HomeMy WebLinkAboutOrdinance #3051 ORDINANCE NO. 3051
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
GRANTING TO LARRY LEICHT, DBA RENT-A-BENCH,
A FRANCHISE TO CONSTRUCT, PLACE AND MAINTAIN BUS BENCHES
IN THE CITY OF HUNTINGTON BEACH
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1. The terms and conditions of the franchise awarded
by this ordinance are contained in Exhibit "A" which is
incorporated by reference herein as though set forth in this
Section 1.
SECTION 2 . The City Clerk shall cause each ordinance to be
posted in three places designated by the City Council within the
City and to be published by title with a brief summary at least
once within fifteen days after its adoption in a daily,
semi-weekly or weekly newspaper, published in the County or the
City and circulated in the City, which is selected by the City
Council for that purpose.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on
the 6th day of August 1990 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney -�-�s
REVIEWED AND APPROVED: NITIATED ND APPROVED:
w
•
ty�Add m At ais t r Lat o Direct r of Public Works
Servic
I
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND LARRY LEICHT, DBA RENT-A-BENCH,
FOR THE INSTALLATION AND MAINTENANCE
OF BENCHES AT BUS STOP LOCATIONS THROUGHOUT THE CITY
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i
TABLE OF CONTENTS
Title Page_
1 . GRANT . . . . . . . . . . . . . . . . . . . . . . . . 1
2 . DESIGNATION OF CONTRACT ADMINISTRATOR . . . . . . 2
3 . INSTALLATION . . . . . . . . . . . . . . . . . . . . 2
4 . CONSTRUCTION CRITERIA . . . . . . . . . . . . . . . 2
5 . INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS 2
6 . WORKERS ' COMPENSATION INSURANCE . . . . . . . . . . 2
7 . INSURANCE . . . . . . . . . . . . . . . . . . . . . . 3
8 . CERTIFICATES OF INSURANCE; ADDITIONAL. . . . . . . .
INSURED ENDORSEMENT. . . . . . . . . . . . . . . 4
9 . MAINTENANCE. . . . . . . . . . . . . . . . . . . . . 5
10 . ANNUAL FEE . . . . . . . . . . . . . . . . . . . . . 5
11 . BENCH LOCATIONS. . . . . . . . . . . . . . . . . . . 6
12 . RELOCATION OF BENCHES . . . . . . . . . . . . . . . . 6
13 . RESTRICTIONS ON ADVERTISING COPY . . . . . . . . 6
14 . NON-ASSIGNED . . . . . . . . . . . . . . . . . . . . 7
15 TERM . . . . . . . . . . . . . . . . . . . . . 7
16 . DEFAULT. . . . . . . . . . . . . . . . . . . . . . . 7
17 . REMOVAL OF BENCHES . . . . . . . . . . . . . . . . . 7
18 NOTICES . . . . . . . . . . . . . . . . . . . . . . . 7
19 . CAPTIONS . . . . . . . . . . . . . . . . . . . . . 8
20 . MUTUAL RELEASE . . . . . . . . . . . . . . . . . . . 8
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AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND LARRY LEICHT, DBA RENT-A-BENCH,
FOR THE INSTALLATION AND MAINTENANCE
OF BENCHES AT BUS STOP LOCATIONS THROUGHOUT THE CITY
THIS AGREEMENT is made and entered into this /� 1� day
of 1990 , by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter
referred to as "CITY" and LARRY LEICHT, DBA RENT-A-BENCH, a sole
proprietorship, hereinafter referred to as "R-A-B . "
WHEREAS, CITY desires that the general public be provided with
the convenience of benches at bus stop locations throughout the
CITY; and
R-A-B is in the business of furnishing benches to municipalities
and placing and maintaining benches containing advertising thereon,
as well as benches without advertising; and
CITY desires to grant permission to R-A-B upon the terms and
conditions set forth herein to place and maintain benches in the
public right-of-way of CITY,
NOW, THEREFORE, IT IS HEREBY AGREED as follows :
1 . GRANT
CITY by adoption of Ordinance V�()S/ does grant to R-A-B the
right to place benches in the public right-of-way in the City of
Huntington Beach in accordance with the terms and conditions
specified herein and at only one hundred sixty-one ( 161) of those
locations designated in Exhibit "A, " which is attached hereto and
incorporated herein by reference . R-A-B agrees that said benches
shall be placed as near as is practical to established bus stop
signs .
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Z . DESIGNATION OF CONTRACT ADMINISTRATOR
CITY designates the Director of Public Works , hereinafter
referred to as "DIRECTOR to administer the terms of this agreement .
3 . INSTALLATION
R-A-B shall install bus benches at all locations designated
within sixty ( 60) days of the execution of this Agreement . No more
than one ( 1) bench shall be installed at any bus stop except by
prior written approval from the DIRECTOR. All benches shall remain
the property of R-A-B .
4 . CONSTRUCTION CRITERIA
The benches shall be constructed of heavy cast concrete
approximately three hundred (300) pounds in weight . Each bench
shall include the name and current telephone number of R-A-B .
5 . INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS
R-A-B hereby agrees to protect , defend, indemnify and hold and
save harmless CITY, its officers , and employees against any and all
liability, claims , judgments , costs and demands , however caused,
including those resulting from death or injury to R-A--B ' S. employees
and damage to R-A-B ' S property, . arising directly or indirectly out
of the obligations or operations herein undertaken by R-A-B,
including those arising from the active or passive concurrent
negligence of CITY, its officers or employees . R-A-B will conduct
all defense at its sole cost and expense . CITY shall be reimbursed
by R-A-B for all costs or attorney' s fees incurred by CITY in
enforcing this obligation.
6 . WORKERS ' COMPENSATION INSURANCE
Pursuant to California Labor Code §1861, R-A-B acknowledges
awareness of §3700 et seq. of said code, which requires every
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employer to be insured against liability for workers ' compensation;
R-A-B covenants that it will comply with such provisions prior to
commencing performance of the work hereunder .
R-A-B shall maintain such Workers ' Compensation Insurance in an
amount of not less that One Hundred Thousand Dollars ($100 , 000 . 00)
bodily injury by accident , each occurrence, One Hundred Thousand
Dollars ($100 , 000 . 00) bodily injury by disease, each employee, and
Two Hundred Fifty Thousand Dollars ($250 , 000 . 00) bodily injury by
disease, policy limit , at all times incident hereto, in forms and
underwritten by insurance companies satisfactory to CITY.
R-A-B shall require all subcontractors to provide such Workers '
Compensation Insurance for all of the subcontractors ' employees .
R-A-B shall furnish to CITY a certificate of waiver of subrogation
under the terms of the Workers ' Compensation Insurance and R-A-B
shall similarly require all subcontractors to waive any right to
subrogate against CITY.
7 . INSURANCE
R-A--B shall carry at all times incident hereto, on all
operations to be performed hereunder, general liability insurance,
including coverage for bodily injury, property damage,
products/completed operations , and blanket contractual liability.
Said insurance shall also include automotive bodily injury and
property damage liability. insurance . All insurance shall be
underwritten by insurance companies in forms satisfactory to CITY
for all operations , subcontract work, contractual obligations,
product or completed operations and all owned vehicles and non-owned
vehicles . Said insurance shall name the CITY, its officers , agents
and employees and all public agencies as determined by the CITY as
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Additional Insureds . R-A-B shall subscribe for and maintain said
insurance policies in full force and effect during the life of this
Agreement, in an amount of not less than One Million Dollars
($1 , 000 , 000 . 00) combined single limit coverage. If coverage is.
provided under a form which includes a designated general aggregate
limit , such limit shall be no less than One Million Dollars
($1 , 000 , 000 . 00) . In the event of aggregate coverage, R-A-B shall
immediately notify CITY of any known depletion of limits . R-A-B
shall require it insurer to waive its subrogation rights against
CITY and agrees to provide certificates evidencing the same.
8 . CERTIFI ATES OF INSURAN E • ADDITIONAL INSURED ENDORSEMENT
Prior to commencing performance of the obligations hereunder,
R-A-B shall furnish to CITY certificates of insurance subject to
approval of the City Attorney evidencing the foregoing insurance
coverages as required by Sections 6 and 7 herein; said certificates
shall provide the name and policy number of each carrier and policy,
and shall state that the policy is currently in force and shall
promise to provide that such policies will not be cancelled without
thirty (30) days prior written notice to CITY. R-A-B shall maintain
the foregoing insurance coverages in force until this agreement is
terminated .
The requirement for carrying the foregoing insurance shall not
derogate from the provisions for indemnification of CITY by R-A-B
under 'Section 5 of this Agreement . CITY or its representative shall
at all times have the right to demand the original or a copy of all
said policies of insurance. R-A-B shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required .
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A separate copy of the additional insured endorsement to each of
R-A-B ' S insurance policies, naming the CITY, its officers and
employees as Additional Insureds shall be provided to the City
Attorney for approval .
9 . MAINTENANCE
R-A-B shall , at its sole expense and cost, maintain said benches
in a good condition; shall regularly inspect said benches at least
once each three months of the term of this Agreement; and shall make
the necessary repairs to said benches immediately upon ascertaining
that the repair is needed or upon being notified of said facts by
CITY. CITY reserves the right to perform maintenance and invoice
R-A-B for its reasonably incurred costs in the event reported
maintenance is not performed within fifteen (15) days of
notification to R-A-B and R-A-B agrees to pay such invoiced amount
within 30 days or the agreement shall be terminated at CITY' S option.
10 . ANNUAL FEE
R-A-B agrees to pay to the CITY an annual permit fee of five (5)
dollars per year, or portion thereof , per bench for the first year
only. It is the intention of the CITY to let by competitive bid the
right to placement of benches on CITY sidewalks after August 6 ,
1990 . The annual fee after the first year shall be the fee agreed
to be paid by the highest responsible bidder and who is thereafter
granted a franchise to be located within the CITY limits of the
CITY. The payment shall be first due and payable upon execution of
this Agreement and on each anniversary thereafter for the life of
this Agreement . R-A-B shall procure an annual business license, as
provided in Title 5 of the Huntington Beach Municipal Code. In the
event the CITY grants bench franchises to more than one franchisee
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other than R-A-B, the fee paid by R-A-B for the second and third
years hereof shall be no less than the fee paid by the franchisee
paying the lowest fee to the CITY other than R-A-B .
11 . BENCH LOCATIONS
R-A-B shall submit to the DIRECTOR, quarterly, a list of bench
locations , date of placement and current status .
12 . RELOCATION OF BENCHES
CITY and R-A-B agree that the DIRECTOR may modify Exhibit "A"
and require relocation or removal of benches , or the placement of
additional benches . R-A-B agrees to place, remove or relocate
benches in locations designated by the DIRECTOR within thirty (30)
days of receipt of written notice to do so . R--A-B is granted the
option to terminate this agreement on the expiration of the first
year or to extend the agreement for two additional years at the
amount agreed to be paid pursuant to Section 10 hereof .
13. RESTRICTIONS ON ADVERTI ING COPY
R-A-B shall not place advertising on any bench for alcoholic
beverages or tobacco products, or any advertising which is
objectionable in the judgment of the DIRECTOR .
R-A-B shall not place advertising upon any bench for any
advertiser who is in competition with the business or businesses
located adjacent to the location of said bench. No advertising copy
shall display the words "STOP, " "LOOK, " "DRIVE-IN, " "DANGER, " or any
other word, phrase, symbol , or character calculated to distract ,
interfere with, or mislead traffic . R-A-B shall submit advertising
copy to the DIRECTOR for its review and approval . The advertising
copy received by the DIRECTOR shall be deemed approved unless the
DIRECTOR notifies R-A-B in writing within ten (10) days after
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receipt of its objection or disapproval .
E
14 . NON-ASSIGNED
This Agreement shall not be assigned or transferred by R-A-B
without the written approval of CITY.
15 . TERM
Unless sooner terminated, this Agreement shall continue in force
for a period of three (3 ) years from and after the date of
execution. Provided, however, that R-A-B fails to agree to pay the
annual permit fee established by competitive bid as provided in
paragraph 10 , then, this agreement shall terminate 365 days after
the execution hereof .
16 . DEFAULT
In the event of the default of R-A-B including the breach of any
material condition of this agreement , then, CITY shall notify R-A-B
of its intention to terminate this Agreement . If such default shall
not have been cured within thirty days of the date of such
notification, the CITY may terminate this agreement .
17 . REMOVAL OF BENCHES
All benches shall . be removed within sixty (60) days of any
termination hereof .
18 . NOTICES
All notices required or permitted hereunder shall be delivered
in person or by registered or certified mail to an authorized
representative of the party to whom delivery is to be made, at the
place of business of such party, or to any other place designated in
writing by such party.
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3051
19 . CAPTIONS
Captions of the Sections of this Agreement are for convenience
and reference only, and the words contained therein shall in no way
be held to explain, modify, amplify or aid in the interpretation,
construction or meaning of the provisions of this Agreement .
20 . MUTUAL RELEASE
Each party agrees to save and hold harmless and to release the
other party from any and all claims , injury, costs and losses
arising out of the Orange County Superior Court action entitled
Larry Lei ht DBA RENT-A-BENCH vs . City of Huntington Beach, et al . ,
Orange County Superior Court including but not limited to any claim
arising from the taking, detainer , storage, or transportation of the
benches; for attorney' s fees , and for any and all other costs and
expenses of either party hereto .
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
the day, date and month first above written.
RENT-A-BENCH CITY OF HUNTINGTON BEACH
a Sole Proprietorship a Municipal Corporation
lof th State of California
LARRY ICHT Mayor
ATTEST: APPROVED AS TO FORM:
4��V" &4" -
C AIG lrT A-)
City Clerk �/Attornevy
REVIEWED AND APPROVED: INITIATED APPROVED:
i y Administrator Direct of Public Works
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3051
RENT-A-BENCH
Bench Location List, Huntington Beach
1 . Algonquin & Pearce NE
2 . Algonquin & Heil SE
3 . Beach & Cypress SW
4 . Beach & Slater SW
5 . Beach & Newman NE
6 . Beach & Garfield NE
7 . Beach & Yorktown SW
8 . Beach & Yorktown NE
9 . Beach & Adams SW
10 . Beach & Memphis SW
11 . Beach & Atlanta NE
12 . Beach & Atlanta SW
13 . Beach & Sunrise NE
14 . Beach & Sunrise NW
15 . Bolsa & Springdate NW
16 . Bolsa Chica & Edinger SW
17 . Bolsa Chica & Sisson NE
18 . Brookhurst & Bushard NE
19 . Brookhurst & Banning NE
20 . Brookhurst & Banning SW
21 . Brookhurst & Hamilton NE
22 . Brookhurst & Villa Pacific NE
23 . Brookhurst & Indianapolis NE
24 . Brookhurst & Stonybrook SE
25 . Brookhurst & Stonybrook SW
26 . Brookhurst & Continental SE
27 . Brookhurst & Adams SW
28 . Brookhurst & Continental SW
29 . Brookhurst & Constitution SW,
30 . Brookhurst & Constitution NE
31 . Brookhurst & Kui NW
32 . Brookhurst & Garfield SW
33 . Davenport & Algonquin SW.
34 . Edinger & Goldenwest NW
35 . Edinger .& Goldenwest SE
36 . Edinger & Bolsa Chica NW
37 . Edinger & Bolsa Chica SE
38 . Edinger & Medlody Lane NE
39 . Edinger & Fantasia NE
40 . Edinger & Monterey NE
41 . Edinger & Graham NE
42 . Edinger & Graham SW
43 . Edinger & Clubhouse W side
44 . Edinger & Plymouth SW
45 . Edinger & Plymouth NW
46 . Edinger & Standish NW
47 . Edinger & Edwards SE
48 . Edinger & Bellfast S side
49 . Edinger & Sherbek NW
50 . Edinger & Marjory SW
51 . Edinger & Goldenwest SE
52 . Garfield & Newland NW
EXHIBIT 3R51 page 1
53 . Goldenwest & Clay SW
54 . Goldenwest & Garfield SW
55 . Goldenwest & Ellis NE
56 . Goldenwest & Ellis NW
57 . Goldenwest & Talbert SW
58 . Goldenwest & Rio Vista NE
59 . Goldenwest & Rio Vista SW
60 . Goldenwest & Slater SW
61 . Goldenwest & Slater NE
62 . Goldenwest & Tucana SW
63 . Goldenwest & Tucana E side
64 . Goldenwest & Lydia SW
65 . Goldenwest & Heil SW
66 . Goldenwest & Laurel Hurst SW
67 . Goldenwest & Valentine NE
68 . Goldenwest & Stonewood NE
69 . Magnolia & Hyde Park SW
70 . Magnolia & Sea Hurst NW
71 . Magnolia & Sea Hurst SE
72 . Magnolia & Yorktown SW
73 . Magnolia & Yorktown NE
74 . Magnolia & Pioneer W side
75 . Magnolia & Adams SW
76 . Magnolia & Mediterannean SW
77 . Magnolia & Indianapolis NW
7$ . Magnolia & Indianapolis SE
79 . Magnolia & Atlanta NE
80 . Magnolia & Atlanta SW
81 . Magnolia & Hamilton NW
82 . Magnolia & Banning NE
83 . Magnolia & Banning SW
84 . Magnolia & PCH NE
85 . Magnolia & PCH NW
86 . McFadden & Edwards SE
87 . Main Street & Garfield NE
88 . Main Street & Huntington NE
89 . Main Street & Delaware NE
90 . Main Street & Delaware NW
91 . Main Street & Florida SE
92 . Main Street & 17th SW
93 . Main Street & Adams SW
94 . Main Street & 12th SE
95 . Main Street & 7th SW
96 . Main Street & 7th SE
97 . Main Street & 6th SE
98 . Main Street & Orange NE
99 . Orange & Main NW
100 . Orange & Main SW
101 . Orange & 7th SE
102 . Orange & 9th SW
103 . Orange & 12th NE
1.04 . Orange & 12th SW
105 . Orange & 17th NE
106 . 17th & Palm NW
107 . 17th & Beach Walk E side
108 . 17th & Main Street NW
EXHIBIT A -3$4ge 2
109 . Slater & Beach SE
110 . Slater & Cameron N side
ill . Slater & Jefferson NW
112 . Springdale & McFadden NE
113 . Springdale & Engineer E side
114 . Warner & Sceptre NW
115 . Warner &Algonquin SE
116 . Warner & Lynn SE
117 . Warner & Hoskins NE
118 . Warner & Bolsa Chica NW
119 . Warner & Graham SE
120 . Warner & Lark NE
121 . Warner & Springdale SE
122 . Warner & Edwards SW
123 . Warner & Sculpin NE
124 . Adams & Busard SE
125 . Adams & Derbyshire SE
126 . Adams & Brookhurst SW
127 . Adams & Picadilly SE
128 . Adams & Lawson SE
129 . Atlanta & Leasure NW j
130 . Atlanta & Leasure SE
131 . Atlanta & Greenfield SE
132 . Atlanta & Greenfield NW
133 . Atlanta & Newland SW
134 . Atlanta & Newland NE
135 . Atlanta & Batstia SE
136 . Atlanta & Batstia NE
137 . Atlanta & Schooner SW
138 . Atlanta & Schooner NW
139 . Atlanta & Beach NW
140 . Atlanta & Delaware NE
141 . Atlanta &Delaware SE
142 . Atlanta & Huntington SE
143 . Atlanta & Huntington NE
144 . Atlanta & Alabama SW
145 . Bolsa & Edwards SE
146 . Center Drive By Broadway S side
147 . Center Drive At 7755 NW
148 . Center Drive & Huntington village NW
Lane
149 . Center Drive & Huntington Village SE
Lane
150 . Center Drive & Gothard NE
151 . Edinger & Sher NW
152 . Edinger & Sher SE
153 . Edinger & Parkside SW
154 . Edinger & McFadden NE
155 . - Edinger &Bolsa SW
156 . 1st & Atlanta SW
157 . Gothard & McFadden SW
158 . Gothard & Heil NE
159 . Gothard & Satern SW
160 . Hamilton & Brookhurst NW
161 . Hamilton & ViaStraits NW
EXHIBIT A051 page 3
}
162 . Hamilton & ViaStraits SE
163 . Hamilton & Bushard SE
164 . Hamilton & North Shore NW
165 . Hamilton & Lehia SE
166 . Hamilton & Polynesia Lane SE
167 . Hamilton & Polynesia Lane NW
168 . Hamilton & Magnolia SE
169 . Magnolia & Huntington State W side
Beach
170 . McFadden & Vermont NW
171 . McFadden & Vassar NW
172 . Orange & 1st NE
173 . Orange & 2nd SE
174 . Slater & Gothard SE
175 . Slater & Gothard NE
176 . Slater & Nichols NW
177 . Slater & Nichols SW
178 . Slater & Koledo SE
179 . Slater & Queens SE
180 . Slater & Queens NE
181 . Yorktown & Lake NW
182 . Yorktown & Lake SE
EXHIBIT A - page 4
3051
Ord. No. 3051
STATE OF CALIFORNIA }
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the 16th day of Ju1Y
19 90 and was again read to said City Council at a regular
meeting therof held on the 6th day of August 19 90 and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Winchell, Mays, Bannister, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
MacAllister, Green
1, Cotes Brockway CITY CLEW-d ft cly of •
"WhjW sewh and ex-01ip Omar to 0*
Cmd' do y oftfy the& t of City Clerk and ex-offi c' Clerk
erdinaristfublished'mtltielton of the City Council of the City
19 1 " of Huntington Beach, California
a=Wanct wWlh Wity CtWrW of said city.
Connie Bmckwa
city Clark
L MY Clerk