkansas Transit Authority; and WHEREAS, the current franchise for the use of City right -of -ways for the purpose of placing bus benches expired on May 1, 1992; and WHEREAS, after a competitive bid process the City has selected a firm to receive this franchise for a period of five years, with an option to renew for an additional five years if the franchisee proves acceptable to the City. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The City Manager is authorized to enter into a franchise agreement with Benches, Etc., Inc. for the placement of bus benches and shelters in a form substantially the same as that as attached Exhibit "A ". SECTION 2. EMERGENCY CLAUSE. The ability of a City to control the advertising, placement, and maintenance of bus benches and shelters along City transit routes is necessary to preserve the health safety and welfare of the City; this franchise has already expired and it is necessary to get a new franchise in place as soon as possible. An emergency is therefore declared to exist and this ordinance shall be in full force and effect from and after the date of its execution. PASSED: June 2, 1992 iMA .- i; T]:l�iuiEil: APPROVED AS TO FORK: MW U) CO CL 0 cc a. w M U z LL X 0 z W m D co U co W D^ av m 40e2 C N J. ro n -S9 E- q Qcl C1 U) c L N C N C U V U V E U L c m fl L't '�o n. L c ma a m CO CO 3 m a ca c ooi Ic m occ c� c� poi 2c CL. = p w' O a•- _ 3 �E oECu- 3E - m"" o $ a O N In N T ~ c 6�9 N 1 69 to U O O O O O Zm S oo S LO C\l N Z m m E °o °o E o c; 0 j O Cl 00 c to � L Q) y O 0 O O O O m 9 O °v U- CO 69 669 IL U O I� m �N0 � lL 69 D) C r U TT C-pN 'OO a < ' a:r- v N V �Y�pU c NYOY W CYtISS mX 009 m7:0N U) NNp�E QU ' Um�fDJ U1nQN'U7 L =m0F_ C NT 7 0 0 T pr. .7 N 0 U0 Nr Ma 0 ad��¢ a, -5iD¢ mrn��¢ m 40e2 C N J. ro n -S9 E- q i • � 404 THIS FRANCHISE AGREEMENT made and entered into this the day of , 1992, by and between the CITY OF LITTLE ROCK, hereinafter referred to as "City" and , hereinafter referred to as "Licensee ". WITNESSETH: WHEREAS, Licensee agrees to enter into an agreement with the City for the placement of rest benches and shelters within the public right -of -way along the designated public transit routes of the City of Little Rock; and AREAS, the Licensee agrees to the contractual arrangement with the City by entering into an agreement with the City regarding the placement and maintenance of rest benches and shelters within the public right -of -way along the designated public transit routes within the City; and WHEREAS, the City believes that it will continue to be in the best interest of the citizens of the City of Little Rock to provide rest benches and shelters along public transit routes throughout the City, and also believes that the agreement with Licensee for the placement and maintenance of such rest benches and shelters within the City limits should be granted. NOW, THEREFORE and in consideration of the premises and the mutual covenants and agreements hereinafter set forth, the City and the Licensee agree as follows: 1. For and in consideration of such franchise, the Licensee agrees to pay to the City of Little Rock the sum of and Dollars per year for each bench placed upon any bus route in the City of [1] Z) So E_ 10 Little Rock, said fee being payable in advance annually within thirty (30) days from approval. 3. The Licensee shall provide annually to the City, on or about September 1 of each year, a complete inventory showing the location of each bench and shelter within the City limits. Prior to the placement of any additional benches or shelters along designated public transit routes by the Licensee within the City, the Licensee shall submit to the City a list of the additional sites proposed for the placement of benches or shelters along designated public transit routes and shall obtain the approval of such sites by the City prior to placing any additional benches or shelters within the City limits. Such approval is not to be 40C. [2l t> -S°1 E. la the effective date or anniversary date of this ordinance. 2. The City does hereby grant unto Licensee, subject to the conditions stated herein, the 0 sole and exclusive privilege and right to place rest benches and shelters along designated public transit routes within the �o City. All benches and shelters placed within the City limits pursuant to this agreement shall be durable and attractive in appearance. Sale or assignment of this franchise shall be subject to the City's approval. 3. The Licensee shall provide annually to the City, on or about September 1 of each year, a complete inventory showing the location of each bench and shelter within the City limits. Prior to the placement of any additional benches or shelters along designated public transit routes by the Licensee within the City, the Licensee shall submit to the City a list of the additional sites proposed for the placement of benches or shelters along designated public transit routes and shall obtain the approval of such sites by the City prior to placing any additional benches or shelters within the City limits. Such approval is not to be 40C. [2l t> -S°1 E. la 4oC construed to be, nor will it be, approval by the City of the fitness of such site for a bench or shelter with regard to the suitability, security or safety of the location for any such use, nor as such placement relates to any visual or physical impairment or obstruction of pedestrians, joggers, runners or the occupants or operators of vehicles, motorcycles, bicycles or any other form of transportation or conveyance. Licensee agrees to promptly remove or relocate any bench or shelter upon instruction from the City to do so. 4. The Licensee shall have the exclusive right and privilege to place advertisements upon the benches and shelters or to rent, license or sell the right to use said benches and shelters for advertising purposes. Provided, however, that the City reserves the right to disapprove of any advertisement in any location based upon the reasonable discretion of the City; and upon notice of any disapproval, Licensee shall remove such advertisement immediately. 5. The Licensee shall regularly inspect and shall at all times maintain the benches and shelters -- as well as the area immediately under and surrounding the benches and shelters reasonably necessary for the use of such benches and shelters by the public -- in [3] z�3 • • - 4ot a good and neat condition, and shall promptly remedy any defects in maintenance or condition. 6. The Licensee agrees to indemnify and save harmless the City against and from any and all claims, of whatsoever nature, by or on behalf of any person or persons, partnerships, corporations, or other entities arising from Licensee's conduct of the business contemplated herein (including but not limited to the placement of advertising or the failure or refusal to place any advertising on the benches and shelters) or from any accident in or about the bench or shelter sites, and will further indemnify and save the City harmless against and from any and all claims arising from any breach or default on the part of the Licensee in the performance of any covenant or agreement on the part of the Licensee to be performed pursuant to the terms of this agreement, or arising from any act or negligence of the Licensee, or any of its agents, contractors, servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred incident to any such claim or action brought thereon; and in case any action or proceeding be brought against the City by reason of any such claim, the Licensee, upon notice from the City, [4] • 0 408 covenants to resist or defend, at Licensee's expense, such action or proceeding by counsel reasonably satisfactory to the City. This obligation shall not be limited by the limits of coverage of any policy of insurance. 7. The Licensee shall keep and maintain in full force and effect during the term of this agreement, comprehensive general liability insurance with combined liability limits for bodily injury, personal injury, property damage and contractual obligations (with particular reference to this agreement) of $1,000,000.00 for each occurrence with an aggregate of $1,000,000.00 and shall name the City as an additional named insured. Insurance shall be issued by an insurer whose business reputation, financial stability and claims payment reputation is satisfactory as determined by such insurer's rating by Bests Rating Service. The Bests Rating Service shall not be less than an "A" rating. All insurance coverages of the Licensee, whether required or not, shall contain a waiver of Subrogation clause, waiving subrogation against the City of Little Rock. Unless otherwise agreed, the form and type of insurance shall conform to the following minimum requirements: Required insurance shall be documented in the Certificates of Insurance which provide that I5] M M M M M M M M M M M M i M M • 0 4os the City of Little Rock shall be notified at least thirty (30) days in advance of cancellation, nonrenewal or adverse change or restriction in coverage. The City of Little Rock shall be named on each Certificate as an Additional Insured and this Agreement shall be listed. If required by the City, the Licensee shall furnish copies of the Licensee's insurance policies, forms, endorsements, jackets and other items forming a part of, or relating to such policies. Certificates shall be on the °Certificate of Insurance" forms, acceptable to the City. Any wording in a Certificate which would make notification of cancellation, adverse change or restriction in coverage to the City an option shall be deleted or crossed out by the insurance carrier or the insurance carrier's agent or employee. The Licensee shall replace any cancelled, adversely changed, restricted or non- renewed policies with new policies reasonably acceptable to the City and shall file with the City Certificates of Insurance under the new policies prior to the effective date of such cancellation, adverse change or restriction. If any policy is not timely replaced, in a manner acceptable to the City, the Licensee shall, upon instructions of the City, cease all operation under this Agreement until directed by the City, in [6] • • 410 writing, to resume operations. The Licensee required coverage shall be considered primary, and all other insurance shall be considered as excess, over and above the Licensee's coverage. The Licensee's policies of coverage will be considered primary as related to all provisions of this Agreement. 8. The Licensee shall have the right to contract with other parties for the construction, placement and maintenance of said benches and shelters and for the solicitation of advertisement thereon. 9. If the Licensee receives a written notice from the City to perform any particular act or obligation under this agreement, the Licensee shall do so within fifteen days. Provided, however, upon receipt of written or oral notice from the City that any bench or shelter is unsafe, defective or in need of repair, the Licensee shall immediately post a prominent notice of warning on such bench or shelter and shall repair such bench or shelter within such reasonable period as the City Manager may direct. Failure to so act in a timely fashion shall constitute breach of contract and shall be cause for the City to cancel this agreement without liability to the City. However, while the City may inspect any benches subject to this Agreement, nothing contained in this agreement shall [7] • � X13. obligate the City to perform any type of inspections of such benches or shelters regarding safety, maintenance, location or condition. Such inspections are the sole responsibility of the Licensee. 10. This agreement shall be in full force and effect for a term of five years from the date hereof. Provided, however, the Licensee shall have the option to extend the term of this agreement for an additional five years if the City finds that the Licensee or its assignee has satisfactorily performed its obligations under this agreement. If Licensee exercises its option to extend this agreement at the end of its initial five year term, the City reserves the right to increase the amount of the liability insurance maintained by the Licensee if the risk factors considered by the City, in its sole discretions, require an increase in insurance coverage, provided that Licensee shall not be required upon the exercise of its option to extend this agreement to maintain more than $2,000,000 in liability coverage. If the City requires Licensee to increase its liability coverage, it shall advise Licensee in writing of the criteria on which the City based its decision. Thereafter, on each anniversary date of the insurance policy during the five year extension period, the City reserves the t8] • • 4 1'1° right to increase the amount of the liability insurance maintained by Licensee if the criteria utilized by the City at the end of the initial five year term in determining whether the liability insurance coverage maintained by Licensee should be increased requires an increase in coverage, provided that any increase shall not exceed $1,000,000 a year, and the aggregate coverage during the extension period shall not exceed $4,000,000. If the City requires Licensee to increase the amount of its liability insurance coverage, Licensee shall obtain such increased coverage within ninety (90) days after receiving notice from the City to increase the coverage. 11. If any paragraph, sentence, clause, or provision of this agreement is held invalid, then such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provisions, and to this end the provisions of this agreement are declared severable. 12. This agreement may be cancelled by either party thirty (30) days after written notice of such cancellation, return receipt requested, has been deposited in the U.S. mail. 13. This agreement shall be governed by all laws, state, county or federal, applicable to the [91 413 City of Little Rock, Arkansas and particularly shall assure that licensee shall not violate laws for equal opportunity employment. 14. This agreement represents the entire and integrated agreement between the City and Licensee and supersedes all prior negotiations, representations or agreements either written or oral between the parties hereto relating to the subject matter hereof. This agreement may be amended only by written instrument signed on behalf of both the City and Licensee by the respective authorized representatives of the City and Licensee. IN WITNESS WHEREOF, the City of Little Rock has caused these presents to be executed by its City Manager and attested by the City Clerk. CITY OF LITTLE ROCK, ARKANSAS Vy- I ,1. [10] ATTEST: