HomeMy WebLinkAbout06 - Street Light Banners for the CentennialCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
September 27, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation and Senior Services
Marie Knight, Director
644 -3157 — mknight @city.newport- beach.ca.us
SUBJECT: Street Light Banners for the Centennial
RECOMMENDATION
1. Approve the installation of temporary banners for the Centennial to be placed on 190 street
light poles throughout the City.
2. Waive the provision of Council Policy L -16 that requires the banners to be removed after 30
days and allow the banners to be at these locations throughout the Centennial year.
3. Approve an agreement with Exterior Products, Inc. in the amount of $43,364.46 for the
fabrication and installation of the banners.
DISCUSSION
The Centennial marketing plan and approved marketing budget included a provision for street
light pole banners to be placed throughout the City to promote the Centennial during the
celebration year from October 2005 through October 2006. The Marketing Subcommittee has
approved the attached design and is requesting the approval for their placement in 190
locations. Council Policy L -16 requires that temporary banners such as these be removed after
30 days. The banners themselves are not intended to promote one specific Centennial event,
rather the overall celebration. Therefore, coupled with the investment for the cost of production
and installation, it is also requested that approval be granted to have the banners remain up for
the entire Centennial year in order to serve our purpose and have the most effective and
efficient use of our marketing funds.
Council is also asked to approve the attached Professional Service Agreement with Exterior
Products, Inc. for the fabrication and installation of the banners. The total cost for this service is
$43,364.46. This company has worked with many organizations within the community on the
production of their banners such as the Taste of Newport and the OC Marathon and comes
highly recommended.
Environmental Review: NA
Marie Knight, Recreatioh & Senor Services Director
Attachments: Banner Sample
PSA with Exterior Products, Inc.
Council Policy L -16
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TEMPORARY BANNERS EXTENDING OVER
THE PUBLIC RIGHT -OF -WAY
FINDINGS AND PURPOSE
L -16
Temporary banners and signs pose risks to the public in the form of potential physical
obstructions in or over the right of way and by distracting an individual who otherwise would,
and should, focus on other users. The City Council also finds that, in the absence of the size
and number limits specified in this policy, temporary banners or sign could reduce property
values, adversely impact land uses, and interfere with the recreational objectives of visitors
to the City of Newport Beach. A total prohibition on the installation of temporary banners
and signs is appropriate with the exception of the provisions of this Policy and Chapter 20.67
of the Newport Beach Municipal Code because there are adequate alternative means of
communication for those wishing to engage in commercial or non - commercial speech except
for temporary real estate signs and non - profit groups organizations conducting community
wide events co- sponsored by the City of Newport Beach and open to the general public.
Finally, the City Council has determined that the restrictions contained in this polity and the
provisions of Title 20 of the Newport Beach Municipal Code are the least restrictive means
available to accomplish the public safety, economic and aesthetic objectives of the City
Council.
GENERAL PROVISIONS
Temporary banners and signs shall not be permitted within or over any public street or
pedestrian right of way with the exception of temporary real estate signs as specified in
Chapter 20.67 of the Newport Beach Municipal Code and banners notifying the general public
of a community wide event, open to the general public without charge, conducted by a non-
profit corporation or organization, and co- sponsored by the City of Newport Beach.
Temporary banners and signs shall be installed in strict compliance with the provisions of this
Policy and any conditions imposed on the permit by the Utilities Director.
PERMIT PROCESS
A. Except as provided in Title 20 of the Newport Beach Municipal Code, no person shall install
any temporary banner or sign within any public right of way without first obtaining a
permit issued by the Public Works Department.
B. Applications for a temporary banner permit shall be submitted to the Public Works
Department on a form supplied by the City, and prior to 30 days of planned installation
date.
C. The Utilities Director shall determine if the application complies with the standards
specified in this policy.
D. The Utilities Director shall approve /deny /recommend City Council approval of the
application within five (5) working days.
E. The Utilities Director shall approve the permit if the application conforms with the
standards contained in this policy.
F. The Utilities Director shall deny the permit if the application does not conform to the
standards in this policy and shall give the appIricant written notice of, and the reasons for,
the denial.
G. Permittee shall submit a $300.00 refundable security deposit to be applied to any
damages, repairs to standards or poles not corrected by permittee within 14 days of
banner removal or any special services required by City.
H. The contractor shall agree to indemnify and hold harmless the City of Newport Beach.
I. The contractor shall maintain a minimum of $1,000,000 in liability insurance from a
company with a Best's Key Rating Guide parameter of "A" or better and a financial size
category of "VIII" or higher.
STANDARDS
A. Manner of Installation.
1. Permittee shall install no more than one hundred (100) banners;
2. Banners shall be no more than 2.5 feet wide and 8.0 feet high and approved by the
Utilities Department. Wind load calculations, determined by a registered engineer, will
be required for banners greater than 20 square feet;
3. Banners shall not encroach on or above any portion of a right of way utilized by motor
vehicles;
4. No more than one (1) banner shall be installed on any pole or standard and banners
may not be installed between poles or standards;
5. The banners shall contain only the name of the permittee and the date, time and the
name of the event to be conducted by the permittee;
6. All banner brackets must be mounted at least fourteen (14) feet above the ground
surface; .
7. All banner brackets must be installed using stainless steel band clamps and the
brackets must be sufficiently strong to withstand wind -load generated by ninety (90)
mile per hour winds;
8. Poles or standards must be wrapped with forty five (45) ml thick black rubber sheet or
other pre- approved material under all steel brackets and clamps and no portion of any
bracket shall be in direct contact with the surface of any street light pole or standard.
In addition, all street light pole(s) being used must be inspected and approved by the
Utilities Department;
9. Banners shall be installed only at locations specified on the permit;
10. Permittee shall install and remove banners in strict compliance with the traffic control,
signage and warning device criteria specified in the WATCH handbook and /or the
Caltrans manual of traffic control; and
11.If more than one permittee requests the use of the same street light pole(s) at the
same time, the City may require removal of some of the banners to allow other
organizations to install banners authorized under City policies.
B. Time of Installation.
1. Permittee shall contact the City Electrician of the Utilities Department of the City of
Newport Beach at least forty eight (48) hours prior to the installation of any banner
pursuant to the permit;
2. All banners and supporting material shall be removed within thirty (30) days after the
date of installation;
3. Banners may be installed only between September 1 and May 31.
C. Place of Installation.
1. Banners shall only be installed on City owned poles and standards;
2. Banners shall not be installed on any pole or standard which could create sight distance
problems for pedestrian or vehicular traffic;
3. Banners shall not be installed on poles or standards in any residential district.
4. Banners shall only be installed at the approved locations indicated on the plan
submitted with the banner application.
Adopted - January 24, 1994
Amended - February 26, 1996
Amended - February 24, 1997
Amended - May 8, 2001
Amended - April 8, 2003
Formerly M -4
PROFESSIONAL SERVICES AGREEMENT WITH
EXTERIOR PRODUCTS, INC.,
FOR INSTALLATION AND REMOVAL OF LIGHT POLE BANNERS
FOR THE CITY OF NEWPORT BEACH'S CENTENNIAL
THIS AGREEMENT is made and entered into as of this day of September, 2005,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "),
and EXTERIOR PRODUCTS, INC., a California corporation whose address is 25792
Prairestone, Laguna Hills, California, 92653 ( "Contractor"), and is made with reference
tb the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
the City of Newport Beach.
B. City is planning to install 190 Centennial banners with temporary brackets on
City light poles to celebrate its upcoming 100 -year Centennial in 2006.
C. City desires to engage Contractor to purchase, install and remove the banners.
The banners will be 24" wide and 72" long, 4 CP Screen Print, and include
printing on both front and back. They will be displayed over a 10.5 -month
period, from October 15, 2005 to August 30, 2006 ( "Project ").
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Contractor for purposes of Project, shall be Jeff
Rovinsky.
F. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of September, 2006, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion according to the schedule outlined
in this Paragraph. The failure by Contractor to perform the services according to
this schedule may result in termination of this Agreement by City, and
assessment of damages against Contractor.
Schedule for Performance: Contractor must install all 190 banners by October
15, 2005. The banners must be removed by August 30, 2006.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference. Contractor's
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subcontractor fees, shall not exceed Forty -
Three Thousand, Three Hundred Sixty -Four and 461100 Dollars ($43,364.46)
without additional authorization from City. No changes shall be made during the
term of this Agreement without the prior written approval of City.
4.1 Contractor shall be paid on the following schedule:
Upon execution of this Agreement and receipt of all evidence of
insurance required hereunder, Contractor shall receive a deposit of
Twenty -Three Thousand, Seventy -One Dollars and 961100
($23,071.96), which shall be used to purchase the banners and
equipment as described in the Scope of Work.
Following the satisfactory completion of installation of all 190
banners by the deadline of October 15, 2005, Contractor shall be
entitled to receive the additional sum of Fifteen Thousand Dollars
($15,000.00).
• Following the satisfactory removal of all banners by the deadline of
August 30, 2006, Contractor shall be entitled to receive the
additional sum of Five Thousand Two Hundred and Ninety -Two
Dollars and 501100 ($5,292.50).
4.2 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement.
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PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Jeff Rovinsky to
be its Project Manager. Contractor shall not remove or reassign the Project
Manager or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld
with respect to the removal or assignment of non -key personnel.
Contractor, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Recreation and Senior Services
Department. Marie Knight shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or
his /her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Contractor in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Contractor's
work schedule.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Contractor or under Contractors
supervision. Contractor represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Contractor represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Contractor to practice its profession.
Contractor further represents and warrants to City that Contractor shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Contractor's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims'), which may
arise from or in any manner relate (directly or indirectly) to any work performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and /or design defects [if the design originated with
Contractor]) or Contractor's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Contractor,
its principals, officers, agents, employees, vendors, suppliers, Contractors,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Contractor.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the work are under the control of Contractor, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Contractor or any of Contractors employees or agents, to be the agents or
employees of City. Contractor shall have the responsibility for and control over
the means of performing the work, provided that Contractor is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Contractor as to the details of the performance or to
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exercise a measure of control over Contractor shall mean only that Contractor
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of work, Contractor shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptab /e Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
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D. Coverage Requirements.
L Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change (10 day written notice
for nonpayment of premium). The insurer shall agree to waive all
rights of subrogation against City, its officers, agents, employees
and volunteers for losses arising from work performed by
Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Contractor.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Contractor's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City (10 day written notice for nonpayment of
premium).
F. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Contractor's performance under this Agreement.
G. Additional Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: 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 or joint venturer or syndicate member or
cotenant if Contractor is a partnership or joint - venture or syndicate or cotenancy,
which shall result in changing the control of Contractor. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Contractor. Assignments of any or all rights, duties or obligations of the
Contractor under this Agreement will be permitted only with the express written
consent of City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Contractor, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Contractor or any other party. Contractor shall, at Contractor's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Contractor
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Contractor will be at City's sole risk and without liability to
Contractor. Further, any and all liability arising out of changes made to
Contractor's deliverables under this Agreement by City or persons other than
Contractor is waived against Contractor and City assumes full responsibility for
such changes unless City has given Contractor prior notice and has received
from Contractor written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. RECORDS
Contractor shall keep records and invoices in connection with the work to be
performed under this Agreement. Contractor shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Contractor shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Contractor under this
Agreement.
20. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Contractor shall not discontinue work as a result of such withholding. Contractor
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Contractor shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
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investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Contractor, the additional design, construction and /or
restoration expense shall be bome by Contractor. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the
Project.
CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and
termination of this Agreement by City. Contracto r
harmless City for any and all claims for damages
violation of this Section.
NOTICES
is grounds for immediate
shall indemnify and hold
resulting from Contractor's
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Contractor and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Contractor to City shall be addressed to City at:
Attn: Marie Knight
Recreation and Senior Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3157
Fax: 949 - 644 -3155
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Jeff Rovinsky
Exterior Products, Inc.
25792 Prairestone
Laguna Hills, CA 92653
Phone: 949 - 305 -3502
Fax: 949 - 831 -6375
25. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Contractor. In the event of
termination under this Section, City shall pay Contractor for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all banners, equipment and materials purchased
or accumulated in the performance of this Agreement.
26. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
27. WAIVER
A waiver by either party 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.
28. INTEGRATED CONTRACT
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 herein.
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29. CONFLICTS OR INCONSISTENCIES
In the event these are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
30. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City
Attorney.
31. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
32. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
33. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
[SIGNATURES ON FOLLOWING PAGE]
11
APPROVED AS TO FORM:
Aaron C. Harp
Assistant City Attorney
ATTEST:
0
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
John Heffernan, Mayor
for the City of Newport Beach
CONTRACTOR:
EXTERIOR PRODUCTS, INC.
0
(Corporate Officer)
Print Name:
0
(Corporate Financial Officer)
Print Name:
Attachment: Exhibit A — Scope of Services
F: %USERS \PBW\Shared\Agreements \FY 05 -06 \Exterior Products - Centennial Banners.doc
12
ESTIMATE 000436 Date: 08/25/05
FI7FRIOR PRODUCTS, 17VC
25792 Prairestone
Laguna Bib CA 926553
Start Shin Date'
TBD
(949) 305-3502 phone
Shinning Via:
Local Install
(949) 831-6375 fax
Ren ro.
JR
email: exteriorproducts @cox.net
Terms:
Upon Receipt
website: www.extenorproducts.net
Special:
Removal Date TBD
Fed Ta ID82- 0588578
Please sign this estimate and fax to
47500
(949) 831-6375 to indicate your approval.
Bill TO:
Seto:
Deposit
NBioo
Remainder
2101 15th St #1
City of Newport Beach, CA
Newport Beach 0492663
contact Lisa Gorbaty
contact Lisa Gorbaty
Phone 949.650.4056
phone 949.650.4056
fax
e-mail: GorbawLOus.tbm.com
Qumftdy Description
Unit Price Fstended
190 Labor Install/ Removal light Pole Banner -I per pole 55.00 IOA50.00
Install Temporary brackets w/ Adj. bands;
includes maintenance for duration of install
190 Brackets Bracket Rental,- New Brackets and New worm drive bands 65.00 12,350.00
190 Banners 24" wide x 72" long; 4 Cr Screen Print (not digital) 91.50 17,385.00
one design; print front and back, 4" top and bottom pole sleeves,
grommets top/bottom, double threadlok stitch
I labor Maps and submission of paperwork to Public Works 400.00 400.00
Permit costs and encroachment permits are paid for by City
New Brackets and straps to be used for the event
__-�pfypedod estimate at io -n months
Subtotal
40,585.00
.
Tax
2,304.46
Fed Ta ID82- 0588578
Freight
47500
Total
F--$43,36+46
Title
Deposit
23,071.96
Remainder
20,292.50
Seller Signature: Jeff "JR "Rovinsky E.y_
Title: Principal
This contract shalt be construed and governedin accordance with the laws of the State of CA.
:lot a Partnership or Joint Venture.
i =d d 1. ncutnl h'
zasouablaaxfl xfl - d- f:... Contractor not responsible for vandalism orAots of God
u.:
W,