HomeMy WebLinkAbout6/17/2009 - STAFF REPORTS - 2.M. aO�ppL�SA4
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F09LI4 City Council Staff Report
Date: June 17, 2009 CONSENT CALENDAR
Subject: SUNLINE BUS SHELTERS
From: David H. Ready, City Manager
Initiated by: Public works and Engineering Department
SUMMARY
This item recommends an approval of an agreement between the City of Palm
Springs and SunLine Transit Agency concerning advertising, installation and
maintenance related to SunLine Bus Shelters.
RECOMMENDATION:
1) Approve Agreement No. with SunLine Transit Agency for a term
of 5 years.
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Currently there are 35 bus shelters in Palm Springs. About half were constructed
as condition of development and required (in most cases) to architecturally match
the proposed development. The remainder are generic shelters matching
SunLine's Standards in place at the time of installation. Twenty two new shelters
are scheduled for installation in Palm Springs in 2009.
Previously City Council reviewed a proposal from SunLine regarding proposed
bus shelter locations and details. Council requested they change the color of the
bus shelter and asked for staff to review the proposed locations. Staff has
reviewed the proposed locations and find them consistent with previous SunLine
actions. The attachments indicate the new color of the proposed bus shelters.
SunLine is now attempting to get all cities to execute agreements with them
which will cover not only installation and maintenance of the bus shelters, but will
provide dollars to the cities for the advertising. The proposed agreement will
provide $25.00 per month per paid panel to the city from advertising revenue.
Each shelter has 1 or 2 panels. In addition the agreement has a clause that
provides that the City of Palm Springs will receive funds equivalent to those
received under any other agreement with a Coachella Valley city effective duri
the life of this proposed agreement. Item No. • •
FISCAL IMPACT
City will receive $25.00 per month per paid panel from advertising revenue for all
bus shelters within the public right of way. Currently there are 35 bus shelters in
Palm Springs with 22 additional being placed by SunLine this year.
r/ ✓L� 'r'
David J. Barakian Thomas J. Wi, on
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City r
ATTACHMENTS:
1. Bus shelter photos
2. Agreement
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AGREEMENT BETWEEN CITY OF PALM SPRINGS
AND SUNLINE TRANSIT AGENCY CONCERNING ADVERTISING INSTALLATION
AND MAINTENANCE RELATED TO BUS SHELTERS
This Agreement is made and entered into this day of 2009,
by and between SunLine Transit Agency ("SunLine"), a California joint powers authority and the
City of Palm Springs ("City"), a California municipal corporation.
SunLine is a government entity composed of and represented by the County of
Riverside and the cities of Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage,
Palm Desert, Indian Wells, La Quinta, Indio, and Coachella. The Board of Directors of SunLine
is composed of one elected official from each of its member entities.
SunLine is the public transit provider for the City which enables both its citizens and
visitors to enjoy a safe, reliable, nonpolluting mode of public transportation. SunLine's
installation and maintenance of bus shelters in the City provides great benefit to citizens and
visitors alike by providing clean sheltered places for travelers to wait for public transportation
services. The placement of shelters within the City also provides an amenity of great benefit to
the elderly and to senior citizens within the City.
SunLine owns certain advertising bus shelters within the City and wishes to provide for
continued advertising in such shelters.
Revenue from advertising enables SunLine to install new additional shelters as a transit
amenity at no cost to the public. Advertising revenue also pays for maintenance of shelters and
for additional transit services at no cost to the public.
SunLine and City are now desirous of entering into an agreement with regard to the
placement of present and future shelters and to provide for continued advertising in such
shelters.
NOW, THEREFORE, the parties hereto agree as follows:
I
GENERALTERMS
1.01 City hereby grants SunLine the exclusive right to place advertising associated
with bus shelters placed by SunLine within the public right of way within the City's jurisdiction.
In exercising the exclusive right granted it under this Agreement, SunLine shall ensure that the
following standards and requirements are met:
(a) Shelter designs meet and comply with all applicable SunLine design
requirements and City building codes, zoning ordinances, vehicular code ordinances and
regulations, and all other applicable City resolutions, ordinances, and codes;
AdvertisingContractPS-Revise4sunline-I.doc 1
(b) All City design criteria and approvals have been obtained; and,
(c) Adequate easements, encroachment permits, licenses, and/or rights-of-
way have been obtained.
1.02 The City shall waive all permit and/or license fees imposed by or on behalf of the
City that may pertain to SunLine's installation and operation of the bus shelters within its
jurisdiction.
1.03 In consideration for the grant of the exclusive rights referred to in paragraph 1.01
above, SunLine shall continue to clean and maintain all bus shelters as well as the area within a
25 foot radius of each shelter. In addition, SunLine will remove or cause the removal of all
graffiti appearing on any shelter within the City in an expeditious manner.
1.04 In the event that the City has any problems or questions related to advertising
placed on the bus shelters within its jurisdiction, it shall contact SunLine. In any such case,
SunLine shall endeavor to secure a prompt resolution of any issue within its legal power to
resolve. City acknowledges and recognizes that certain limits may arise in connection with
SunLine's ability to regulate the content of advertising, particularly those limits arising under the
First Amendment to the United States Constitution and the California Constitution. Within such
limits, SunLine will endeavor to correct or address any problem that the City might have with
advertising placed in bus shelters within its jurisdiction in an expeditious manner.
II
COMPENSATION
2.01 For each shelter that displays paid advertising, SunLine shall pay to City the sum
of $25 per month per paid panel from advertising revenue for use of the public right of way.
Payments are due quarterly, with payments due within 45 days of the close of the preceding
quarter. The above amount shall be adjusted such that it is at least equivalent to that received
under any other agreement with a Coachella Valley City during the life of this agreement.
III
DURATION
3.01 The term of this Agreement shall be for a period of five (5) years. SunLine shall
provide written notice to City no less than 30 days prior to the expiration of this agreement if it
wishes to apply for an extension of the term or any modification of said agreement. City shall
have the right to terminate this agreement at any time during the term of the Agreement upon 30
days advance notice to SunLine, with or without cause.
IV
INSURANCE
AdvertisingContraci:PS-Revise4sunhne-I.doc 2
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V
SPECIAL PROVISIONS
5.01 It is Sunt-ine's intent to illuminate all shelters during hours of darkness whenever
possible and SunLine agrees to utilize its best efforts to accomplish illumination. However, the
City acknowledges that illumination is not always feasible and agrees that SunLine is excused
from providing illumination in such cases. If shelters are equipped with pay telephones, such
phones shall be capable of access to emergency lines (911) without first depositing a coin or
coins. If in the City's opinion, any particular telephone creates a problem in any respect, the
City shall have the right to order restricted use or removal of the telephone from a particular
shelter. The City recognizes that GTE or other telephone vendor has the right to remove
phones for business reasons, or to decline to install service at certain locations. SunLine and
the City shall jointly approve the placement of any vending machines in any shelter in the City.
No vending machine will be placed without the approval of both City and SunLine.
5.02 SunLine shall, upon at least 30 days' written notice, provide for the relocation or
removal of any shelter at any time the City requires use of the right of way upon which any
shelter is situated, whether for street or sidewalk realignment, street, highway, or utility line
repairs, or for any other lawful purpose, and whether such removal or relocation is temporary or
permanent. Upon a determination by the City that urgency dictates removal in a shorter period
of time, SunLine shall act within ten (10) days to cause removal of the shelter if reasonably
feasible.
5.03 City shall ensure that the cost of removal or relocation of shelters within the right
of way is included in the budget of projects where such removal or relocation is required. In any
case where the cost is included, SunLine shall be reimbursed for relocation or removal costs
referenced in paragraph 5.02. In any case where the cost has not been budgeted, SunLine and
the City shall negotiate and endeavor to agree upon an arrangement to share in the cost of
removal or replacement of any shelter as provided under paragraph 5.02.
5.04 The City reserves the right to require conformity with design review standards,
including site plan review showing actual physical locations with setbacks, sidewalk space
remaining, adequate distances from corners and from driveways. All such features must be
satisfactory to the City and to SunLine and shall be in compliance with the Americans with
Disabilities Act ("ADA") and with Federal Transit Administration ("FTA") requirements. SunLine
shall provide an adequate cement pad under shelters. Within the limits imposed by the FTA
and the ADA, the City shall have the right to approve or deny approval to any particular design
as to its specific site plan and location, including the right to specify a particular design for a
specific location.
5.05 The parties acknowledge and agree that ADA and FTA requirements as to the
configuration and approach to newly installed bus shelters may be extremely costly, depending
upon the existing condition of the planned location and the adjoining or existing access features.
In the event that the City requests placement of a bus shelter in an area that requires
substantial expenditures in order to comply with the ADA and with FTA requirements, the City
will be requested by SunLine to bear all or a major portion of the costs of installation. The
parties shall cooperate in placement of shelters and in the negotiation of costs required to
accommodate ADA and FTA requirements.
AdvenisingContractPS-Revise4sunline-1.doc 3 L C
VI
MISCELLANEOUS PROVISIONS
6.01 Attorneys' Fees
In any dispute between the parties resulting in litigation, the prevailing party shall
be entitled to recover from the other party all reasonable costs, including, without limitation,
reasonable attorneys' fees. "Prevailing party" shall include, without limitation, a party which
dismisses an action for recovery in exchange for sums allegedly due, or in exchange for
performance for covenants allegedly breached, or in exchange for considerations substantially
equal to the relief sought in the action, or which receives, in connection with any dispute,
performance from the other party substantially equivalent to any of these.
6.02 Entire Agreement
This Agreement contains the entire agreement of the parties relating to the rights
granted and the obligations assumed herein. Any oral representations or modifications
concerning this instrument shall have no force or effect unless contained in a subsequent
written modification signed by the parties.
6.03 Indemnity
SunLine shall indemnify, defend, and hold harmless the City, and its elected
officials, officers, employees, agents, and representatives, against all liability, demands, claims,
costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties,
attorney fees, expert witness fees, costs, and expenses) incurred by the City, known or unknown,
contingent or other wise, directly or indirectly arising from or related to any suit, action or claim that
may arise from SunLine's performance under this Agreement.
The City shall indemnify, defend, and hold harmless SunLine, and its board of
directors, officers, employees, agents, and representatives, against all liability, demands, claims,
costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties,
attorney fees, expert witness fees, costs, and expenses) incurred by SunLine, known or unknown,
contingent or other wise, directly or indirectly arising from or related to any suit, action or claim that
may arise from City's performance under this Agreement.
6.04 Counterparts
This Agreement may be executed in counterparts, which shall be treated as
originals in all respects.
6.05 This Agreement is entered into at Indio, Riverside County, California.
6.06 This Agreement shall not be construed in any way to create a partnership or joint
venture in any respect between SunLine and the City, or between City and any contractor of
SunLine or any of SunLine's remaining member entities. SunLine is acting purely as an
independent contractor and not as an officer, agent, partner, joint venturer and/or employee of
City.
AdvertisingContraotPS-Revise4sunline-1.doc 4
6.07 Notices
Any notices given under this Agreement shall be in writing and shall be served
either personally or delivered by U.S. Mail, postage prepaid, registered or certified mail, return
receipt requested. Notices shall be deemed received at the earlier of actual receipt or three
days following deposit in U.S. Mail, postage prepaid. Unless otherwise specified, time limits
based upon notice shall be computed from the date of mailing. Notices shall be directed to the
following addresses:
C. Mikel Oglesby
General Manager
SunLine Transit Agency
32-505 Harry Oliver Trail
Thousand Palms, CA 92276
David Ready
City Manager
City of Palm Springs
3200 E. Tahquitz Cyn. Way
Palm Springs, CA 92262
Either party may change its address for notice purposes by giving notice to the
other in accordance with Section 6.03, provided that the address change will not be effective
until 10 days after notice of the change.
6.08 Non-Assignment
Neither SunLine nor City shall assign or otherwise transfer their rights and
obligations under this Agreement without prior written consent of the other. Any such
assignment without consent shall be void.
6.09 Headings
The title and headings of the various sections of this Agreement are intended
solely for convenience of reference and are not intended to explain, modify, or alter the terms of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date
first written above.
SUNLINE TRANSIT AGENCY
DATED: By
C. Mikel Oglesby
General Manager, SunLine Transit
Agency
APPROVED AS TO FORM:
By
David Erwin
General Counsel for
SunLine Transit Agency
AdvertisingContractPS-Revise4sunline-1.doc 5 �
CITY OF PALM SPRINGS
DATED: By
Steven Pougnet
Mayor of the City of Palm Springs
ATTEST:
By
City Clerk
AdvertisingContractPS-Revise4sunline-1.doc 6 r
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