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Home My WebLink AboutMETERMESSAGES, INC - 1983-06-064 �5 CGN'TRACT FOR AUTHORIZATION TC VOST , PARKING METER MESSAGES THIS AGREMENT, made and entered into on .his day ,. s of 191-5 , by and between the CITY OF HUNTINGTON d E UEACffr a"4 muaicipal corporation of the State of California, hereinafter referred to as "CITY," and KETERMESS?tGE , INC., a California corporation, hereinafter referred Go as "CONTRACTOR." [; WHEREAS, CITY desires to allow private advertisinq on the 4 � utiused portions of its parking meters, and 7 WREAeAS, CONTRACTOR desires to lease the parkirg meters from the CITY for the purpose of such advertising, NOW THEREFORE, the parti€:s covenant acid agree as follows: 1. DESCRIPTION OF AUTHORIZATION AND TER14 In consideration of the royalties described below, the CITY hereby grants exclusive authorization for a period of three years to CONTRAC`09 to post advert.isinS and public service r.essages on the unused surfaces of all parking m ter heads within, the CITY" S control-, 2.. ROYAL V,�r .MOUNT CONTRACTOR shall pay to CITY a royalty of $2s..A0 per meter for the first year, such rate to incre4so in the second a 6 third years jj antvtount equal to 15 of any increased rate above the, basis introductory rate cf $12.25 per meter/per vtonthl which COUTPMCTOR charges, its ,qdverti;sers for spaco 3. ANNUAL ROY?-WY PAYMENT SCHEDULE Loyalty p ymonts for the first —r-ar of this contract oball be paid by CONTACTOR accord .rg to the following schedule e T . , 0_. r; s t s) Ten percent (10%). no later than thirty (30) days :after execution of this Agreement, b) Twenty percent ( 0%) , no later than one hundreC f fifty (150) daya, after the execution of this Agreement c IIy percent (30%), no later than one hundred eigbty (180) days after t-he execution or this Aareementr d) Twenty-five percent (25t), no later than two hundred forty (ZW) day, .after the execution of this Agreement; <: e) the balance no .:sates than three hundreCi thirty Y (a3o) days after the execution of than Agreement, '. Royalty payments for the second and third year will be paid one fourth (1/4) in advance on the first, day of each calendar quarter of the year. 4, AtbTUORIZATION CONTRACTOR is authorized to use only that portion of t :e parking roet r heat) which dues not interfere with or obstruct, the metjq�r`s functions, maintenance, or instructions and such authorization is for the purpose of exhibiting advertising and pvblic service messages and for no other parpose. Any technical spocificat.io;ts governing the use of meters a t+ covered in this agreement shall be the subJect of amen6inents Vnicn may be subsequently agreed to between the CITY and Ct?NTMR CTOR- 5. CONSIGNMENT POR PUBLIC SE9VICe USES AG S Ten percent of the total 'number of meters covered by this con'traet are to be consigntni to carry CITY -authorized public setvlcte messages. CONTRACTO. shall have sole responsibi"Aty for Affl inn And reiovibg such Messages. CITY shall have sole r nsibi.11ty for the authorization and choice of such message ., .� _.. v_ 6. CITY O ER81GHT OF MESSAGES If subsequently requested, all: messages to be affixed to parking meters covered by this contract shall be submitted for for ra• iew to the CITY or its authorized agent for review five (5) business days prior to affixing said message. if within that period the CITY or its agent finds said message inappropri.atA and o notifies CONTRACTOR, said message shall not be affixed by CONTRACTOR to parking meters, 7. MAINTENAN z OF MESSAGES CONTRACTOR shall be responsible for firmly affixiAq all messages to parking meters. CONTRACTOR shall, be respopsible ;for removing all message residues and leaving the space used it the sane condicion as originally found prior to use by CONTRACTOR j when not in use by CONTRACTOR for authorized messages and at the and of this contract or its renewal.. 6. INDt� IF'ICATI )a4 HOLD HARMLESSDEFENSE CONTRACTOR agrees to protect, defend, indemnify and hold and save hirmloss CITY, its officers, agents and employees against any and all liability, claims, judgments, costs and demands, including death or injury to CONTRACTOR'S employ'es, and damage to property,, arising d..reetl.y or indirectly out of the obl. <, atioas, herein undertaken by CONTRACTOA of out of the operations oondhcted by CONTRACTOR, save and except those which arise oot of the sake nm ligence or sole willful misconduct of CITY. ,,'0NTRACT0R will defendany such suits at the sole cost aid expense of CONTRA 'lOR whers requested by CITY, and arty oostt., of defense or attorney's fees incurred by CITY in enforcing this x 21 VAII- obligation will be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 9. WORKERS' COMPENSATION? CONTRACTOR acknowledgeu and undertakes its rluty under the provisions of Section 3700 et sect. of the Labor Code to insore against liability for Workers' Comperisation and covenants to comply witn such provisions prior to cr2kSitftt'nci:xg the � performance of the Work hereunder'. 1k. CON' "RaCTOR shall maintain V.orkers' Compeosation insurance and of ezwlse co;,iply with all of the provisions Est the Workers' Compens.,tion and Safety Acts of the State of California, the applicable provisicn-4s of Divisions 4 and 5 of the Caiiio nia Labor Code and all amendments there".oj and all similar State cr Federal arts or laws applicable and snail furnish to CITY a certificate of Worker3l Compensation Znsurance evidencing such compliance. The insurer shall furnish to CITY a cert .ficrte of Workers' Co;opansation Insurance. The provider of insurance shall not carte -el: or modify any such oolzcy so proviftd without thirty (30) dayz prior ri.tt;fin notice to CITY. CONT".CTOR shell further require au.. subcontractors to s rhilarly provide such workers compensation insurance for all of the subcontractors, employees. CONTRACTOR shall furnish a certi- ficate of waiver of subrogation under the terms of the workers' OOTApOnsation insurance, and CONTRACTOR rshall simt l.arly require all subcontractors to waive subrogation. CONT.RACTOA'S 0rkers' Compensation Insurance- shall be i.n forms and anderWr' , ter} by insurance companies satis,facs ors to ..« .. ,. CITN,, Said insurance shall remain in force until the work under this contract is fully completed. Said insurance shail not derogate from the provisions for indemnification of CITY by CONTRACTOR under this contract. CONTRACTOR shall, notqith- standing nor diminish-'ng %he foregoing obligations, subscribe for and maintain full force and effect during the life o, this contract a Workers' Compensation liability policy, in accordance with the I-lorkers' Compensation Act of the state of California, of not less than one hundred thouson6 dollars ($100,000). 10., INSURANCE CONTRACTOR &hall at all times carry on al, iperations her under, bodily injury and property damage liability insurance, including automotive bodily injury and property damage liability insurance, in forms and underwritten by Insurance companies satis�actory to CIV.4* for: all operations, subcontract work, contractual obligations, product or completed operat�.ons, all owried vahicl_es and non -owned, vehicles, Said insurance coverage obtaine4 by the CONTRACTOR shall riame the CITY, its oificers, ageots and employees and all; public agevcies z,s determined by the CITY as additional insureds on said policies. COUTR&CTOR shall require its inaurer to waive its zubrogation rights against CITY and agrees to provide certificates evide,acing the same. Beford CONTRAC-tit perforrS any work, at, or prepares or doli-vers t tarielz for posting on the meter heads, CONTRA4C'TOR ahall fivirnish to CITY certificates of insurance subject to approval of the City Attorney evidencing 0)t foregoing insurance coverages and such tottificates shall provide the name an,3 policy number of each: carrier and policy, and that the insurance is in force and rz C iT� will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain: all of the foregoing insurance coverages in force until the work under this contract is fully completed and accepted by CITY. g+r: The requirement for carrying the foregoing insurance ` shall not derogate from the provisions for indrrrnification of CITY by CONTRACTOR under this contract. Notwithstanding or diminishing the obl.igation5 of CONTRACTOR with respect to the foregoing, CONTRACTOR sisall subscribe for and maintain: in full`:'" force and effect during the life of this contract the following X insurance amounts: not less than three h,)ndred thousand dollars ($300,000) combined single limit coverage for 'Items A and B. A. Bodily Injury Liability and Automotive Bodily Innury Liability (including non - ownership and hired cars F; Property Damage Liability and :Automotive Property Damage Uabili.+-,y The City Attwozney shall at all times bav light to demaid the original or a copy of all -paid policies of insurance. CONTRACTOR shall: pay the premiums on all insurance hereinabo��s required. `The focegoing'reproi�sents the entire agreement between the parties. �., .... ter. . . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execuxed by and 'through their authorized officer the day, month and year first above written. CONTRACTOR CITY QP HUNTINGTON BEACH, a municipal corporation S � BV { Gib—d f ey #arri8 �t as ara e 7 ovr�e Nluyer k, Secretary/Treasurer i ATTEST- APPROVED AS TO PORM City Clerk .'...,.' GxA orn, REVIrAMD AND APPROMi INITIATED APPROV City Admrn iatc' pa.rec tox Commu aery ces t r FOR CITY COUNG,.,ACIINON Date May 26, Submitted tat The Honorab" e Mayer &nd City Council�9 . . Submitted by: Charles W, Thompson, City Adminf.strat;o prepam ,d by. Vincent 0', 1400rhouse, Director, Corysmun y ServO �'� s€ bjectt Agreement with Meter dessages -- .parking ` ` Adve.r't izing r Statement of Isrz,ue Analysis, Funding Sour tir, Alternave Actions, Attamentsr 7ReraraLro+mendation, Peter leusagezr, Inn— } a Ccalirornla ex'�>fizX'^tiGn, de`.,=ji`e,,- to enter Into a three --;dear agreement; v..iU the ,n 4ty fcr the p trpose or placing pvlvate advertising, and pub i^ zervice neoaa!"'ez on the =4;� ed portion �. of city parking meterz. RECOMMENDATION Approve the agreement with V,' terressage s,, Inc. and authorize the Mayor tieo execute same. J�,1F 11�3..1ti 3.ka . The City Administrator received a prup�,3al fro. MeterXessages, Inc. coneernine the placement; of adveri,isin r city --yawned parking meterz. The was referredt: staffanJ Attyr1has been determined that y.�{{matter y. ±.Ya �} agreement currently similar a{+�}reement .r�i.+ zt.,2 cu r5«44�' ly! between 11VIete Y`i4:.si4�Tr°i}�,es, Inc. and the City o�f It, 14uiz, Mizt:sc�ir y Additionally, roe other cities are dr The term of this a8reement f o f`or, threo *�e�hrs ,arid aazttior� des contractor t{�yoy{ utyislize�>only portion €op the me�Ytaer head ytyhva�t Yyypavrk i.yt«��= ��y��rk}�yic�h ydore.s}�*s.€��ly} R+erfe'rre wito bi��a�AML�uot itl�l:. ram. ete 's fu k� tip, n, 9 ain*t F+nantri� o n�ne."C uc— .+in ionn r All meizages are to he approved in ads°anon Contractor would be responsible for removing all rezidues and leaving the space in the .game condition aq crf ginally found. ''h z proposal will generate approximately 37, 00 a year for the city (1400 meters x 6,40/meter/year - 6, 60). Ten percent of the tote, meters are to curry ptrblle zervioe,,ie zages. With respect to the city . s economy, advertisements should help scales to :focal merchants, ?Ior- chants will f 1nd that advertlsinC on parking peters is are Irexpensive Wayy�7y��t*�cYr�rInform rei;,idents and visitors about Itheir g;ooda and services. l i},FVIyyYFpya,LSzR�4,}T s..7V#14.i ALTERNATM- ACTIONS iR Reduce the length of the agreement to one year, ttipulato that advertisements can only be placed in �;ertain zones, M Disapprove the pr po al Flo 441 10 CtsvK,�.�v+Ty �iruitrr �k atown 0'kptat,?"tt Copy CUMutiN+d r»tld,ratO it- CERTIFICATE OF INSURANCE Approved as. to Fotrn t',ty (it tiunt,ngtnn ilrtarat TO Gael Htttionff City A .orney City Aimmov 100 s' t). Boxawl CITY OF 1UNTINGTON BEACH, CAIkcOH1VlA Ntrnrrtt�tnnlSwwch. CA 92640 $y: t:apV to ft-tk basnsiiar shtr spprowal A MUNICIPAL CORPORATION This is to certify that the pcti ibis of inturimce as 42sc4bs4 below F:ave been issued to the insured by 0w uodarsirined and are in force at this time. 0 these palicies are cancelled or changed in wch a mannor that will affect this certificate, the Inturance company egtaets to give 'IQ days prior written notice, by mail, to City Of Huntim;lton Beath P. O. Box 711, Hu;atington Soath, Cairfamta 9268. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BS SIGNED AND DATED 3Y AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITIN4 By THE CITY ATTORNEY. Name of Insured _ :r"'erzfat e 'rso. Address cf Insureds ," Lrx-.tion of Work or Operations to be performed betcription of Mork or Operations POLICY OAfES LIMITS OF LIASMITY NAME OF COMPANY £f#naive I xpiration I'UY (C(1 $ tY3 FORCE I' POLICY 140. In Thousands (000) (IPiS.k GizN'-:RAL LIABILITY t£I C;gaRARFarENSlv>"ppRrs �" .. � �"'rµy � �,,`i� CSI. EmrfJ Ot:c4rttr+to PREMISES �OP"ERRTIt3fCS I Cafirt.OSIOr4 AND 'Gti-LJr.APSZ HAZARD t 1NOERC)IOUND HAZAP0 f. FiRonvclrs COa61aALEIrro OPERATIONS aiAZARO CONTRAO- VAL tOSURANCC i I 4aROAb POIRM PROPIE rTY tar< ACE k INQ�.PENOENT t ON'rRACTORS PrRSONAL INJURY AUTO` ORit,E t LABILITY t t Ci7J+iP1RY;tiE1151Lt£:Pr)R#CSL £aeh Arrtur+ntt EXCE;S`i VAICI LITY I I J404CI.LAFOAM I I QTtt£rt THAN S t. a J,r tut a L L A FORM WORKERS` COMPENSATION " o��: *t a„�f aa..,. ^� x•..� _t'�x F „,�,,...L'"`f y h'+,. 'F rr �y '^ �N�. EIMPi,pYEritS't.IttgI4ITY ,• .a..•, �: �� ArJd-Ional Insutesf Endorsements The hmrer *! vm that the City of Huntington B" kr and its City Council, end/or rill City Council atppairrtod grorap�, rt mrnitteat, ' commis3iont, bias,-ds ;and arrtr trther City Council appoiou i body, etrdlor elective and appointive oflicarsg snsvants or employees of the Cfey of I•iu,41100-e0 Seach, *hlin scrr`ng at 3OCh are additi011 Wuteds he,raunder, to tho acts of the irasured, and such irtsuran eS shahl be priit oy its any inwraoft of t" Ceti° of HmittUtgton fieacb,, as their Intertsst may appear, y; Date � SEtdTATIvS OF kt�,fiUti,1 E ` A INSURANCE COMPANY AtZTHOyI6x£O RY Aitr 5 � , �„ Addrvu Oty Oty - �.:,:h '^.:..•....'-rca'K•"ssrica.'-' _ .�sc'icm. ---> 'tr yc�z� . l40W 4ARMLIESS AGREEMENT (to be dxacutad by insured) 1. T irlstrred N `t ° r osto prots;t, def"d, indtimnify, nave, mild hold harmpl ss the City Of Hunibw, ;ton Srarah its rrffktrrs* ra nft, and emPlraYe" ag+airist any liability, kas, damage, cost, or expense by reason of any zoo all liability, stria, clairr-, kterat> nds, Odgmmtrts, wad csus4 pf zXogn 'owuved by infumad", hit employees, Hants ar any subcontractor or by any third. party ariaing otlt *for in cont%g4eh#t, of 1,1V perforroaro* of all Sir atty oporaations or activity for which this s artifiieate of insursattce is'frirnished. * ltftl5t (xrrtixIurslsYr+ 14 I"nrio [39 rue#rarl itif2ti4likllrlL +IGAIEi: eytrt;a44W.— ,�� y.. kills 9 tAII aNctr alwpol%a 9a*f»rod S/x'tVpmdy kr4zer4> k ,21, tits ttaxksrattartrcre,l ��«If"" �9"' �� p;iYaisara, T4C >ccrs rraustzin, or praaertf tttri¢irsners ai stitfsror;ilttra to air Gcarfaesra'tiiern,