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CITY OF ~AN BERN~INO - REQUEST FCC COUNCIL ACTION
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From:
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Peggy Ducey
Asst. to City Administrator
Subject: Agreement with Bus Stop Shelters
Date:
September 5, 1991
Synopsis of Previous Council action:
7/18/91 -- Legislative Review Committee recommended approval
of agreement for provision of an additional 10 shelters
to the already established 22 shelters authorized by
Resolution *90-134
Recommended motion:
o
Adopt resolution.
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Contact person: Peggy Ducey
Phone:
5122
Supporting data attached:
yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.1
(Acct. Descriotion)
Finance:
cO Notes:
75-0262
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91TY OF SAN BERNAilDINO - REQUEST F&\ COUNCIL ACTION
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STAFF REPORT
On April 16, 1990, Resolution 90-134 between the City of San
Bernardino and Bustop Shelters Inc. was approved providing
for 22 bus shelters and 20 non-advertised bus benches at
various locations throughout the City. On June 17, 1991, a
request was made to amend the agreement for an additional 10
shelters. Council referred the item to Legislative Review
for a more complete analysis. Legislative Review studied the
design of the shelters, and requested that shelters be
architecturally compatible with surrounding structures.
Planning and Building services has recommended compatible
shelter styles for the existing 22 shelters as well as the
additional 10 proposed. Bustop Shelters will change the
style of existing shelters at no cost to the city. (Exhibit
"C")
The attached amendment relates to the provision of the
additional 10 bus stop shelters at designated locations
within the city, as illustrated in Exhibit "B", and an
additional 15 non-advertised bus benches at any location
determined by the city. The amendment also relates to an
increase in the fees paid to the city by Bustop Shelters,
Inc.
These conditions include:
1. The addition of 10 bus stop shelters and 15 non-
advertised bus benches to the original 22 shelters
and 20 benches. The architectural design of the 32
shelters and locations are described in Exhibit
"BIt.
2. City will be paid $75 per month or 16% of gross
advertising revenue (whichever is greater) for each
shelter.
3. Bustop Shelters, Inc. will be responsible for
cleaning the bus shelters at least twice per week
including steam cleaning the sidewalk surrounding
the shelters. The emptying of trash containers
provided by Bustop Shelters Inc. at least twice a
week is also required.
4. Bustop Shelters Inc. will also pay all installation
costs, permits and electrical charges associated
with each of the shelters.
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The City will have the authority to require Bustop
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 five years. If
the contract is not renewed, Bustop Shelters, Inc.
will remove the shelters at their expense and
restore the sidewalk to its original conditions.
5.
All other terms and
remain intact with
deletions.
conditions of the original agreement
no further changes, additions or
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PEGGY DUCE /
Assistant ~ the
City AdminIster
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE
CITY OF SAN BERNARDINO AND METRO DISPLAY ADVERTISING, INC., DOING
BUSINESS AS BUSTOP SHELTERS OF CALIFORNIA, INC. RELATING TO THE
PROVISION OF AN ADDITIONAL 13 SHELTERS IN LOCATIONS THROUGHOUT THE
CITY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor is hereby authorized and directed to
execute on behalf of said city a first amendment to the Agreement
by and between the City of San Bernardino and Metro Display
Advertising, Inc. doing business as Bustop Shelters of California,
Inc., a California corporation, 18023 Sky Park Circle, H2, Irvine,
CA 92714 relating to the provision of 13 additional shelters in
various locations throughout the city.
SECTION 2.
The authorization to execute the above
referenced amendment is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a
meeting thereon, held on the
day
of
, 1991, by the following vote, to wit:
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jJCJ
RESOLUTION OF THE CITY OF SAN BERNARDINO EXECUTING AN AMENDMENT
TO THE AGRE~NT WITH METRO DISPLAY AD~~ISING, INC. (BUSTOP
SHELTERS OF~LIFORNIA) RELATING TO THE~OVISION OF AN
ADDITIONAL 13 SHELTERS.
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2 Councilmembers
3 ESTRADA
4 REILLY
5 HERNANDEZ
6 MAUDSLEY
7 MINOR
8 POPE-LUDLAM
9 MILLER
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ABSTAIN
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ABSENT
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CITY CLERK
The foregoing resolution is hereby approved this
day
of
, 1991.
W. R. HOLCOMB, MAYOR
city of San Bernardino
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Approved as to form
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JAMES F. PENMAN
City Attorney
BY~/
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT made and entered into this
day of , 1991, by and between the CITY OF
SAN BERNARDINO, a municipal corporation, 300 North "0" Street, San
Bernardino, California 92418 (herein doing business as BUSTOP
SHELTERS OF CALIFORNIA, INC., a California corporation, 18023 Sky
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 stops locations throughout the city, and
WHEREAS, the parties desire now to amend said Agreement to
allow for additional locations and,
NOW, THEREFORE, the parties hereto agree as follows:
1. section 1 of said Agreement is hereby amended to read as
follows:
"1. Riqht to Construct
City hereby grants to Contractor, on the
terms hereinafter described, a license to
construct, erect, install, repair, maintain
and insure shelters at nineteen (19)
designated bus stop locations on City
property, attached as Exhibit "A".
All such shelters shall be completely
constructed within three (3) months of the
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2.
date this Agreement is executed.
ci ty further grants to Contractor, on the
terms hereinafter described, a license to
construct, erect, install, repair, maintain and
insure an additional thirteen (13) designated bus
stop shelters at locations on City property,
attached as Exhibit "B".
All such additional shelters shall be
completely constructed with three (3) months of the
date this Amendment to Agreement is executed."
"2. Fees.
Contractor shall pay City seventy-five dollars
per shelter per month or sixteen percent (16%) of
the gross advertising received by Contractor for
the rental of advertising space for each shelter,
whichever is greater.
Subsection b of section 2 is hereby amended to read as
"b. For every nineteen (19) 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-
advertised shelters. city shall be responsible for
determining the sites for the bus benches.
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follows:
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In addition to the foregoing and without
additional compensation, Contractor will provide an
additional fifteen (15) non-advertised bus benches
at any locations determined by the City.
section 3 of said agreement is hereby amended to read as
"3. Term.
The term of this Agreement is five (5)
years. At the conclusion of this Agreement,
the parties may renew or renegotiate the terms
and conditions.
If the Agreement is not
renewed, Contractor shall remove all shelters
as provided in Paragraph 5 (d).
Except as amended herein said Agreement shall remain in
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full force and effect.
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IN WITNESS WHEREOF,
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the parties hereto have executed this
the day and date first above shown.
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AGREEME~BY AND BETWEEN THE CITY ~AN BERNARDINO AND
METRO Df!PLAY ADVERTISING, INC. (B~OP SHELTERS OF
CALIFORNIA)
CITY OF SAN BERNARDINO
BY:
W. R. HOLCOMB, MAYOR
CONTRACTORS:
METRO DISPLAY ADVERTISING, INC.
d.b.a. BUSTOP SHELTERS OF
CALIFORNIA, INC.
BY:
BY:
0 0 EXHIBIT A
R:.:G'D.-t\0.LiHL Gf-""F.
BUSTOP SHBLTBRS 01' CALJ:I'ORIIJ:A, J:lfC.
LOCATJ:OIf LJ:ST BY CJ:TY ""-"';.,,> ..... -. ~ "} ". ,
;:_;,:j :-_~c....
Prepareel 10/17/90 -.'
CJ:TY/UNJ:T' Location Hapkey County
CJ:TY 01'1 IGQ
SBOO 798 NB 'E' * FS 7th 16 D2 SBOO
SBOO 801 NB 'E' FS Ent Orange pavilln 16 D5 SBOO
SBOO 799 NB 'E' FS Orange Show Road 16 D6 SBOO
SBOO 940 SB 'E' * NS 30th 7 D4 SBOO
SBOO 939 SB 'E' FS Marshall 7 D4 SBOO
SBOO 783 EB 2nd FS 'G' 16 D3 SBOO
SBOO 811 EB 40th FS Sepulveda 7 E2 SBOO
SBOO 812 WB 40th FS Waterman 7 F2 SBOO
SBOO 780 WB Baseline FS Mt. Vernon 16 C1 SBOO
SBOO 781 SB Del Rosa FS Date 8 B4 SBOO
SBOO 810 WB Highland FS Del Rosa 8 B5 SBOO
SBOO 941 WB Highland FS Muscupiabe 7 B5 SBOO
SBOO 832N WB Mill FS Lena 17 A4 SBOO
SBOO 779 NB Mt. Vernon NS Mill 16 C4 SBOO
SBOO 782 SB Sepulveda FS Sierra way 7 E1 SBOO
SBOO 831N SB Tippecanoe FS Mill 17 B4 SBOO
SBOO 785 NB Waterman FS 9th 16 F2 SBOO
SBOO 800 NB Waterman FS Baseline 16 F1 SBOO
SBOO 784 NB Waterman FS Olive 16 Fl SBOO
TOTAL SHBLTBRS I'OR CJ:TY 01' SBOO =.l!
Total Shelters 19
*Far Side
*Near Side
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~XHIBIT B
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PROPOSED SITES FOR CITY OF SAN BERNARDINO
1- WESTBOUND 5th Street AT Mt. Vernon
2. EASTBOUND 9th Street AT Waterman
3. EASTBOUND 21st Street AT 402 21st Street
4. EASTBOUND 21st Street AT 780 E. 21st Street
5. EASTBOUND Baseline AT G Street
6. WESTBOUND Baseline AT Mt. View
7. EASTBOUND Baseline AT Sierra
8. EASTBOUND Baseline AT Waterman
9. WESTBOUND Rialto AT Ent. M.H.P.
10. EASTBOUND Rialto AT Macy
11- WESTBOUND 5th Street AT Belle
12. EASTBOUND Baseline AT 1718 Baseline Street
13. WESTBOUND 9th Street AT Sierra
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