HomeMy WebLinkAbout05 - C-2839 - Bus SheltersAugust 28, 2001
CITY COUNCIL AGENDA
ITEM NO. 5
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: CLEAR CHANNEL OUTDOOR AGREEMENT FOR BUS SHELTERS —
EXTENSION OF AGREEMENT, CONTRACT NO. 2839
RECOMMENDATION:
Approve the Amendment to Extend Agreement for Bus Shelters and authorize the City
Manager to sign the Amendment on behalf of the City of Newport Beach.
DISCUSSION:
On September 9, 1996, the City Council approved a five -year agreement with Metro
Display Advertising, Inc., to provide bus shelters in Newport Beach. The agreement is
set to expire on August 31, 2001, unless it is extended. Metro Display Advertising was
subsequently acquired by Eller Media Company in January 1998. Recently, their name
was changed to Clear Channel Outdoor.
The current agreement has a provision for extending the term for an additional five
years. Clear Channel Outdoor has requested the extension in a letter attached as
Exhibit A. Staff has had no complaints about the service provided by Eller Media
Company. We have checked with nearby cities to compare the terms of the
agreement. The provisions of Newport Beach's agreement equal or exceed those of
other cities, especially in terms of per - shelter revenue. The City receives $5,000 per
month for up to twenty-seven shelters. A list of the current shelter locations is attached
as Exhibit B.
Staff recommends that the existing agreement be extended with the same terms and
provisions until August 31, 2006.
Respectfully su
PUBLIC P MENT
Stephen G. Badum, rector
By: OA alM,
Ric aid M. E monston, P.E.
Transportation and Development Services Manager
Attachment: ExhibitA
Exhibit B
Agreement
Agreement Extension
AMENDMENT TO EXTEND AGREEMENT
FOR BUS SHELTERS
THIS AMENDMENT enter into this _ day of , 2001, by and
between the CITY of NEWPORT BEACH, a municipal corporation (hereinafter
referred to as "CITY"), and CLEAR CHANNEL OUTDOOR (hereinafter referred
to as "CONTRACTOR "), is made with reference to the following:
RECITALS
CITY entered into an Agreement for bus shelter(s) with Metro Display
Advertising, Inc., on September 9, 1996.
WHEREAS, paragraph one authorizes the CITY to extend the term of the
Agreement for one (1) additional five (5) year term upon written request by
CONTRACTOR; and
WHEREAS, CONTRACTOR has requested an extension of the
Agreement: and
WHEREAS, on or about January 23, 1998, CONTRACTOR was acquired
by Eller Media Company; said acquisition was approved by CITY, and
WHEREAS, on or about July 1, 2001, CONTRACTOR changed its name
to Clear Channel Outdoor; and
WHEREAS, CITY desires to extend the Agreement.
NOW THEREFORE, the City Council of the City of Newport Beach agrees
as follows:
1. The Agreement shall be extended for one (1) additional five (5) year
period to terminate on or about August 31, 2006.
2. All other terms and conditions of the Agreement shall remain
unchanged.
3. The City Manager is authorized to sign this amendment.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Garold B. Adams
Mayor
CLEAR CHANNEL OUTDOOR
M
F:\ Users \PBW\Shared\Agreements \Fy 01 -02\ClewChanel -Bus Shelters.doc
CLEARCHANNEL
OUTDOOR
August 17, 2001
Richard Edmonton
Traffic Engineer.
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92659
Dear Mr. Edmonton:
Clear Channel Outdoor, a division of Clear Channel Communication and formerly referred
to as Eller Media Company is requesting to extend our agreement for an additional 5 years
with the City of Newport Beach according to the terms of our contract. Our current
agreement ends this month and we would like to ensure there is no lapse of service to the
City.
In addition, as you have noticed Clear Channel Outdoor has changed its name from Eller
Media Company. This change went into affect on July 1, 2001. There has been no change of
ownership, Clear Channel Communications has determined to have all divisions of the
company conform to the same name for a variety of issues.
If there are any other question, please feel free to contact me at (323) 730 -4245.
Sincerely,
Ton
VP, Public airs
Southern California Transit Shelter Division
Clear Channel Outdoor
1550 W. Washington Boulevard, Los Angeles, CA 90007 ^ w .clearchannel.com
EXHIBIT A
323 I rs1 -5111 ra
734 -5038 F.:
BUS SHELTER LOCATIONS
AUGUST 15, 2001
1. Coast Highway @ Orange Street (e /b)
2. Coast Highway @ Prospect Street (e /b)
3. Coast Highway @ West Newport Park (e /b)
4. Coast Highway @ Superior Avenue (w /b)
5. Coast Highway @ Avocado Avenue (w /b)
6. Newport Boulevard @ Hospital Road (n /b)
7. Newport Boulevard @ Hospital Street (s /b)
8. Ocean Front @ Washington Street (e /b)
9. Balboa Boulevard @ 23`d Street (w /b)
10. Balboa Boulevard @ 32nd Street (w /b)
11. Balboa Boulevard @ River Avenue (w /b)
12. Balboa Boulevard @ 46`h Street (e /b)
13. Campus Drive @ MacArthur Boulevard (e /b)
14. MacArthur Boulevard @ Birch Street (s /b)
15. MacArthur Boulevard @ Bowsprit (s /b)
16. Dover Drive @ Coast Highway (n /b)
17. Dover Drive @ 161h Street (n /b)
18. Newport Center Drive @ Newport Center Drive (s /b)
19. Jamboree Road @ University Drive (n /b)
20. Irvine Avenue @ Mesa Drive (n /b)
21. San Nicolas Drive @ Newport Center Drive (e /b)
22. Westcliff Drive @ Irvine Avenue (e /b)
(e /b): shelter is for eastbound buses
EXHIBIT B
AMENDED AGREEMENT FOR BUS SHELTERS
(f- V2 839
THIS AGREEMENT, entered into this qM day of S r , 1996, by
and between the CITY OF NEWPORT BEACH, a municipal' corporation (hereinafter
referred to as "CITY"), and METRO DISPLAY ADVERTISING, INC., (hereinafter referred
to as "CONTRACTOR), is made with reference to the following:
RECIZALS:
A. CITY is a municipal corporation and Charter City duly organized and validly
existing under the laws of the State of California.
B. CITY and CONTRACTOR previously entered into an Agreement for the
installation and maintenance of bus shelters (shelters) within CITY. The previous
Agreement was entered into on December 17, 1990 and expired on December 16, 1995.
Pursuant to mutual agreement of the Parties, CONTRACTOR continued to provide bus
stop shelters within CITY on a month-to-month basis pursuant to the terms of the
December 17, 1990 Agreement.
C. Therefore, CITY and CONTRACTOR have determined that it is in both
Parties best interest to amend and extend the December 19, 1990 Agreement for the
installation and maintenance of bus shelters at mutually acceptable locations throughout
CITY upon the amended terms and conditions agreed to in this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM
The term of this Agreement shall be five (5) years from the 1st day of
September, 1996, to August 31, 2001, unless otherwise terminated as set forth in
Paragraph 10 of this Agreement.
CITY may agree to extend this Agreement for one (1) additional five (5)
year term upon written request by CONTRACTOR. CITY reserves sole discretion to
approve such a request. Neither CITY or CONTRACTOR shall incur any obligation
beyond the initial term without a written Agreement to extend this Agreement.
1
CITY hereby grants to CONTRACTOR, subject to the terms and conditions
of this Agreement, the right to install, repair and maintain shelters at City approved
locations throughout CITY. As of June 1, 1996, there are twenty -two (22) shelters with
advertising and one shelter without advertising which have been approved by CITY. The
location of all approved shelters is listed on the attached Exhibit "A ".
CONTRACTOR may install additional advertising shelters or relocate
existing shelters upon prior written consent of CITY.
3. CONSIDERATION
A. Monetary Fees
(1) For the term of this Agreement, CONTRACTOR shall pay CITY Five
Thousand Dollars ($5000.00) per month for up to twenty -seven (27) advertising shelters.
The monthly fee shall be increased by Two Hundred Dollars ($200.00) for each
advertising shelter after the first twenty-seven (27). However, CONTRACTOR shall not
be required to pay the increased $200.00 for any advertising shelter which is installed by
CONTRACTOR at CITY's request.
(2) If an additional shelter is installed or removed after the 1st of any month, the
additional monthly fee of $200.00 shall be prorated for any month between the date of
installation and the first of the following month.
(3) CONTRACTOR shall pay all fees on or before the 1st day of each month. If
fees are not paid when due, then in addition to the fees, CONTRACTOR shall pay a late
payment penalty in an amount equal to ten percent (10 %) of the fee that was not timely
paid. If CONTRACTOR fails to pay delinquent fees within thirty (30) days of the date due,
CONTRACTOR shall pay a second late payment penalty in an amount equal ten percent
(10 %) of the fee outstanding after such thirty day period. The second late payment
penalty shall be in addition to the first late payment penalty. In addition, CONTRACTOR
shall pay interest on all unpaid fees at the rate of ten percent (10 %) per annum or the
legal rate allowed, whichever is less. Interest shall be paid for all fees which remain
unpaid after thirty (30) days from the date.
B. Other Consideration
(1) Upon CITY's written request, CONTRACTOR shall furnish, install and
maintain up to five (5) shelters without advertising in addition to the one (1) existing
E
shelter as of June 1, 1996. These shelters shall, at CITY's option be outfitted at no cost
to CITY with advertising kiosks dedicated solely for public service or CITY generated
messages.
(2) CONTRACTOR agrees to pay for Twenty-five (25) bus benches without
advertising for CITY to install and maintain at locations designated by CITY.
CONTRACTOR shall.provide payment to CITY within three (3) months of execution of
this Agreement the sum of $8,500.00 which CITY shall use to order the manufacture of
fifteen (15) benches of the type and style desired by CITY. CONTRACTOR shall pay to
CITY an additional $5,800.00, on or before the 1st of June, 1997, for CITY to order
manufacture of the remaining ten (10) benches.
C. Upon termination or expiration of this Agreement, all shelters with
advertising are the property of CONTRACTOR, and shall be removed as provided in this
Agreement, unless otherwise authorized by CITY. All bus shelters without advertising
and all benches provided pursuant to this CONTRACT are the property of CITY.
4. CONTRACTOR'S SERVICES
A. Scope of Services
(1) CONTRACTOR shall, construct, install and maintain all bus shelters at its
own cost and expense.
(2) Pay phones may only be installed in those bus shelters approved by CITY.
CITY retains the right to provide its own pay phones within the shelters. If CITY
determines not to provide its own pay phones, CONTRACTOR may provide pay phones
in those locations approved by CITY. Pay phones shall have 911 capability to provide
safety and security and offer free calls to the local transit authority for route information
and to notify CONTRACTOR of any problems relating to the shelter. CONTRACTOR
agrees to remove any pay phones which are found to create a nuisance.
(3) Shelters and amenities may only be installed between the hours of 9:00
a.m. and 4:00 p.m., Monday through Friday. All work will be done in accordance with the
Uniform Building Code and all street disruption will follow the Work Area Traffic Control
Handbook (W.A.T.C.H.) guidelines.
(4) All shelters and amenities will be installed on concrete pads or sidewalks
and be plumb, level, true, neat, and rigid in every respect. The work shall adhere to the
engineered plans supplied to CITY to obtain required permits. Any disturbance of
existing sidewalk will be restored in a manner satisfactory to CITY.
i7
l _ - • 1
CONTRACTOR shall install any additional shelters within sixty (60) days of
CITY's written request to install a shelter per Paragraph 3.6(1) above including all
electrical power, benches and trash containers.
C. Shelter Design
(1) A completed shelter includes all advertising and back panels installed, a
bench and a trash receptacle and lighting. Other improvements located within one
hundred fifty feet (150') of the shelter necessary to comply with the Americans with
Disability Act shall also be completed. (Prior to acceptance by CITY, each shelter and
surrounding area shall be cleaned and all excess materials removed. )
(2) Each shelter shall be constructed to a common design. The design shall be
submitted to CITY for written approval by CITY at least thirty (30) days prior to installation.
Design shall include detailed drawings and structural calculations of all elements
including, but not limited to, the shelter and the bench. Each shelter shall include the
provision of an adequately -sized trash container.
(1) CONTRACTOR shall obtain separate permits from CITY for each shelter
installed. Permits shall consist of a Public Works Encroachment Permit, a Building
Permit, an Electrical Permit, and any other permit deemed necessary by CITY. Each
shelter shall have displayed in a conspicuous place, the name of CONTRACTOR and the
shelter identification number.
(2) All required permits for each shelter shall be issued at the same time and
no such permits shall be issued without proof of available electrical service.
CONTRACTOR shall pay all permit costs regularly assessed by CITY.
E. Repair and Maintenance
(1) CONTRACTOR shall maintain, repair, clean and service the shelters.
CONTRACTOR may enter upon and into shelters at any reasonable time with personnel
and all necessary materials including, but not limited to, electrical wires, meters, clock
work machinery and other items reasonably necessary to make the shelter functional . All
such work shall be performed at the sole expense of CONTRACTOR.
4
(2) . Each shelter shall be cleaned not less than once per week and steam
cleaned once per month. Trash receptacles shall be emptied when full, but not less than
two (2) times perweek.
(3) Emergency repairs, including graffiti removal, shall be done within twenty -
four (24) hours of notice to CONTRACTOR. CONTRACTOR shall provide CITY with a
twenty -four (24) hour emergency telephone number. A repair fact sheet will be provided
to the CITY to facilitate immediate response to any problems in the field.
(4) CONTRACTOR shall provide CITY with monthly maintenance log to
monitor the maintenance program and identify locations with frequent vandalism. At
CITY's request, CONTRACTOR shall provide additional maintenance as required.
F. Advertising
CITY has legitimate interests to avoid the appearance of favoring any
political candidate, ballot measure or related issue, not to impose objectionable, obscene,
pornographic or adult oriented material upon a captive audience - those that choose or
are forced to use public transportation. CITY also has an interest to avoid material which
distracts or confuses motorists. CONTRACTOR desires to maintain a reputable and
inoffensive advertising policy. Therefore, if CITY provides notice that any advertising is
contrary to the interests stated in this Agreement, CONTRACTOR agrees to remove the
advertisement. Inappropriate or offensive advertising shall include but not to be limited
to:
(a) Advertising which is likely to confuse, distract. interfere, mislead or
conflict with any traffic control device, or traffic circulation.
(b) More than five percent (5 %) of the shelters devoted to one (1)
political candidate, campaign or ballot measure.
(c) Advertisements which contain or depict pornographic material, or
adult material which is harmful to minors.
(d) Advertisement of alcoholic beverages, tobacco or other substances
known to be health hazards.
CONTRACTOR shall remove any advertisement not in compliance with the
above, within twenty -four (24) hours of receipt of a request from CITY.
0
;- .
(1) CONTRACTOR shall retain the right to remove any shelter upon thirty (30)
days notice to CITY in the event the federal, state, municipal or other proper authorities
should hereafter establish any rules, regulations or taxation which shall so restrict
location, construction, maintenance or operation of the shelters as to substantially
diminish the value of said shelters for advertising purposes which effectively inhibits the
ability of the shelter to generate advertising profit or in the event of "chronic vandalism ".
(2) In the event CITY fails to receive notice of non - renewal of any required
permit or insurance on or before thirty (30) days before the expiration date thereof, or in
the event any required insurance is canceled and no evidence of equal coverage is filed
with CITY on or before twenty (20) days prior to the expiration or cancellation date of any
coverage required by this Agreement,. or upon expiration or termination of this Agreement
for any reason, CONTRACTOR agrees to remove immediately all of its shelters. If
CONTRACTOR fails to remove any shelter as required by this Section within thirty (30)
days after notice to do so is mailed by CITY, CITY shall have the right to remove the
shelters and CONTRACTOR agrees to pay CITY's costs for such removal and site
restoration.
(3) CITY reserves the right to require CONTRACTOR to remove any shelter if:
(a) the shelter is not maintained as required in this Agreement; (b) the bus stop location
is changed; (c) the shelter will interfere with any construction, maintenance or repairs of
any public utility or public improvement; or (d) any term of this Agreement or of any
permit issued to CONTRACTOR by CITY is violated.
(4) Upon removal of any or all shelters, under this Agreement, all material shall
be removed from the site, including, but not by way of limitation, all wires. The site shall
be restored to the condition as it existed prior to installation of the shelter, including
complete restoration of any sidewalk upon which shelter was located. CONTRACTOR
agrees to be responsible for all costs involved in removing the shelter and restoring the
site.
H. Project Manager
CONTRACTOR shall assign to CITY, a Project Manager who shall
coordinate and oversee the services to be provided under this Agreement. The Project
1 "Chronic Vandalism" shall be defined as damages inflicted to an individual shelter
during any six (6) month period which requires cumulative expenditures for replacement
and repair that exceed the original cost of construction and installation of the shelter.
E
-1
Manager shall be available to CITY at all reasonable times. CONTRACTOR has
designated Tony Ingegneri to be its Project Manager.
5. ADMINISTRATION
This Agreement will be administered by the Public Works Department. The
Transportation and Development Services Manager or his/her designee shall be
considered the Project Administrator for this Agreement and shall have the authority to
act for CITY under this Agreement. The Project Administrator or his/her designee shall
represent CITY in all matters pertaining to the services to be rendered pursuant to this
Agreement.
6. INDEPENDENT PARTIES
The Parties to this Agreement intend that the relation between them created
by this Agreement is that of employer- independent contractor. The manner and means of
conducting the work are under the control of the CONTRACTOR, except to the extent
that they are limited by statute, rule or regulation and the express terms of this
Agreement. No Civil Service status or other right of employment will be acquired by virtue
of CONTRACTOR's services. None of the benefits provided by CITY to its employees
including, but not limited to, unemployment insurance, worker's compensation insurance,
retirement and deferred compensation plans, vacation and sick leave, are available from
CITY to CONTRACTOR, its employees or agents. From any fees due CONTRACTOR,
deductions shall not be made for any State or Federal taxes, FICA payments, PERS
payments, or other purposes normally associated with an employer - employee
relationship. Payment of the above items, if required, are the responsibility of
CONTRACTOR.
7. INSURANCE
On or before the commencement of the term of this Agreement,
CONTRACTOR shall furnish CITY with insurance certificates showing the type, amount
and class of operations covered, effective dates and dates of expiration of insurance
policies. Such certificates, which shall not limit CONTRACTOR's indemnification, shall
also contain substantially the following statement: 'The insurance covered by this
certificate will not be canceled or materially altered, except after thirty (30) days written
notice has been received by CITY." All certificates evidencing insurance coverage shall
be filed with the City Risk Manager or designee prior to commencement of the term of this
Agreement.
N
It is agreed that CONTRACTOR shall maintain in force at all times during
the performance of this Agreement, all appropriate policies of insurance, and that said
policies of insurance shall be secured from a company or companies, certified to do
business in the State of California and assigned a Policyholder's Rating A (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's
Key Rating Guide: Prop- Casualtv.
CONTRACTOR shall provide:
A. General Commercial LiabilitNt Insurance
The policy or policies of insurance shall provide coverage for third party
liability risks, bodily injury and property damage in not less than the following minimum
amounts: One Million Dollars ($1,000,000.00) combined single limit per occurrence. If
commercial general liability insurance or other form with a general aggregate is issued,
either the general aggregate shall apply separately to this Agreement or shall be twice the
occurrence limit.
B. Commercial Auto Liability and Property Insurance
The policy shall cover any owned and rented vehicles of CONTRACTOR in
a minimum of One Million Dollars ($1,000,000.00) combined single limit per accident for
bodily injury and property damage.
C. Workers' Compensation Insurance
Worker's compensation insurance shall be carried for its employees in an
amount and with coverage to meet all requirements of the Labor Code of the State of
California and which specifically covers all persons providing services on behalf of
CONTRACTOR and all applicable risks to such persons under this Agreement.
CONTRACTOR shall bear the sole responsibility and liability for furnishing Workers'
Compensation benefits to any person for injuries arising from or connected with services
performed on behalf of CONTRACTOR pursuant to this Agreement.
D. Subrogation Waiver
CONTRACTOR agrees that in the event of loss due to any of the perils for
which it has agreed to provide insurance, that CONTRACTOR shall look solely to its
insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer
providing insurance to either CONTRACTOR or the CITY with respect to the services of
CONTRACTOR herein, a waiver of any right of subrogation which any such insurer of
A
said CONTRACTOR may acquire against CITY by virtue of the payment of any loss
under such insurance.
E. Additional Insured
(1) CITY, its City Council, Boards and Commissions, officers, agents, servants
and employees shall be named as an additional insured on all policies of insurance
required by this Agreement. The naming of an additional insured shall not affect any
recovery to which such additional insured would be entitled under this policy, if not named
as such additional insured and an additional insured named herein, shall not be held
liable for any premium or expense of any nature on this policy or any extension thereof.
(2) Any other insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense . covered by the insurance provided by this
policy. Proceeds from any such policy or policies shall be payable to CITY primarily, and
to CONTRACTOR secondarily, if necessary.
8. HOLD HARMLESS
CONTRACTOR shall indemnify and hold harmless CITY, its City Council,
Boards and Commissions, officers, agents, servants and employees from and against
any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever,
including reasonable attorneys' fees, regardless of the merit or outcome of any such claim
or suit, arising from or in any manner connected to CONTRACTOR's negligent
performance or omission of any services or work conducted pursuant to this Agreement.
CONTRACTOR shall indemnify and hold harmless CITY, its Council,
Boards and Commission, officers, agents, servants and employees from and against any
and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including
reasonable attorneys' fees, accruing or resulting to any and all persons, firms or
corporations furnishing or supplying work, services, materials, equipment or supplies
arising from or in any manner connected to CONTRACTOR's performance of services or
work conducted or performed pursuant to this Agreement.
9. PROHIBITION AGAINST TRANSFERS
A. CONTRACTOR shall not sell, assign, sublease, hypothecate, or transfer
this Agreement or any interest therein directly or indirectly, by operation of law or
otherwise, without the prior written consent of CITY. Any attempt to do so without
consent, shall be null and void, and any assignee, sublessee, hypothecate or transferee
9
shall acquire no right or interest by reason of such attempted assignment, hypothecation
or transfer.
B. The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of CONTRACTOR, or of the interest of any general partner,
joint- venturer, syndicate member or co- tenant, if CONTRACTOR is a partnership or joint -
venturer, syndicate or co- tenancy, which shall result in changing the control of
CONTRACTOR, shall be construed as an assignment of this Agreement. Control means
fifty percent (50 %) or more of the voting power of the corporation, or twenty -five percent
(25 %) or more of the assets.
10. TERMINATION
If CONTRACTOR hereto fails or refuses to perform any of the provisions,
terms and conditions of this Agreement at the time and in the manner required hereunder,
CONTRACTOR shall be deemed in default in the performance of this Agreement. If such
default is not cured within a period of two (2) days after receipt of CONTRACTOR from
CITY of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, CITY may terminate the Agreement forthwith by giving to
CONTRACTOR written notice thereof.
CITY may terminate this Agreement, for any reason, without cause, by
giving sixty (60) days written notice to CONTRACTOR as provided herein. Upon
termination of this Agreement, CONTRACTOR shall pay to CITY that portion of
compensation specified in this Agreement that is earned and unpaid prior to the effective
date of termination.
11. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for
damages by reason of an alleged breach of any provisions of this Agreement, the
prevailing Party shall be entitled to receive from the losing Party all costs and expenses in
such amount as the Court may adjudge to be reasonable attorney fees.
12. COMPLIANCES
CONTRACTOR shall comply with all laws, State or Federal, and all
ordinances, rules and regulations enacted or issued by the CITY.
10
rVIENT
.•.M . 7 REM •
CONTRACTOR represents and agrees that its affiliates, subsidiaries, or
holding companies do not and will not discriminate against any subcontractor, consultant,
employee, or applicant for employment because of race, religion, color, sex, handicap, or
national origin. Such nondiscrimination shall include, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff,
termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
14. WAIVER
A waiver by CITY of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained herein whether of the same or a
different character.
15. RECORDS
CONTRACTOR shall maintain complete and accurate records with respect
to costs, expenses, receipts and other such information required by CITY that relate to
the performance of services under this Agreement.
CONTRACTOR shall maintain adequate records on services provided in
sufficient detail to permit an evaluation of services. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified
and readily accessible. CONTRACTOR shall provide free access to the representatives
of CITY or its designees, at all proper times to such books and records, and give CITY the
right to examine and audit same, and to make transcripts therefrom as necessary, and to
allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be kept separate
from other documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
11
16. NOTICES
All notices, demands, requests or approvals to be given under this
Agreement, shall be given in writing and conclusively shall be deemed served when
delivered personally or on the second business day after the deposit thereof in the United
States mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from CONTRACTOR to CITY
shall be addressed to CITY at:
City Manager
City of Newport Beach
3300 Newport Boulevard
P O Box 1768
Newport Beach, CA 92658 -8915
(714) 644 -3000
All notices, demands, requests, or approvals from CITY to CONTRACTOR
shall be addressed to CONTRACTOR at:
President
Metro Display Advertising, Inc.
15265 Alton Parkway
Irvine, CA 92718
(714) 727 -3333
17. MERGER OF NEGOTIATIONS
This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the Parties hereto and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal agreement
or implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both CITY and
CONTRACTOR. This Agreement supersedes any prior Agreement between CITY and
CONTRACTOR.
12
r
1
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first above written.
CITY OF NEWPORT BEACH
A Municipal Corporation
By
Mayor
APPROVED AS TO FORM:
City Attorney
F:de\agflbustop96.doc
8 -28-96
METRO DISPLAY ADVERTISING, INC.
AC
M
ATTEST:
13
City Clerk
BUS SHELTER LOCATIONS
As of September 1, 1996
1. Coast Highway @ Orange Street (e/b)
2. Coast Highway @ Prospect Street (e/b)
3. Coast Highway @ West Newport Street (e/b)
4. Coast Highway @ Avocado Avenue (w/b)
5. Coast Highway @ Marguerite Avenue (w/b) -no advertising
6. Newport Boulevard @ Hospital Road (n/b)
7. Newport Boulevard @ Hospital Street (n/b)
8. Balboa Pier
9. Balboa Boulevard @ 23rd Street (w/b)
10. Balboa Boulevard @ 32nd Street (w/b)
11. Balboa Boulevard @ River Avenue (w/b)
12. Balboa Boulevard @ 46th Street (e/b)
13. Campus Drive @ MacArthur Boulevard (e/b)
14. MacArthur Boulevard @ Birch (s/b)
15. MacArthur Boulevard @ Bowsprit (s/b)
16. Dover Drive @ Coast Highway (n/b)
17. Dover Drive @ 16th Street (n/b)
18. Newport Center Drive @ Newport Center Drive (s/b)
19. Jamboree Road @ University Drive (n/b)
20. Irvine Avenue @ Mesa Drive (n/b)
21. San Miguel Drive @ Port Ramsey (n /b)
22. San Miguel Drive @ Spyglass Hill Road (n/b)
23. Westcliff Drive @ Irvine Avenue (e/b)
(e/b) means the shelter is for eastbound buses)
EXHIBIT W'
14