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HomeMy WebLinkAbout29-City Administrator - JL CITY OF ~AN BERN~INO - REQUEST FCC COUNCIL ACTION ) From: DeO 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. /) ii. . r if /' . I .....tell , sign;f1e / " 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 //J -7-~ / ,,/1/9 _"~mNO~ 91TY OF SAN BERNAilDINO - REQUEST F&\ COUNCIL ACTION o o o i I 75-0264 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. I ~ o o o ~ . A o o 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 I~t PEGGY DUCE / Assistant ~ the City AdminIster 2 , . 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 o o 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: / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 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. 1 2 Councilmembers 3 ESTRADA 4 REILLY 5 HERNANDEZ 6 MAUDSLEY 7 MINOR 8 POPE-LUDLAM 9 MILLER ~ ABSTAIN ~ ABSENT 10 11 12 13 14 15 16 17 CITY CLERK The foregoing resolution is hereby approved this day of , 1991. W. R. HOLCOMB, MAYOR city of San Bernardino 18 Approved as to form 19 and legal content: 20 21 22 23 24 25 26 27 JAMES F. PENMAN City Attorney BY~/ 28 -2- 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 i ! 1 , I. i o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 follows: 19 20 21 22 23 24 25 26 27 28 o o 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. 2 1 2 3 4 3. 5 follows: 6 7 8 9 10 11 12 13 3. o o 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 14 full force and effect. 15 IN WITNESS WHEREOF, 16 Amendment to Agreement on 17 18 / / / / / 19 / / / / / 20 / / / / / 21 / / / / / 22 / / / / / 23 / / / / / 24 / / / / / 25 / / / / / i 26 / / / / / I I 27 / / / / / I 28 / / / / / I I i I i. , , the parties hereto have executed this the day and date first above shown. 3 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 I- o ~XHIBIT B . 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 I I I r