HomeMy WebLinkAbout37-City Administrator
CITY OF SAN BERN. .RDIN~REQUEST ... jR COUNCIL ACTION
From:
Fred Wilson Subject:
Assistant to the City Administrator
City Administrator
Agreement with Bustop Shelters of
California, Inc. for the provision
of bus shelters.
__apt:
Date: February 20, 1990
Synopsis of Previous Council action:
None
Recommended motion:
Adopt resolution.
Contact person:
Fred Wilson
Phone: S 1 22
Supporting data attached:
Yes
Ward:
All
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Descriotionl
Finance:
'ouncil Notes:
75.0262
Agenda Item No 37
CITY OF SAN BERN RDINO - REQUEST F R COUNCIL ACTION
STAFF REPORT
The attached Agreement with Bustop Shelters Inc. relates to
the provision of 22 bus shelters and 20 non-advertised bus
benches at various locations throughout the city. Marketing
reports prepared by Omnitrans have indicated that the
availability of bus shelters is a major reason for improving
ridership. The non-advertised bus benches are being provided
as an incentive program in return for permitting bus shelters
to be located in the city. with the exception of the 8 bus
shelters in the downtown area which were installed and are
maintained by Omnitrans, no other bus shelters are located in
the city.
The terms of the Agreement include:
1. Bustop Shelters Inc. will provide 22 bus shelters
at the locations listed on the attachment. The
recommended sites for the bus shelters were
coordinated with the Council Office and Omnitrans.
A photograph of the bus shelter design is provided
as an attachment.
2. Bustop Shelters Inc. will provide 20 non-advertised
bus benches at any location determined by the city.
(diagram of bus bench design is attached).
3. Two of the bus shelters will be non-advertised.
4. City will be paid $40.00 per month or 10% of gross
advertising revenue (whichever is greater) for each
shelter. Annual revenue will be approximately
$9,600 per year.
5. 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 per
week is also required.
6. Bustop Shelters Inc. will also pay all installation
costs, permits and electrical charges associated
with each of the shelters.
7. 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.
75-0264
8. The term of the Agreement is two 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.
F ED A. WILSON,
A sistant to the
City Administrator
FAWjsh
Attachment
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RESOLUTION NO.
4 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
5 BUSTOP SHELTERS, INC., A CALIFORNIA CORPORATION, BY THE MAYOR OF
THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY.
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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
9 hereby authorized and directed to execute, on behalf of said
10 City, an agreement with Bustop Shelters, Inc.
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A copy of said agreement is attached hereto marked
12 Exhibit "A" and incorporated herein by this reference as fully
13 as though set forth at length.
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This Agreement shall not take affect until
SECTION 2.
15 fully signed and executed by both parties. The City shall not
16 be obligated hereunder unless and until the Agreement is fully
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executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
The authorization to execute the above--
referenced agreement
is rescinded if the parties to the
21 agreement fail to execute it within sixty (60) days of the
22 passage of this resolution.
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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 thereof, held on
the
day of
, 1990, by the following
vote, to wit:
/ / / / /
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--
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMEI BETWEEN THE CITY OF SAN B lARDINO AND BUSTOP
SHELTERS, INC., A CALIFORNIA CORPORATION, BY THE MAYOR OF THE CITY
OF SAN BERNARDINO ON BEHALF OF SAID CITY.
Council Members:
NAYS
ABSTAIN
AYES
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of , 1990.
w. R. Holcomb, Mayor
city of San Bernardino
Approved as to form
and legal content:
,.....
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A G R E E MEN T
THIS AGREEMENT is made and entered into this day of
, 1990 by and between the CITY OF SAN BERNARDINO,
a municipal corporation, 300 North "D" Street, San Bernardino,
California 92418, (herein referred to as "City"), and Metro
Display Advertising, Inc., d.b.a. Bustop Shelters of California,
Inc., a California corporation, 18023 Sky Park Circle, H2,
Irvine, California 92714, (herein referred to as "Contractor").
WIT N E SSE T H:
A. city would like to provide bus shelters ("shelters") at
designated bus stop locations throughout the City; and
B. city desires to provide such shelters without incurring
cost and expenses; and
C. contractor represents that it is willing and qualified to
provide such shelters;
City and Contractor agree as follows:
1. Riqht to Construct.
City hereby grants to Contractor, on the terms herein-
after 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.
All shelters shall be completely constructed within three
months of due date this Agreement is executed.
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2. Fees.
a. Contractor shall pay city forty dollars per shelter
per month or ten percent (10%) of the gross advertising received
by Contractor for the rental of advertising space for each shel-
ter, whichever is greater.
b. For every 20 shelters constructed under this Agree-
ment, Contractor shall construct, repair, maintain, and insure,
at its sole expense, two shelters that contain no advertising
and 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.
c. All payments from Contractor to City shall be paid
quarterly and supported by documentation of shelter locations,
gross revenues, and other information required by the city to
verify proper compensation.
d. Contractor shall allow inspection of its books and
records by city officials during reasonable business hours.
e. Quarterly reports concerning gross revenues shall be
provided to the City within thirty (30) days following each
calendar quarter.
3. Contractor's Services.
a. The shelters shall be designed and constructed to
conform to Contractor's drawing, which is on file in the city
Clerk's Office. Each shelter shall have displayed in a
conspicuous place the name of Contractor. Any design changes on
the structure shall be submitted for City's written approval
thirty (30) days prior to installation, and no changes are
allowed without this approval.
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b. Contractor shall obtain a separate permit from City
for each bus shelter, and each such permit shall be valid only
for the particular location specified. Each application for a
permit to install a bus shelter must be accompanied by the
proposed location.
c. Contractor shall pay all fees, costs and permit
charges regularly assessed by city. The shelters shall be
constructed in conformity with the relevant requirement of the
Uniform Building Code.
d. At its sole cost and expense, Contractor shall
maintain, repair, clean and service the shelters and the
perimeter area immediately surrounding the shelter. Contractor
may enter the shelters at any reasonable time with personnel and
necessary materials. Contractor will provide trash containers
at each shelter and bus bench location and empty the containers
at least two (2) times per week and more frequently if
necessary. Contractor shall provide a four hour response time
to all graffiti abatement and other maintenance needs. Shelters
shall be cleaned at least two (2) times per week and more
frequently if necessary.
e. Contractor shall pay for electricity supplied to the
shelter.
f. Any time a shelter is erected, contractor, shall
relocate existing benches or other equipment to other locations
to be determined by the city.
4. Advertisinq.
Contractor shall utilize the shelters for advertising,
but shall only do so pursuant to those design diagrams of
Exhibit "B" which is attached and incorporated by this
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reference, and shall only advertise on 20 out of every 22
shelters erected within the city.
No advertisement on any shelter shall be displayed except
in the area designated for advertising.
No advertisement on any shelter shall be displayed which
would be offensive or objectionable to the public, or which
advertises competing services or products within a one-block
radius of real property primarily devoted to providing those
services or products. Should City, in its sole discretion,
determine any advertising on any shelter to be offensive or
objectionable, Contractor shall remove the advertising within
twenty-four (24) hours.
No advertisement shall be allowed which may interfere
with, misled or distract traffic, or conflict with any traffic
control device.
Contractor will provide the availability for Public
service Announcements to be displayed on the advertising
shelters at a rate of one panel per shelter for the term of a
month each year at no cost to the City.
5. Shelter Removal.
a. Contractor may remove any shelter upon thirty (30)
days notice to city, if federal, state, municipal or other
authorities establish regulations or taxes which restrict
location, construction, maintenance or operation and substan-
tially diminish the value of the shelter for advertising
purposes, or in the event of chronic vandalism. Chronic
vandalism is damage inflicted to a shelter during any six (6)
month period which requires cumulative expenditures for
replacement and repair that exceed the original cost of
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construction and installation.
b. If this Agreement is breached or terminated,
Contractor shall immediately remove all shelters. within thirty
(30) days after notice to remove, City shall have the right to
remove the shelters and Contractor shall pay all costs of
removal and site restoration.
c. City, in its sole discretion may require the
relocation of any shelter, at any time, based on poor
maintenance or appearance or if the physical surroundings or use
of the shelter poses a threat to the public health or safety.
d. When any shelter is removed for any reason, it shall
be at Contractor's sole expense. All material shall be removed
from the site, including all wires. The site shall be restored
to the condition existing prior to installation of the shelter,
including complete restoration of sidewalk upon which the
shelter was located.
6. Term.
The term of this Agreement is two (2) years. At the con-
clusion 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) .
7. Termination.
This Agreement may be terminated by City or Contractor by
giving written notice not less than thirty (30) days prior to
termination. Regardless of which party terminates, removal of
the shelters shall be as provided in paragraph 5(d).
8. Independent Contractor.
Contractor is an independent contractor and not an
employee of the City. All personnel shall be employees of
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Contractor and not employees of city and shall be subject to
hours and conditions of employment set by Contractor. Contractor
shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applic-
able withholding taxes.
9. Indemnification. Hold Harmless and Insurance.
Contractor indemnifies, defends and holds harmless the
City and its officers and employees against all liabilities or
loss (including reasonable attorney fees, related costs and
expenses) because of death, personal injury or property damage
arising or resulting from the fault or negligence of Contractor
in its operations under this Agreement.
Contractor shall obtain policies of general liability
insurance in form acceptable to the City Attorney, with a
minimum combined single limit of two million dollars
($2,000,000.00). The policies shall name the City as additional
insured. Contractor shall maintain the policies in full force
and effect during the period of this Agreement.
10. Reoresentatives and Notices.
The city Administrator shall represent the City for this
Agreement.
Jean Claude LeRoyer, President, shall be the represen-
tative of Contractor for this Agreement.
Notices sent by one party to the other shall be
personally delivered or sent by U.S. Mail, postage prepaid, to
the following addresses:
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city:
contractor:
city Administrator
1 City of San Bernardino
300 North "0" Street
2 San Bernardino, CA 92418
Jean Claude LeRoyer
Bustop Shelters of California
18023 Sky Park Circle, H2
Irvine, CA 92643
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11. Subcontractors.
No portion of this Agreement shall be subcontracted
without the prior approval of City. Contractor shall be fully
responsible to City for the performance of any and all subcon-
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tractors.
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12. Assianabilitv.
This Agreement shall be null and void if Contractor
assigns or transfers any interest in this Agreement without the
prior written consent of City.
13. Eaual Opportunitv.
a.
By signing this Agreement, Contractor certifies that
it does not discriminate against any employee or applicant for
employment because of race, color, creed, religion, sex, marital
status, national origin, ancestry, physical handicap or. medical
condition.
b.
Contractor represents to City that all applicable
portions of the Immigration Reform and control Act of 1986 have
been followed.
14. Governina Law.
This Agreement is governed by the laws of the State of
California.
15. Entire Aareement.
This Agreement is
the entire understanding of the
parties,
and there are no other conditions, oral or written,
controlling this matter.
IN WITNESS WHEREOF, this Agreement has been executed
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, A MUNICIPAL
CORPORATION 'D METRO DISPLAY ADVERTISI INC., d.b.a. BUS TOP
SHELTERS OF LALIFORNIA, INC., A CALIFORNiA CORPORATION.
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by the parties effective as of the date and year first above
written.
ATTEST:
CITY OF SAN.BERNARDINO,
a Municipal Corporation of
the State of California
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By:
W. R. Holcomb, Mayor
City of San Bernardino
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Shauna Clark,
city Clerk
CONTRACTOR:
By:
METRO DISPLAY ADVERTISING, INC.
d.b.a. Bustop Shelters of
California, Inc.
Approved as to form
and legal content:
JAMES F. PENMAN,
city ttorney /J.
\ 1- rcd................
8
- ~
~ ~ BUSTOP SHELTERS OF CALIFORNIA, INC.
PROPOSED SITES FOR SAN BERNARDINO COUNTY
1.
1)
2)
3)
(Seven Districts)
SB Tippecanoe
WB Mill
NB "E" Street
FS Mill
FS Lena
FS Seventh
2. 1) WB Waterman FS Baseline
2) NB Waterman NS Olive
3) NB Waterman FS 9th Street
3. 1) NB Mt. Vernon NS Mill
2) NB "E" Street FS Entrance to Orange Pavillion
3) NB "E" Street FS Orange Show Road
4.
1)
2)
3)
SB Sepulveda Ave.
WB 40th
EB 40th
FS Sierra Way
FS Waterman
FS Sepulveda
5. 1) SB "E" Street NS 30th
2) WB Highland FS Muscupaibe
3) SB "E" Street FS Marshall
6. 1) WB Baseline FS Mt. Vernon
2) WB Highland at 1700 (West Highland Center)
3) WB Highland FS Medical Center
7.
1)
2)
3)
SB Del Rosa
SB Del Rosa
WB Highland
NS Pumalo
FS Date
NS Golden Avenue
18023 Sky Park Circle. H2 . Irvine, California 92714 . (714) 250-1130 . FAX (714) 250-1126
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