HomeMy WebLinkAbout2006-03-15 STAFF REPORTS 2G 4�pALM Sp4
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cg4�FORN�P CITY COUNCIL STAFF REPORT
(DATE: March 15, 2006 CONSENT CALENDAR
SUBJECT: AMENDMENT NO. 2 TO AGREEMENT NO. A3865 WITH THE BUILDING
INDUSTRY ASSOCIATION
IFROM: David H. Ready, City Manager
BY: Planning Department
SUMMARY
'The Building Industry Association / Desert Chapter (BIA) requests the City Council
approve a second four-year extension (to March 31, 2010) to the agreement for
installing and maintaining off-site directional real estate signs. An amendment to the
agreement is also proposed to expedite the internal City review process.
(RECOMMENDATION:
1) Adopt Minute Order No. , Approving Amendment No. 2 to Agreement No.
A3865 with the Building Industry Association extending the contract term and amending
the definition of "Contract Officer", and 2) Authorize the City Manager to execute all
necessary documents. A3865.
STAFF ANALYSIS
On October 15, 1997, the City Council approved an agreement with the Building Industry
Association to install and maintain off-site directional real estate signs throughout the City.
'The signs are of a uniform design and the program provides for a coordinated look of real
estate advertising in lieu of a proliferation of signs installed by individual developers.
(California state law allows individual real estate signs anywhere in the City on private
property.)
'The BIA has worked with major project developers to provide this coordinated advertising
effort, and staff believes that the program is a significant improvement over the alterative
allowed by state law. The signs are placed in the public right-of-way — usually next to
sidewalks along major streets — but only after review by the Public Works department to
avoid any line-of-sight, access or other safety problems. Placement is also allowed on Item No. 2 . n .
City Council Staff Report
February 15, 2006 -- Page 2
15.1098—General Plan Amendment—R-C Designation
private property, subject to advance written approval by the owner.
On April 3, 2002, the City extended the agreement to March 31, 2006. In their current
request, the BIA has requested a four-year extension through March 31, 2010. They
have also requested an amendment to add the following wording immediately following
the first sentence of paragraph 3.2:
The Contract Officer may delegate the responsibility to approve structure
placement.
The purpose of this amendment is to expedite the processing of individual sign
installations. Since individual signs are reviewed by the Public Works department for
safety issues, this amendment would allow the BIA to receive sign-off by the Public Works
department without an additional layer of review by the Planning Director. Staff has no
objection to this amendment, as the sign's overall design and placement parameters are
already established by the agreement.
FISCAL IMPACT: IFinance Director Review:
No fiscal impact.
I . Evy ng, AI Dir. of Ping Svcs Tom J. Wilso sst. City Manager,
O Dev't Svcs
David H. Ready, City Mai er
Attachments:
1. Draft Minute Order and Contract Amendment
2. Correspondence from the Building Industry Association (Feb. 1, 2006)
3. E-mail from BIA (Mar. 2, 2006)
4. City Council Staff Report and Exhibits (April, 3, 2002)
5. Contract Services Agreement for the Installation and Maintenance of Off-
site Directional Sign Kiosks (Oct. 15, 1997)
MINUTE ORDER NO.
AMENDMENT NO. 2 TO AGREEMENT NO. 3865 FOR
CONTRACT SERVICES AGREEMENT FOR THE INSTALLATION AND
MAINTENANCE OF OFF-SITE DIRECTIONAL SIGN KIOSKS WITH
THE BUILDING INDUSTRY ASSOCIATION / DESERT CHAPTER
I HEREBY CERTIFY that this Minute Order, approving Amendment No. 2 extending the
contract term and amending the definition of "Contract Officer" was adopted by the city
Council of the City of Palm Springs, California, in a meeting thereof held on 15th of
March, 2006.
JAY THOMPSON
City Clerk
SECOND AMENDMENT TO CONTRACT SERVICES
AGREEMENT FOR THE INSTALLATION AND
MAINTENANCE OF OFF-SITE
DIRECTIONAL SIGN KIOSKS WITH THE
BUILDING INDUSTRY ASSOCIATION/DESERT CHAPTER
This Second Amendment to the Contract Services Agreement with the Building Industry
Association / Desert Chapter is made and entered into this 15°i day of March, 2006, by and
between the CITY OF PALM SPRINGS, a municipal corporation ("City") and BUILDING
INDUSTRY ASSOCIATION, DESERT CHAPTER, ("Contractor") and amends that certain
"Contract Services Agreement for the Installation and Maintenance of Off-site Directional Sign
Kiosks (the "Amended Agreement") dated October 15, 1997 between the parties
RECITALS
A. On October 15, 1997, the City Council approved an agreement with the Building Industry
Association / Desert Chapter (BIA) to install and maintain off-site directional real estate
signs throughout the City.
B. The BIA has worked with major project developers to provide this coordinated
advertising effort.
C. The program is a significant improvement over the alterative allowed by state law by
providing a coordinated look of real estate advertising in lieu of a proliferation of signs
installed by individual developers.
D. On April 3, 2002, the City extended the agreement to March 31, 2006.
E. On February 1, 2006, the BIA submitted a request to extend the agreement for four more
years and requested an amendment to expedite the approval of individual sign
installations.
J'^ "
F. The proposed amendment is Categorically Exempt under Section 15303 — New
Construction or Conversion of Small Structures of the California Environmental Quality
Act.
AGREEMENT
The Agreement is hereby amended as follows:
1. Section 3.2 "Contract Officer" shall be amended to read as follows:
3.2 Contract Officer. The Director of Planning Services is hereby designated as being the
representative the City authorizes to act in its behalf with respect to the work and services
specified herein and make all decisions in connection therewith ("Contract Officer").
The Contract Officer may delegate the responsibility to approve structure placement.
The City Manager of City shall have the right to designate another Contract Officer by
providing written notice to Contractor.
2. Section 5.1 "Term" shall be amended to read as follows:
5.1 Term. Unless earlier terminated in accordance with Section 5.3 below, this
agreement shall continue in full force and effect from the date of execution through
March 31, 2010.
IN WITNESS WHEREOF, the parties hereto executed this Second Amendment to be effective
as of the date first written above.
CITY OF PALM SPRINGS
A municipal corporation
By.
City Manager � �
ATTEST:
City Clerk
APPROVED AS TO FORM: BUILDING INDUSTRY ASSOCIATION,
DESERT CHAPTER
City Attorney Name: Ed Kibbey
Title: Executive Director
i
Feb 14 06 03: 16p Lisa LaBonte 760-200-2371 p. 1
February 1,2006
Mr. David Ready
City Manager
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs,CA 92262
Dear Dave:
One of your fine staff was good enough to remind me that we need to renew the authority for our
directional sign program in your city.
Over the years of the agreement,we have developed a directional sign program that has
successfully served both the city and our builders. About the only area that we have experienced
some difficulty is the approval process. The agreement assigns the Director of Planning and
Building as the contract officer and he is very busy and often not able to react in a timely manner
to our requests. It would be appreciated if the language in the agreement could be changed to
allow the Director to delegate the responsibility to someone in the Public Works Department.
We believe that the Directional Sign Program Kiosks have been a success in Palm Springs and
respectfully request that Agreement No.3865 for contract services agreement for the installation
and maintenance of Offsite Directional Sign Kiosks with the Building Industry Association be
amended to continue for another four years.
Respectfully,
Ed Kibbey
Executive Director
cc: Lisa LaB(o�nttee,,Sign Program Manager
Page 1 of 1
Craig Ewing
From: Ed Kibbey [ed.kibbey@desertchapter.comj
Sent: Thursday, March 02, 2006 2:39 PM
To: craige@ci.palm-springs.ca.us
Cc: 'Lisa LaBonte'
Subject: Sign Agreement
You have asked if we would provide suggested wording to modify paragraph 3,2, Contract Officer, of the Contract
Services Agreement For The Installation and Maintenance of Off-Site Directional Sign Kiosks. We would suggest
you add the following wording immediately following the first sentence of paragraph 3.2:
The contract officer may delegate the responsibility to approve structure placement.
Ed Kibbey
Executive Director
BIA Desert Chapter
' 3/6/2006
DATE: April 03, 2002
TO: City Council
FROM: Director of Planning & Building
SUBJECT: CONTRACT SERVICES AGREEMENT FOR THE INSTALLATION AND
MAINTENANCE OF OFFSITE DIRECTIONAL SIGNS WITH BUILDING
INDUSTRY ASSOCIATION.
RECOMMENDATION:
Thatthe City Council approve Amendment No.1 extending the contractfcur years to March
31, 2006.
SUMMARY:
This program provides offsite directional signs for new housing developments. Thecontract
expires on March 31, 2002.
BACKGROUND:
On October 15, 1997,the City Council approved the subject agreement. The program has
been ongoing and has provided travel directions to new housing developments or public
facilities, To date,the program has operated effectively and only a few concerns have been
noted. Several property owners have questioned placement of signs within public right-of-
way near, or adjacent to, property. In most instances, sign placement was adjusted in
response to known concerns.
Residential housing activity is a leading component of the City's new development and a
numberof proposed and approved new housing developments will benefitfrom the extensin
of this agreement.
jz ��6-12. oc,��
Dirbctor of P nning and Building
City Manager
ATTACHMENTS:
1. February 19, 2002 letter from BIA
Existing gnt -No.1
3. AmendmentNo.1TD,��
4. Minute Order
BIA
Desert Chapter
Y qG Building Lrduslry Aw wiatiou
of Southern California
77-570 Springfield Lane
1 ' V Suite E
Palm Iharrl,Cahror=9221'1
February 19,2002 )/v 5 R 760 360 2470
/1 fax 760.772.3372
Mr. David Ready
City Manager
City of Palm Springs 1 I
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr.Ready:
As you may be aware,Building Industry Association of Southern California Desert Chapter has a
Contract Services Agreement for the Installation and Maintenance of Off-site Directional Sign
Kiosks with the City of Palm Springs. Section 5.1 of the Agreement calls for termination of the
Agreement on March 31,2002.
Over the four year period of the agreement,Desert Chapter has permitted a number of signs
throughout the city and we believe that city staff has been happy with the way the Kiosk Sign
Program has been carried out.
Since residential building continues in the city, it is respectfully requested that our Contract
Services Agree be renewed for four years.
pect
bey G[
Executive Director
I L
CITY OF PALM SPRINGS M1
FNGINEE"ING
t
An Afliliale of fhc Nntianal Asaocia6.,a od 11.,,m BA,[ .and the Gdifovnin Ruilding Induary Aesoriation
AMENDMENT NO. 1 TO AGREEMENT NO.3865 FOR
CONTRACT SERVICES AGREEMENT FOR THE
INSTALLATION AND MAINTENANCE OF OFFSITE
DIRECTIONAL SIGN KIOSKS WITH THE BUILDING
INDUSTRY ASSOCIATION.
Section 5.0, Subsection 5.1 Term is amended as follows:
Unless earlier terminated in accordance with Section 5.2 below, this agreement shall
continue in full force and effect from the date of execution through March 31, 2006.
MINUTE ORDER NO.
AMENDMENT NO. 1 TO AGREEMENT NO.3865 FOR
CONTRACT SERVICES AGREEMENT FOR THE
INSTALLATION AND MAINTENANCE OF OFFSITE
DIRECTIONAL SIGN KIOSKS WITH THE BUILDING
INDUSTRY ASSOCIATION.
I HEREBY CERTIFY that this Minute Order, approving Amendment No. 1 extending the
contract services agreement forthe installation and maintenance of offsite directional sign
kiosks with the Building Industry Association was adopted by the City Council of the City
of Palm Springs, California, in a meeting thereof held on the 20'of March, 2002.
PATRICIA A. SANDERS
City Clerk
Building Industry Assoc. of So.
s : 4alifornia, Desert Chapter
ff-site Direct. Sign Kiosks
AGREEMENT #3865
M06041, 10-15-97
F CITY OF PALM SPRINGS — - - -
CONTRACT SERVICES AGREEMENT FOR
THE INSTALLATION AND MAINTENANCE OF OFF-SITE
DIRECTIONAL SIGN KIOSKS
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made
and entered into this /-� day Of , 19-?_2
by and between the CITY OF PALM SPRINGS, a munioipal corporation
(herein "City") and the BUILDING INDUSTRY ASSOCIATION OF SOUTHERN
CALIFORNIA, INC. , DESERT CHAPTER, a non-profit association (herein
"Contractor") .
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1. 1 Scope of Services. in compliance with' all of the
terms and conditions of this Agreement, the Contractor shall
perform the work or services set forth in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by
reference. contractor warrants that all work and services set
forth in the Scope of Services will be performed in a competent,
professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered
hereunder shall be provided in accordance with all ordinances,
resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in
effect at the time service is rendered.
1.3 Licenses, Permits, Fees and Assessments. Contractor
shall obtain at its sole cost: and expense such licenses, petmits
and approvals as may be required by law for the performance of the
services required by this Agreement.
2 . 0 COMPENSATION
2 . 1 No Compensation from City. For the services
rendered pursuant to this Agreement, Contractor shall receive no
compensation from the City. Installation and maintenance of sign
kiosks under this Agreement shall be funded solely from fees to be
charged and collected by Contractor from housing community
advertisers.
3. 0 COORDINATION OF WORK -
3 . 1 Representative of Contractor. The Executive
Director, Building industry Association of Southern California,
Desert chapter, is hereby designated as being the principal and
582/0.14084-000I/3052794.4 .09129/97 RI^MA Df; 7
C�_ li i1,11l. . �
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representative of Contractor authorized to act in its behalf with
respect to the work and services specified herein and make all
decisions in connection therewith.
3.2 Contract Officer. The Director of Planning and
Building is hereby designated as being the representative the City
authorized to act in its behalf with respect to the work and
services specified herein and make all decisions in connection
therewith ("Contract Officer") . The City Manager of City shall
have the right to designate another Contract officer by providing
written notice to Contractor.
3.3 Prohibition Against Subcontracting or Assignment.
Contractor shall not contract with any entity to perform in whole
or in part the work or services required hereunder without the
express written approval of the City. Neither this Agreement nor
any interest herein may be assigned or transferred, voluntarily or
by operation of law, without the prior written approval of City.
Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of
its employees shall have any control over the manner, mode or means
by which Contractor, its agents or employees, perform the services
required herein, except as otherwise set forth. contractor shall
perform all services required herein as an independent contractor
of City and shall remain under only such obligations as are
consistent with that role. Contractor shall not at any time or in
any manner represent that it or any of its agents or employees are
agents or employees of City.
4.0 INSURANCE AND INDEMNIFICATION
4.1 Insurance. The Contractor shall procure and
maintain, at its sole cost and expense, in a form and content
satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of
insurance:
(a) Comprehensive General Liability Insurance. A
policy of comprehensive general liability insurance written on
a per occurrence basis in an amount not less than either (i)
a combined single limit of $500,000.00 or (ii) bodily injury
limits of $250,000.00 per person, $500,000.00 per occurrence
and $500,000.00 products and completed operations and property
damage limits of $100,000. 0O per occurrence and $100,000. 00 in
the aggregate.
(b) Worker's Compensation Insurance. A policy of.
worker's compensation insurance in such amount as will fully
comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for both the
Contractor and the City against any loss, claim or damage
arising from any injuries or occupational diseases occurring
58210140R4-OWW3052794.4 n OW9197 —2_
V�1S�
to any worker employed by or any persons retained by the
Contractor in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance. A policy of
comprehensive automobile liability insurance written on a per
occurrence basis in an amount not less than either (i) bodily
injury liability limits of $250,000.00 per person and
$500,000.00 per occurrence and property damage liability
limits of $100,000.00 per occurrence and $250,000.00 in the
aggregate or (ii) combined single limit: liability of
$500, 000.00. Said policy shall include coverage for owned,
non-owned, leased and hired cars.
All of the above policies of insurance shall be primary
insurance and shall name the City, its officers, employees and
agents as additional insureds. The insurer shall waive all rights
of subrogation and contribution it may have against the City, its
officers, employees and agents and their respective insurers. All
of said policies of insurance shall provide that said insurance may
not be amended or canceled without providing thirty (30) -days prior
written notice by registered mail to the City. In the event any of
said policies of insurance are canceled, the Contractor shall,
prior to the cancellation date, submit new evidence of insurance in
conformance with this Section 4.1 to the Contract Officer. No work
or services under this Agreement shall commence until the
Contractor has provided the City with Certificates of Insurance or
appropriate insurance binders evidencing the above insurance
coverages and said Certificates of Insurance or binders are
approved by the City.
The Contractor agrees that the provisions of this Section 4.1
shall not be construed as limiting in any way the extent to which
the Contractor may be held responsible for the payment of damages
to any persons or property resulting from the Contractor's
activities or the activities of any person or persons for which the
Contractor is otherwise responsible.
The insurance required by-this Agreement shall be satisfactory
only if issued by companies qualified to do business in California,
rated "A" or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if
they are of a financial category Class VII or better, unless such
requirements are waived by the Director of Administrative Services
or designee of the City due to unique circumstances.
4 . 2 Indemnification. Contractor agrees to indemnify the
City, its officers, agents and employees against, and will hold and
save them and each of them harmless from, any and all actions,
suits, claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities, including +
paying any legal costs, attorneys fees, or paying any judgment "
(herein "claims or liabilities") that may be asserted or claimed by
any person, firm or entity arising out of or in connection with the
5 82/014 0 840001/3 052 794.4 m09/29197 -3- UEXU5
negligent performance of the work or services of Contractor, its
agents, employees, subcontractors, or invitees, provided for
]herein, or arising from the negligent acts or omissions of
Contractor hereunder, or arising from Contractor's negligent
performance of or failure to perform any term, provision covenant
or condition of this Agreement, but excluding such claims or
:Liabilities to the extent caused by the negligence or willful
misconduct of the city.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with
Section 5.3 below, this Agreement shall continue in full force and
effect from the date of execution through March 31, 2002.
5.2 Termination Prior to Expiration of Term. Either
party may terminate this Agreement at any time, with or without
cause, upon thirty (30) days' written notice to the other party.
Upon receipt of the notice of termination, the Contractor shall
immediately cease all work or services hereunder except as may be
specifically approved by the Contract Officer.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor
covenants that, by and for itself, its heirs, executors, assigns'
and all persons claiming under or through them, that there shall be
no discrimination against or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital
status, national origin, or ancestry in the performance of this
Agreement. Contractor shall take affirmative action to ensure that
applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion,
sex, marital status, national origin or ancestry.
6.2 Non-liability of City Officers and Employees. No
officer or employee of the City shall be personally liable to the
Contractor, or any successor:-in interest, in the event of any
default or breach by the City or for any amount which may become
due to the Contractor or to its successor, or for breach of any
obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the
City shall have any financial interest, direct or indirect, in this
Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which effects his financial
interest or the financial interest of any corporation, partnership
or association in which he is, directly or indirectly, interested,
in violation of any state statute or regulation. The Contractor
warrants that it has not paid or given and will not pay or give any
third party any money or other consideration for obtaining this
Agreement.
582/014084-0001/3052794.4 mD9/29/97 -4-
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Is
6.4 Notice. Any notice, demand, request, document,
consent, approval, or communication either party desires or is
required to give to the other party or any other person shall be in
writing and either served personally or sent by prepaid,
first-class mail, in the case of the city, to the City Manager and
to the attention of the Contract Officer, CITY OF PALM SPRINGS,
P.O. Box 2743, Palm Springs, California 92263, and in the case of
the Contractor, to the person at the address designated on the
execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall
be construed in accordance with the meaning of the language used
and shall not be construed for or against either party by reason of
the authorship of this Agreement or any other. rule of construction
which might otherwise apply.
6.6 Integration; Amendment. It is understood that there
are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, agreements and understandings,
if any, between the parties, and none shall be used to interpret
this Agreement. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
6.7 Severability. In the event that part of this
Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the
remaining portions of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the
parties hereunder unless the invalid provision is so material that
its invalidity deprives either party of the basic benefit of their
bargain or renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any
right or remedy by a nondefaulting party on any default shall
impair such right or remedy or be construed as a waiver. A party's
consent to or approval of any act by the other party requiring the
party's consent or approval shall not be deemed to waive or render
unnecessary the other party's consent to or approval of any
subsequent act. Any waiver by either party of any default must be
in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
6. 9 Attorneys' Fees. If either party to this Agreement
is required to initiate or defend or made a party to any action or
proceeding in any way connected with this Agreement, the prevailing
party in such action or proceeding, in addition to any other relief
which may be granted, whether legal or equitable, shall be entitled
to reasonable attorney's fees, whether or not the matter proceeds
to judgment.
6. 10 corporate Authority. The persons executing this
Agreement on behalf of the parties hereto warrant that (i) such
592/014084-000113052794A m09/29197 -5-
party is duly organized and existing, (ii) they are duly authorized
to execute and deliver this Agreement on behalf of said party,
(iii) by so executing this Agreement, such party is formally bound
to the provisions of this Agreement, and (iv) the entering into
this Agreement does not violate any provision of any other
Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into
this Agreement as of the date first written above.
CITY:
CITY P NGS,
a unicipal Corp at'
City Mana
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Atto y
[SIGNATURES CONTINUED ON NEXT PAGE]
582/014094-0001/3052794.4 ni09129/97 -6-
CONTRACTOR:
BUILDING INDUSTRY ASSOCIATION OF
SOUTHERN CALIFORNIA, INC. , DESERT
CHAPTER,
a non-profit association
BY: j z�/41!'V %/fi1_2iL 'L�
Name:
Title: y^/,�=ar��.xr��/•/i
Title: YEGu7/va �r�Fcro,�
Address: 77-564 Country Club Drive
Suite 400B -
Palm Desert, CA 92211
[END OF SIGNATURES]
3�c�s
582/014084-0001/3052794.4 m09/29/97 -7- �(}� �
\. 0n9
EXHIBIT "A1l
SCOPE OF SERVICES
Contractor shall install and maintain off-site directional
sign kiosks ("kiosks"J for the purpose of providing travel
directions to new housing developments or public facilities, and
administer the leasing of sign space on the kiosks, in accordance
with this Agreement and Section 9320.07.7 of the Palm Springs
Zoning Ordinance, and on the following terms and conditions:
A. INSTALLATION AND MAINTENANCE OF SIGN KIOSKS
1. Description of Sian Kiosks and Signs. The sign
kiosks shall be manufactured and erected in accordance with section
9320.07.7. of the Palm Springs Zoning Ordinance and the following
specifications:
a. Attached hereto as Exhibit "B" and incorporated
herein by reference, is a diagram of the kiosk structure and
individual directional signs. All kiosks and signs erected
hereunder shall substantially conform to these diagrams.
b. Each kiosk sign area shall not exceed 60 square
feet nor shall any such sign area exceed 6 feet in width and/or 10
feet in height. Individual directional signs shall be constructed
so as to conform to the size and design of the kiosk, which may
vary depending on site constraints. The height of the individual
sign panels shall be either 9 inches or 18 inches. The width of
the individual sign panels shall conform to the width of the kiosk.
C. All individual directional signs mounted on the
kiosk shall be of the same design and shall be white with
contrasting colored lettering. The directional arrow shall he a
matching color as shown on Exhibit "B. " Letters may be upper case
and/or lower case. In any case, all colors and type style shall be
approved by the Director of Planning & Building prior to
installation. Signs shall have no more than four primary or
secondary colors, and the colors shall not be fluorescent or
reflectorized or of other similar quantity.
d. Each individual directional sign shall contain
only the name of the residential tract or development to which it
refers, where the original saLe of new homes is being conducted,
and shall contain a directional arrow. The maximum number of
directional signs allowed in one kiosk shall be seven if single-
faced or 14 if double-faced.
e. Each kiosk shall have the city logo and the
words "Palm Springs" displayed in a prominent location at the top .
of the kiosk as shown on Exhibit "B. " For dual-faced kiosks, the
city logo and the words "Palm Springs" shall appear on both sides "
of the kiosk at the top. The city logo and the words "Palm
EXHIBIT "A"
5821014084-000113052794.4 m09129197 -1 of 4-
Springs" shall be in colors which shall contrast against the
background color.
f. In addition to the maximum of seven directional
signs allowed by Paragraph A. l.d. , each kiosk shall provide space
for one directional sign indicating the location of individual
public buildings, or public facilities or services, including parks
and schools, as designated by the City. The location of the sign
on the kiosk shall be determined by the Contractor. The City shall
pay Contractor for the cost of sign panel manufacture and
installation for any panels they designate. Each dual-faced kiosk
shall provide space for two City-designated directional signs.
g. Individual directional signs may remain
installed on the kiosk until the last homes or lots in the
applicable community/resort/subdivision are sold.
h. The location of the kiosks shall be chosen by
the Contractor with the approval of the Director of Planning and
Building. There shall be only one kiosk per quadrant of a street
intersection. No kiosk shall be allowed in any location where it
will cause or tend to cause any conflict with the safety of
vehicular or pedestrian traffic. No kiosk shall be permitted
beyond a two mile radius of the project it advertises except when
the kiosk is located at city gateways, and at intervening
directional changes between the gateway and the two mile radius.
2. Permits. The Contractor shall obtain an
Encroachment Permit, in accordance with Palm Springs Municipal Code
Chapter 14.16, for each kiosk to be installed in the public right
of way pursuant to this Agreement. A sample of the Encroachment
Permit is attached to this Agreement as Exhibit "C" . In accordance
with Municipal Code Chapter 14. 16, the Contractor may also be
required to deposit a cash deposit or approved surety bond in the
amount necessary to reimburse the City for the costs of returning
the right-of-way to its formes- condition. The Contractor shall be
responsible for securing, at its sole expense, all permits and
applications required for kiosk and sign installation, maintenance,
removal, or related activities under this Agreement. Wherever
possible, the City shall allow multiple sign kiosk installations to
be combined on a single permit.
3 . Time for Installation. For any kiosk, the
Contractor shall complete the installation of the kiosk and
directional signs within 45 days after the permit is issued by the
City.
4. Installations on Private Property. In the event any
kiosk is to be erected on private property, Contractor shall obtain
written consent from the landowner for the installation and
maintenance of the kiosk on the private property, including a
provision giving the City the right to enter the property and
remove the sign for noncompliance with the Palm Springs Zoning
Ordinance. A copy of said consent shall be filed with the Director
EXHIBIT "A"
5821014084-W0113=794.4 M129197 -2 of 4- ( r^^rIIryr'tI 'p{pf�
of Planning and Building prior to his approval of the kiosk. The
Contractor may also be required to deposit a cash deposit or
approved surety bond in the amount necessary to reimburse the City
for the costs of removing the sign. Any private property rental
fees required shall be paid by Contractor.
5. Maintenance. It shall be the sole responsibility
and liability of Contractor to maintain, repair, replace, and
repaint each kiosk and sign as necessary to ensure they remain in
good condition and repair. Additionally, upon written notice from
the City that maintenance is needed for a particular kiosk or sign,
Contractor shall repair or replace said kiosk or sign within five
business days.
6. Removal or Relocation of the Kiosks. Certain
events, such as street and sidewalk construction or construction on
adjacent property, may at times require the removal or relocation
of a kiosk. Upon written notice from the City that such removal or
relocation is necessary, Contractor shall, at its sole cost and
expense, remove the kiosk and reinstall it at such new location as
authorized by the City.
7. Removal of the Kiosks upon Termination of Agreement.
Upon termination of this Agreement for any reason, the City shall
have a 30-day right to purchase from Contractor any or all of the
kiosk structures and signs for their original cost less
depreciation. If the City does not exercise that right, Contractor
agrees to remove any and all such structures and signs upon written
notice from the City. If Contractor fails to remove any such
structures or signs within 30 days after the mailing of such
notice, City may remove any and all such structures or signs left
in place and destroy them and City shall not be liable for damages
therefor.
a. Modification of the City's Directional Sian Program.
The City retains the right to modify or amend its directional sign
program and sign ordinances as it deems necessary.
B. ADMINISTRATION OF SIGN LEASING PROGRAM
1. Fees to be Charged by Contractor. Contractor shall
administer the sign program in accordance with this Agreement and
Section 9320. 07.7 of the Palm Springs Zoning Ordinance. The fees
charged to the advertiser by the Contractor shall consist of the
Contractor's costs for installing the directional sign on a kiosk,
the City's costs for administering this Agreement and approving any
necessary permits, the Contractor's costs for the construction and
maintenance of the kiosks and the individual signs, and the
Contractor's costs for administering the sign program. The fee
schedule shall be subject to approval by the City Council and whop
approved shall be part of this Agreement.
EXHIBIT "A"
5821014084-0001/3052794.4 ni09/29197 —3 of 4— �Y *y
2. Compliance with Sian ordinance. It is the intent of
:both parties that all off-site directional sign kiosks are to be
installed and maintained in accordance with Palm Springs zoning
Ordinance section 9320. 07.7 and this Agreement. Contractor further
recognizes city's desire to limit the use of outdoor advertising
for housing developments, and especially to discourage the use by
Contractor's members and other builders and developers of temporary
signs, A-frame signs, and any other outdoor advertising devices
erected, installed, or maintained contrary to the City's
ordinances. Contractor agrees to use its good offices, influence
and best efforts with its members and others in the building
industry to secure maximum compliance with the City's ordinances,
and to avoid proliferation of temporary or otherwise prohibited
signs. In return the City agrees to strictly enforce its sign
Ordinance.
a. Contractor shall not accept or install any
directional signs for any community or development if that
community or development maintains signs which do not comply with
the requirements of the Sign ordinance. Upon written notice from
the City that a community or development has installed-signs which
do not comply with the Sign Ordinance, Contractor shall- remove from
its kiosks all directional signs for that community or development.
If Contractor fails to remove any such signs within 30 days after
the mailing of such notice, City may remove any and all such signs
left in place and destroy them and City shall not be liable for
damages therefor.
b. During the term of this Agreement, contractor
shall not install or maintain any signs or structures that do not
comply with the Palm Springs Municipal Code, and shall remove any
such signs or structures anywhere within the area covered by the
City's General Plan.
C. Contractor shall not allow any third parties to
make any additions to, or attach any tags, signs, streamers,
devices, display boards or other appurtenances to either the kiosks
or to any signs located thereon.
d. In the event that Section 9320.07.7 of the Palm
Springs Zoning ordinance or any part of it is deemed
unconstitutional, Contractor shall remove all signs and kiosks
installed pursuant to this Agreement, and this Agreement shall
terminate without liability to the City or to the Contractor.
EXHIBIT "A"
582/0:14084-0001/3052794.4 .09/29/97 -4 of 4- ``��
EXHIBIT "B"
DESCRIPTION OF SIGN KIOSK STRUCTURE AND DIRECTIONAL SIGNS
EXHIBIT "B"
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