(A) The City Council may in its sound discretion award a contract, following acceptance of a bid for such services, for the placement of benches at specified locations in the public right-of-way within the city. More than one such contract may be awarded to cover all locations within the city. The specific location of benches within the public right-of-way shall be determined by the Director of Public Works, who shall issue permits to the contractor for the placement, installation, relocation and maintenance of benches at locations approved by the Director.
('64 Code, § 19-6)
(B) The City Council may accept or reject proposals in its sound discretion for the contracts provided for in division (A) of this section. In the event that a proposal is accepted, the Council may grant a multi-year contract, renewable at the election of the City Council. Any such contract may be revoked by the City Council for violation of the terms of such contract or of this chapter.
('64 Code, § 19-7)
(C) The following provisions shall be deemed to be included in every contract awarded by the City Council pursuant to the provisions of divisions (A) and (B) of this section, and the contractor shall be deemed to have accepted such conditions by virtue of his acceptance of the contract:
(1) No bench shall be placed, located or maintained within the city without an encroachment permit obtained from the Director of Public Works.
(2) All benches shall be of uniform construction. Construction and appearance of benches shall be approved by the Director of Public Works.
(3) Each bench shall have displayed thereon the name and telephone number of the contractor in accordance with the specifications of the Director of Public Works.
(4) All advertising and substantial changes in advertising to be placed on any bench shall be first approved by the City Manager or his delegate as to location, content and design.
(5) No bench shall create a hazard, inconvenience or be detrimental to the public safety and welfare.
(6) The Director of Public Works shall determine the precise location of each bench.
(7) It shall be the duty of the contractor to maintain each bench at all times in a safe, clean and painted condition at its proper and lawful location and to inspect each bench periodically and to immediately remove any bench when the Director of Public Works determines that such removal would be in the public interest. Benches must be removed within five work days following notification of the contractor by the Director of Public Works that the bench is unsafe or unsightly. Benches must be removed within 10 work days following notification of the contractor by the Director of Public Works that the location of the bench is no longer a specified, approved location or that the contractor has violated the regulations and restrictions of this chapter.
(8) In the event the contractor neglects or refuses to remove any bench after the number of days specified in subdivision (7) of this division, the city may summarily remove it and charge the contractor a fee in an amount set by City Council resolution for removal storage and at the end of 30 days of storage sell or otherwise dispose of any benches remaining. Upon payment of removal and storage costs by the contractor the bench will be returned if it has not been sold or otherwise disposed of.
(9) The contractor shall indemnify and save harmless the city, its agents, officers and employees from any and all costs, damages, expenses or liability which may result from or arise out of the granting of any permit or the installation or maintenance of any bench. In connection therewith, the contractor shall at all times keep and maintain public liability insurance in an amount and subject to the conditions specified by the City Manager and shall have the city named as additional insured on such insurance at no expense to the city.
('64 Code, § 19-7.1)
(D) The contractor shall apply for an encroachment permit covering each bench to be placed and installed within the city. The application for the encroachment permit shall contain detailed plans and specifications of the type and construction of the benches to be installed and the names and addresses of the owners of the benches.
(1) The application shall be filed with the Director of Public Works who shall make his recommendations for approval or denial to the City Manager, who will grant the application or deny same within 10 days from filing of the application.
(2) An encroachment permit may be revoked upon the determination of the City Manager that the public interest would be served thereby.
(3) The contractor shall pay an annual license fee in an amount set by City Council resolution.
(4) The Director of Public Works shall establish at the time of the granting of the permit the number of benches to be placed at each specified location. Benches must be placed at all specified locations determined by the Director of Public Works whether the benches have advertising on them or not.
('64 Code, § 19-7.2)
(Ord. 392, passed 1-28-71) Penalty, see § 10.97