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HomeMy WebLinkAbout16-City Administrator .-. CITY bF ~AN BERNAODINO - REQUEST FOI COUNCIL ACTION From: Peggy Ducey Subject: Asst. to the City Administrator Amendment to agreement with Bus Stop Shelters Dept: Date: May 20, 1991 Synopsis of Previous Council action: 4/16/90 -- Resolution 90-134 adopted authorizing agreement with Bus Stop Shelters providing for 22 bus shelters and 20 non-advertised bus benches at certain locations throughout the City. Recommended motion: Adopt resolution. Contact person: Peqqv Ducev Phone: 5122 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.! (Acct. DescriDtionl Finance: Council Notes: 75.0262 Agenda Item No 16 .c CtTY OF SAN BERNAODINO - REQUEST FcQ COUNCIL ACTION STAFF REPORT On April 16, 1990, Resolution 90-134 between the City of San Bernardino and Bus stop Shelters Inc. was approved providing for 22 bus shelters and 20 non-advertised bus - benches at various locations throuahout the Citv. A new agreement has been prepared allowing for the provision of an additional 10 bus stop shelters at designated locations within the city, as illustrated in Exhibit "A", and an additional 15 non-advertised bus benches at any location determined by the City. All other terms and conditions of the original agreement remain intact with no further changes, additions or deletions. Those conditions include: 1. The addition of 10 bus stop shelters and 15 non- - advertised bus benches to the original 22 shelters and 20 benches. 2. City will be paid advertising revenue shelter. $40 per month or 10% of gross (whichever is greater) for each 3.. Bus stop Shelters, Inc. will be responsible for cleaning the bus shelters at least twice per week including steam dleaning the sidewalk surrounding the shelters. The emptying of trash containers provided by Bus stop Shelters Inc. at least twice a week is also required. A. Bus stop Shelters installation costs, associated with each Inc. will also pay all permits and electrical charges of the shelters. 5. The City will have the authority to require Bus stop Shelters, Inc. to remove objectionable advertising in the shelters. City will also be permitted to display public service announcements on one panel per shelter for one month per year. .6. The term of the Agreement is for two years. If the contract is not renewed, Bus Stop Shelters Inc. will remove the shelters at their expense and restore the sidewalk to its original conditions. / lit~. PEGGY DU Assistan to the City Administrator PD/md .0264 ., o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN 3 BERNARDINO AND METRO DISPLAY ADVERTISING, INC., DOING BUSINESS AS BUS TOP SHELTERS OF CALIFORNIA, INC. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to 7 execute on behalf of said City an Agreement by and between the 8 City of San Bernardino and Metro Display Advertising, Inc., doing 9 business as Bustop Shelters of California, Inc., a California 10 Corporation, 18023 Sky Park Circle, H2, Irvine, California 92714. 11 SECTION 2. The authorization to execute the above- 12 referenced agreement is rescinded if the parties to the agreement 13 fail to execute it within sixty (60) days of the passage of this 14 resolution. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 Bernardino at a meeting thereof, held on the 18 day of , 1991, by the following vote, to wit: 19 Council Members: AYES NAYS ABSTAIN 20 ESTRADA 21 REILLY 22 HERNANDEZ 23 MAUDSLEY 24 MINOR 25 POPE-LUDLAM 26 MILLER 27 City Clerk 28 DABjsesjMetro.res June 6, 1991 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J L - o o 1 RESOLUTION.. .AUTHORIZING THE EXECUTION OF AN AGREEMENT... THE CITY OF SAN BERNARDINO AND METRO DISPLAY ADVERTISING, INC... 2 3 The foregoing resolution is hereby approved this day 4 , 1991. of 5 6 7 w. R. Holcomb, Mayor City of San Bernardino Approved as to 8 form and legal content: 9 JAMES F. PENMAN, City Attorney Bt~t It-r~'lA. DAB/ses/Metro.res June 6, 1991 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 AGREEMENT 2 THIS AGREEMENT, made and entered into this 3 4 , 1991 by and between the CITY OF SAN day of BERNARDINO, a municipal corporation, 300 North "0" Street, San 5 Bernardino, California 92418 (herein referred to as "City"), and 6 METRO DISPLAY ADVERTISING, INC., doing business as BUS TOP 7 SHELTERS OF CALIFORNIA, INC., a California Corporation, 18023 Sky 8 9 Park Circle, H2, Irvine, California 92714 (herein referred to as "Contractor") , WITNESSETH: WHEREAS, the parties hereto entered into that certain Agreement dated June 1, 1990, relating to bus shelters at certain bus stop locations throughout the City, and WHEREAS, the parties desire now to amend said Agreement to allow for additional locations at an incrementally increased compensation, NOW THEREFORE, the parties hereto agree as follows: 1. Section 1 of said Agreement is hereby amended to read as follows: "1. Right to Construct City hereby grants to Contractor, on the terms hereinafter described, a license to construct, erect, install, repair, maintain and insure shelters at twenty-two (22) designated bus stop locations on City property, attached as Exhibit "A". Sites to be split equally between the seven wards. III DAB/ses/Metro.agr June 5, 1991 1 10 11 12 o 0 1 All such shelters shall be completely constructed 2 within Three (3) months of the date this Agreement is 3 executed. 4 City further grants to Contractor, on the terms 5 hereinafter described, a license to construct, erect, 6 install, repair, maintain and insure an additional Ten 7 (10) designated bus stop shelters at locations on City 8 property, attached as Exhibit "B". 9 All such additional shelters shall be completely constructed within Three (3) months of the date this Amendment to Agreement is executed." 2. Subsection b of Section 2 is hereby amended to read 13 as follows: 14 15 16 17 18 19 20 21 22 23 24 25 26 "b. For every Twenty (20) shelters constructed under this Agreement, Contractor shall construct, repair, maintain, and insure, at its sole expense, two shelters that contain no advertising and Twenty (20) non-advertised benches. The consideration set forth in Paragraph 2(a) shall not be paid for non- advertising shelters. City shall be responsible for determining the sites for the bus benches. In addition to the forgoing and without additional compensation, Contractor will provide an additional Fifteen (15) non-advertised bus benches at any locations determined by the City." 3. Except as amended herein said Agreement shall remain 27 in full force and effect. 28 III 2 DAB/ses/Metro.agr June 5, 1991 . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND METRO DISPLAY ADVERTISING, INC. 2 3 4 5 6 IN WITNESS WHEREOF. the parties hereto have executed this Amendment to Agreement On the day and date first above shown. City of San Bernardino 7 BY: W.R. Holcomb, Mayor 8 Approved as to form 9 and legal content: JAMES F. PENMAN, City Attorney ,1 /,' By: l./a'7""'~ 7- /i-v..~ o CONTRACTORS: METRO DISPLAY ADVERTISING, INC. d.b.a. BUS TOP SHELTERS OF CALIFORNIA, INC. BY: BY: DAB/ses/Metro.agr June 5, 1991 3 o o ~ ~ BUSTOP SHELTERS OF CALIFORNIA, INC. EXHIBIT "B" PROPOSED SITES FOR CITY OF SAN BERNARDINO PREPARED FEBRUARY 6,1991 LIST #: SBDO - 046 PART - 1 1. WB 5TH STREET FS BELLE T-2482 2. EB 5TI1 STREET FS D STREET T-2483 3. WB 5TH STREET FS E STREET T-2476 4. EB 5TH STREET AT ENT.LOS FAROLES T-2480 5. EB 5TH STREET FS G STREET T-2481 C WB 5TI1 STREET NS H STREET T-2489 WB 5TH STREET FS MT. VERNON T-2487 8- WB 9'1H STREET AT 407 112 9'1H T-2491 9. WB 9'1H STREET AT 570 9'1H T-2492 10. WB 9'1H STREET FS SIERRA T-2490 , EB 9'1H STREET FS WATERMAN T-2488 EB 21ST STREET AT 402 21ST T-2501 EB 21ST STREET AT 780 E. 21ST T-2500 14. EB BASELlNE AT 1718 BASELINE T-2496 0 EB BASELlNE FS G STREET T-2497 16. WB BASELINE FS G STREET T-2495 17. WB BASELlNE NS H STREET T-2486 G WB BASELlNE FS MT. VIEW T-2494 t EB BASELlNE FS MT. VIEW T-2498 EB BASELlNE NS SIERRA T-2499 EB BASELlNE FS WATERMAN T-2493 22. EB RIALTO AT ENT.FRIENDLY VLG. T-2479 S WB RIALTO AT ENT.MOBILE HOME PK T-2478 EB RIALTO NS MACY T-2477 25. NB SIERRA FS 5TH STREET T-2484 26. NB SIERRA FS 9'1H STREET T-2485 18023 Sky Park Circle, H2. Irvine, California 92n4. (714) 250-1130' FAX (n4) 250-1126