HomeMy WebLinkAbout2002-063
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RESOLUTION NO. 2002-63
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT TO JOINTLY FUND AND UTILIZE AN ELECTRONIC READER
BOARD BY AND BETWEEN THE CITY OF SAN BERNARDINO AND INLAND
EMPIRE AUTO CENTER ASSOCIATION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City an Agreement with the Inland Empire Auto Center
Association regarding an Electronic Reader Board, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as though fully set forth at length.
SECTION 2. The authorization to execute the above referenced agreement IS
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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2002-63
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT TO JOINTLY FUND AND UTILIZE AN ELECTRONIC READER
BOARD BY AND BETWEEN THE CITY OF SAN BERNARDINO AND INLAND
EMPIRE AUTO CENTER ASSOCIATION
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
jt.
and Common Council of the City of San Bernardino at a reg. meeting thereof, held on the
19t1dayof February, 2002, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
LIEN
x
MCGINNIS
x
SCHNETZ
x
SUAREZ
x
ANDERSON
x
MCCAMMACK
~
~ .~
City Clerk ~
The foregoing resolution is hereby approved thisJo It!
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J~~'Valles, Mayor
Cryof San Bernardino
!
,
day of
February,
2002.
Approved as to
Form and legal content:
JAMES F. PENMAN,
City t::ey ~
By: )..~
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2002-63
Exhibit A
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND
EMPIRE AUTO CENTER ASSOCIATION TO JOINTLY FUND AND UTILIZE
ELECTRONIC READER BOARD
This Agreement is entered into this L day of Me-I c...
, 2002, by and
between the City of San Bernardino ("City"), and the Inland Empire Auto Center Association
of the city of San Bernardino ("Association").
WITNESSETH:
Whereas, it has been determined that an Electronic Reader Board sign is necessary to
increase awareness ofthe Auto Center; and
Whereas, increased awareness will result in increased sales and will thereby benefit
both the Association and the City of San Bernardino through increased sales tax revenue; and
Whereas, the parties have determined that it is advantageous to and in the best interest
of the City and the Association to jointly fund the construction and installation of a new
Electronic Reader Board at the Inland Empire Auto Center in San Bernardino; and,
Whereas, the City will benefit from the opportunity to display community-oriented
messages, informational announcements, and to promote the overall positive image of the city
of San Bernardino on the new Electronic Reader Board;
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2002-63
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND
EMPIRE AUTO CENTER ASSOCIATION TO JOINTLY FUND AND UTILIZE
ELECTRONIC READER BOARD
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. ELECTRONIC READER BOARD INSTALLATION.
A. Association agrees to install and maintain in good condition for twenty (20) years
from the date of this Agreement, an Electronic Reader Board sign visible to
motorists on 1-215 as approved by the City with Conditional Use Permit No. 00-27.
B.
Such sign shall be subject to all licenses and permits and approval of all applicable
governmental agencies.
C.
City shall have no responsibility whatsoever for the selection of the contractors, for
the construction work on said sign, nor responsibility for the finished product.
D. Association hereby agrees to comply with all applicable laws, statutes, ordinances or
regulations of every level of government which currently affect the installation of
said sign or shall during the term ofthis Agreement so affect it.
2. CITY USE OF SIGN. For the twenty (20) year term of this Agreement, the City shall be
permitted the right to use the Electronic Reader Board Sign four (4) minutes per every hour
of airtime. The minutes shall consist of three (3) messages/frames in rotation at 5 seconds
per message, for a total of 15 seconds per rotation. The rotation time shall be 3 minutes 45
seconds total, displaying sixteen (16) times per hour.
The City may use its allotment of time for various community-oriented messages,
informational announcements, and to promote the overall positive image of the City of San
Bernardino, with the exception of any "direct competitor(s)" of the Inland Empire Auto
Center.
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2002-63
1 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND
EMPIRE AUTO CENTER ASSOCIATION TO JOINTLY FUND AND UTILIZE
2 ELECTRONIC READER BOARD
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In the event the City does not have a sufficient number of community oriented
announcements, informational messages, or positive image advertisements to use the City's
entire minutes of time allotted, the City may, at its option and sole discretion, relinquish its
rights to any or all of the unused portion of the City's allocated time to the Association for
its usage as it deems fit and proper.
All uses of the Electronic Reader Board by the City will be submitted to the Association
by the Mayor's Office. The Mayor's Office may submit its messages and announcements
to the Association, or designee, for re-programming of the Sign twice per month, generally
on the 1st day and the 15th day of each month. If, however, the 1st or 15th day falls on a
Friday, Saturday, or Sunday, then the deadline for submittal of all advertising copy and
messages shall be the following Monday by 5:00 p.m.
3. REIMBURSEMENT AND METHOD OF PAYMENT. Upon installation of the Electronic
Reader Board as determined by the City and the presentation of invoice of funds expended,
City agrees to reimburse Association for the cost of construction and installation in seven
(7) quarterly payments of $25,000 each beginning September 1, 2002 continuing through
March 1, 2004. The sum of the quarterly payments shall not exceed one-half of the total
cost; and in no event shall such reimbursement exceed $175,000. Quarterly payments shall
be made upon receipt of quarterly invoices to the City from the Association on the
following dates:
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2002-63
I
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND
EMPIRE AUTO CENTER ASSOCIATION TO JOINTLY FUND AND UTILIZE
ELECTRONIC READER BOARD
1. September 1, 2002
2. December 1, 2002
3. March 1,2003
4. June 1, 2003
5. September 1, 2003
6. December 1, 2003
7. March 1, 2004
Any trade allowance with Quiel Bros. Sign Company given for the purchase and
removal of the existing reader board sign must be stipulated in the invoice of funds
expended on the new sign. CITY shall reimburse no other expenditures made by
Association related to the Electronic Reader Board.
4. SEVERABILITY. This Agreement may not is given in writing by both parties. The terms
of this contract shall remain in force unless mutually amended.
5. INDEMNITY. Association hereby agrees to indemnify, defend, and hold harmless the City
and the Economic Development Agency, their officers, agents, and employees from and
against any and all liability, expense and claims for damages of any nature whatsoever,
including but not limited to, costs, bodily injury, death, personal injury, or property damage
(including, without limitation, reasonable costs of defense and reasonable attorney's fees)
arising out of or related to Association's negligence in its performance of this Agreement,
except that such duty to indemnify, defend, and hold harmless shall not apply where injury
to person or property is caused by the City's willful misconduct or negligence. The costs,
salary, and expenses of the City Attorney and members of his office in enforcing this
Agreement on behalf of City shall be considered as "attorney's fees" for the purposes of
this paragraph.
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2002-63
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND
EMPIRE AUTO CENTER ASSOCIATION TO JOINTLY FUND AND UTILIZE
ELECTRONIC READER BOARD
6. INSURANCE. While not restricting or limiting the foregoing, during the term of this
Agreement, Association shall maintain in effect policies of comprehensive public, general
and automobile liability insurance, in the amount of $1,000,000.00 combined single limit,
and statutory worker's compensation coverage, and shall file copies of said policies with
the City's Risk Manager prior to undertaking any work under this Agreement. City shall be
set forth as an additional named insured in each policy of insurance provided hereunder.
The Certificate of Insurance furnished to the City shall require the insurer to notify City of
any change or termination in the policy.
7. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and
recruitment of employees, Association shall not discriminate on the basis of race, creed,
color, religion, sex, physical handicap, ethnic background or country of origin.
8. NO EMPLOYMENT. Association shall perform work tasks provided by this Agreement
but for all intents and purposes, Association shall be an independent contractor and not an
agent or employee of the City.
9. NOTICES. Notices given pursuant to this Agreement shall be in writing and deposited
with the United States Postal Service postage prepaid and addressed as follows:
To the City
City Administrator's Office
City of San Bernardino
300 North D. Street
San Bernardino, CA 92418
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2002-63
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND
EMPIRE AUTO CENTER ASSOCIATION TO JOINTLY FUND AND UTILIZE
ELECTRONIC READER BOARD
To the Association
Cliff Cummings, President
Inland Empire Auto Center Association
PMB 245
31441 Santa Margarita Parkway, Suite A
Rancho Santa Margarita, CA 92668
Nothing in this paragraph shall be construed to prevent the giving of notice by personal service.
IN WITNESS WHEREOF the Parties have executed this Agreement on the day and
date first shown above.
ATTEST:
By: R~ C2aJ:.
Rachel Clark, City Clerk
CITY OF SJ\N BERNARDINO
By: \.../ {{( (c?L
,/ JUdith Valles, Mayor
IN(~D EMPIRE AUTO CENTER
ASSOC1A nON
~J~J~~
By:
Cliff Cummings,
President
APPROVED AS TO FORM AND
LEGAL CONTENT:
By:
James F. Penman
City Attorney
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ADMeN
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AGREEM:ENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND
:EMPIRE: AUTO CENTER ASSOCIATION TO JOINTLY FUND AND UTILIZE
ELECTRONIC RE ADER BOARD .
To the Assoclation
CUff Cwnmings, President
Inland Empire Auto Center Association
PMB 245
31441 Santa Margarita Parkway, Suite A
Rancho Santa Margarita, CA 92668
Nothing ill !.'lis parafraph shall be construed to prevent the giving of notice by personal service.
IN WITNES; WHEREOF the Parties have executed this Agreement on the day and
date first ~hown .abole.
ATTEST:
CITY OF SAN BERNARDINO
By:
By:
Judith Valles, Mayor
Rachel Clark, City Clerk
A:.TEST:
AUTO CENTER
By:
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y- / F . t1 L-
APPROVED AS TO FORM AND
LEGAL CONTENT:
James F. Penman
City Attorney
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