HomeMy WebLinkAboutCC Resolution 9009 (Advertising Transit Shelt Agr)RESOLUTION NO. 9009_
A RESOLUTION AUTHORIZING THE SIGNING OF
AN ADVERTISING TRANSIT SHELTER AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The CITY MANAGER and CITY CLERK are authorized to
execute, on behalf of the City of San Rafael, an Advertising
Transit Shelter Agreement with Gannett Outdoor Company of
Northern California, a dba of Combined Communications
Corporation, a copy of which is hereby attached and by this
reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and
regularly introduced and adopted at a regular meeting of the
City Council of said City held on Tuesday, the seventh day
of September, 1993, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEA M. LEONC NI, City Clerk
ORIGINAL
/9069
ADVERTISING TRANSIT SHELTER AGREEMENT
This Advertising Transit Shelter Agreement ("Agreement") is
made and entered into this 7th day of September , 1993 by
and between the City of San Rafael, a municipal corporation and
charter city ("City") and Gannett Outdoor Co., of Northern
California, a dba of Combined Communications Corp. ("Contractor").
WHEREAS, City desires to enter into an advertising transit
shelter program agreement for the benefit of users of Mass Transit
within City, which agreement will provide for the placement of
transit shelters which may carry advertising on public property;
NOW, THEREFORE, City and Contractor agree as follows:
I. GRANT OF ADVERTISING TRANSIT SHELTER RIGHTS AND PRIVILEGES.
A. Riahts Granted.
City hereby grants to Contractor, the exclusive right to
erect and maintain advertising transit shelters on City property
during the term of this agreement. City further grants to
Contractor the exclusive right to place advertising on or
immediately adjacent to shelters as authorized under this
agreement. It is understood by Contractor, in the exercise of its
rights under this agreement that it or its employees or approved
subcontractors will sell advertising space to individual
advertisers, under this agreement.
B. Riahts Retained.
Contractor acknowledges that City intends to and hereby
does retain and reserve all advertising rights which are not
specifically granted by this agreement, including but not limited
to the right to license or otherwise provide for the use of any
trade name, trademark or other identifying device or symbol used,
owned or registered by City.
C. Ownership.
The advertising transit shelters shall be the property of
Contractor for the duration of this agreement and any extension to
this agreement entered into under the terms of this agreement.
Upon termination of this agreement at the expiration of the
specified term or otherwise, City may elect to take title to the
advertising transit shelters without cost to City. If this
agreement is terminated because of Contractor's default, at City's
election, the shelters shall be come the property of City without
any payment to Contractor. City is not obligated to continue an
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COPY
Advertising Transit Shelter Agreement.
D. Initiallv Authorized Advertisina Transit Shelters.
1. General.
In accordance with the exclusive right to erect and
maintain advertising transit shelters on City property and for
exclusive advertising rights as granted above, City authorizes,
subject to change at the sole and exclusive discretion of City,
shelters and advertising as set forth below.
2. Number of Shelters.
The minimum number of shelters to be built and
maintained under this agreement is fifteen (15). City may, in its
sole discretion, elect to require an increase in the number of
shelters in increments of five (5) shelters. There is no guarantee
that City will request more than f if teen (15 ) shelters; thirty -f ive
(35) shelters is the maximum Contractor would be required to
construct without further amendment to this agreement. Five (5) of
the initial fifteen (15) shelters will be installed within sixty
(60) days of issuance of building permits therefor, as specified in
Section III.B. below. The remaining ten (10) shelters will be
completed within six (6) months of the date of issuance of permits
therefor by City. Additional shelters will be installed in
increments of five (5), as the City allows expansion of the
program.
3. Location.
The sites at which the initial fifteen (15)
advertising transit shelters will be erected are listed in "Exhibit
All attached to and hereby incorporated into this agreement. The
shelter sites listed in "Exhibit All represent primary boarding
points, transfer points, stops adjacent to major trip generators,
or locations requiring particular protection from the elements.
Should any of these sites be deemed unsuitable by the City
Department of Public Works or Planning Department, alternate
locations will be selected by City so that Contractor will have a
minimum of fifteen (15) sites available for construction of
shelters during the first year of this agreement. Additional
shelter locations will be identified as needed at City's sole
discretion.
City shall retain the right to designate all shelter
locations, but shall consider input of Contractor and shall
cooperate with Contractor to the extent possible in designating
locations. However, it shall be Contractor's responsibility to
determine the siting of shelters along bus zones and to present
site plans to the City's Public Works Department and/or Building
Department for approval as specified in this agreement. City shall
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cooperate with Contractor in determining shelter siting on a
designated location. If a site is found by Contractor to be
unsuitable or economically infeasible to construct a shelter,
Contractor may appeal to the City Manager for site abandonment and
site substitution.
City shall have right to require Contractor, at its
sole cost, to remove or relocate shelters for the convenience of
pedestrians, bus patrons and/or the general public or because of a
change in bus stop location or bus route. Contractor shall not be
obligated to relocate more than three (3) shelters in any 12 -month
period. Contractor may not relocate or remove a bus shelter
without City's permission. City may also require or permit a
shelter to be removed or relocated if the maintenance and repair
record of Contractor indicates that the shelter cannot be
maintained properly due to excess vandalism.
It is mutually acknowledged and agreed that
advertising, and the grant of advertising rights provided for
herein, are only incidental to City's transportation interests and
concerns which may undergo changes affecting the advertising rights
granted herein. City accordingly shall have no liability to
Contractor for any change in routes, in the number of transit
vehicles operated in ridership, or for any other change affecting
the level or scope of advertising authorized by City. It is
further mutually acknowledged and understood that City shall have
no liability to Contractor for any change in routes, vehicles,
ridership, level or scope of service by any transit entity
operating within City which may affect the level or scope of
advertising authorized under this agreement. Contractor
acknowledges that the number of transit shelters available for
advertising and/or space available on any given shelter may vary
from time to time for various reasons including legislative
determinations by City relative to the desirability of having
advertising displays in a particular area. City will give
Contractor a minimum of ninety (90) days' notification of any
decision regarding changes in transit shelter advertising. City
will designate a replacement for any such transit shelter site
deleted. Contractor agrees that any and all contracts it enters
into with advertisers will contain a clause permitting cancellation
without penalty, except for proration of fee, upon sixty (60) days'
notice.
II. Duration of Contract.
The duration of this contract will be for a period of fifteen
(15) years commencing from the commencement date. For purposes of
this agreement, "commencement date" means the date installation of
the first shelter is put into operation.
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III. Construction and Desian.
A. Shelter Design - General.
Gannett will build illuminated shelters according to the
design mutually agreed to by the City of San Rafael and Gannett.
Illumination will be provided wherever possible and if normal power
is not available Gannett will consider the use of Solar Power if
feasible. Each shelter shall contain a maximum of one two-sided
advertising panel. The City and Contractor may agree to have a
separate advertising panel or panels, if it is not feasible to have
an advertising panel attached to a shelter. The City of San Rafael
may choose any of the custom Designed Gannet Shelters currently
available which are the strongest, most durable, and best designed
in North America, or the City may work with Gannett to design an
acceptable shelter that will meet their individual needs.
B. Permit ADuroval.
Within sixty (60) days after the execution of this
agreement and approval of Contractor's shelter design(s) ,
Contractor shall submit location drawings for all sites at which
shelters are to be erected during the first six months of this
agreement. Such drawings and/or plans shall comply with all
applicable City building codes and regulations, and meet all
Federal and State accessibility standards. Contractor shall obtain
and pay for any and all necessary permits and fees regularly
assessed by City, State or Federal agencies pertaining to site
development and shelter construction. The City's current permit
fee shall not exceed One Hundred Twenty -Five Dollars ($125.00) per
shelter. The City reserves the right to increase said permit fee
at any time consistent with applicable law. City may, in its
discretion, hold public hearings for each group of sites prior to
approving and issuing encroachment and excavation permits. If
Contractor has faithfully submitted adequate site plans and
adequate designs, City agrees to approve permits for construction
of a minimum fifteen (15) sites within ninety (90) days of
Contractor's adequate submittal.
C. Shelter Construction.
1. Shelter installation may require the removal of
physical obstructions. Written approval will be obtained by
Contractor from City for all alterations, removals or changes of
any such obstructions.
2. Shelter placement on a site shall be approved in
accordance with the site drawings submitted above and in the
reasonable discretion of the City Building Department and
Department of Public Works.
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D. Utilities.
Contractor is responsible for determining what utility
lines lie beneath the shelter site and for showing them on the
location drawing. City shall cooperate with Contractor in
obtaining this information. As noted above, the City must approve
the location drawing and issue excavation and encroachment permits
before construction work commences on a particular site.
E. Construction Sites.
When each shelter installation is complete, Contractor
shall remove all excess materials and restore the work area to its
pre -installation condition. All aspects of this work shall comply
with City specifications.
F. Minimum Shelter Desian Specifications.
1. Shelters shall be in accordance with the standards
mutually agreed to by City and Contractor chosen by City from any
of the "Gannett Shelters" currently available as set forth on
Exhibit "B" attached hereto.
2. Shelters shall meet current State and Federal
regulations for accessibility.
3. Shelters shall have individualized or other seating
that discourages lying down, accommodates a minimum of three people
and can be removed if necessary.
4. Shelters shall be illuminated at night from dusk
until dawn where possible. Shelters shall not be illuminated so as
to be hazardous to passing vehicle operators. Unless an exception
is permitted by the Director of the Department of Public Works, all
shelters shall have underground electrical connections.
5. Each shelter shall have a bench, roof and side
panels. Shelters shall contain no more than one two-sided backlit
advertising panel designed to accommodate a poster no larger than
4 feet wide by 6 feet high. The advertising panel shall be located
on the "downstream" side of the shelter, the back panel or the
sidewalk area immediately adjacent to the "downstream" side of the
shelter so that persons using the shelter shall have unimpeded
visibility of approaching buses from the "upstream" side. If City
and Contractor mutually agree, the advertising panel may be a
freestanding unit separate from the shelter, if it is not feasible
to construct a shelter at a given location with an advertising
panel.
6. Shelters shall contain a shelter plaque identifying
the name and telephone number of the service company maintaining
shelter, the name, address, and telephone number of Contractor, and
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the shelter's location, description and number.
7. Shelter shall contain a secure illuminated panel for
transit information designed to hold a system route map and
schedule information.
8. Materials and design shall conform to all applicable
public works and electrical codes.
G. Advertising Displays.
1. Unsold Space. Notwithstanding any other provision
of this agreement, City, at no charge to City, shall have the
option to unlimited use of unsold space on a space available basis.
The City Director of Public Works shall notify Contractor of City's
intention to use the unsold advertising space within thirty (30)
days prior to date on which City's use will begin. Contractor
shall post City messages at no cost. Gannett shall give thirty
(30) days notice of all available unsold space.
H. Desian Considerations and Use of Advertisina Materials.
It is the intent of both City and Contractor to provide
an advertising program which is effective, aesthetically pleasing
and mutually beneficial. The parties accordingly agree to maintain
throughout the term of this agreement a continual liaison and
exchange of information to assure successful implementation of the
agreement and to use advertising materials and technology which
will enhance the appearance and image of the transit shelters.
Contractor shall include in any contracts with
advertisers a clause acknowledging City's right to require removal
of advertisements under this section.
No advertisements for alcoholic beverages or tobacco
products will be permitted.
Contractor will not display any advertisements containing
any words, phrases, symbols or characters that may interfere with
or mislead vehicular traffic.
Contractor will not excessively illuminate any
advertising display so as to interfere with public safety,
vehicular traffic or public welfare.
IV. MAINTENANCE AND OPERATION.
A. Pavment of Electricitv.
Contractor will furnish and pay for all charges for
electrical connections and electricity used and supplied to the
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shelters. All liability related to electrical connection,
installation, repair for transit shelter construction, operation
and maintenance shall be the sole responsibility of Contractor, and
Contractor shall defend, indemnify and hold harmless City against
any and all costs, charges and damages arising out of use,
maintenance and construction thereof. City shall cooperate and
allow Contractor to use power from City sources such as street
lights and stop lights whenever feasible at a flat rate based on
actual usage. Said rate shall be reviewed on a yearly basis and
adjusted accordingly.
B. Maintenance Schedule.
Contractor shall maintain shelters weekly or more often
if necessary to keep shelters free of litter, graffiti, posters and
debris. Contractor shall inspect the lighting fixtures and replace
defective lights as necessary on each maintenance visit.
Contractor shall clean surrounding area on each maintenance visit
to each shelter. Contractor shall high pressure wash each shelter
at least once each month using modern cleaning equipment.
Contractor shall conform with the maintenance standards
set forth in this agreement and be responsible for maintaining
shelters in first-class, "like -new" condition throughout the life
of this agreement, including refurbishing, reconditioning, and, if
necessary, replacing worn shelters. Contractor shall keep a log of
shelter inspections and maintenance work performed and make it
available for review as required by the Director of the Department
of Public Works. If Contractor does not perform to the required
maintenance standards or maintain a schedule of maintenance and/or
fails to correct outstanding deficiencies within the required
notification periods, City shall be entitled to correct the
deficiencies and bill Contractor for the work performed.
C. Renair of Damaaes.
Contractor shall, at its sole expense, replace or repair
any and all damaged or defaced shelters or parts of shelters within
four (4) working hours after oral or written notice of damage tc
Contractor by City, concerned citizens or Contractor's employees.
If any damage should render the shelter dangerous, Contractor shall
respond immediately to repair or remove such shelter or its
dangerous portion 24 hours a day, seven days a week. Contractor
shall provide a telephone contact number posted on the shelter for
purposes of such notification as well as maintain effective
staffing for the purpose of receiving routing and emergency
notifications and provide said telephone numbers and procedures to
City in writing. If the shelter is destroyed, Contractor shall
remove the shelter remains within 24 hours of notification and
replace the shelter within thirty (30) days of notification. In
conjunction with such removal, Contractor shall, at its own
expense, restore the affected sidewalk and curb area to a safe,
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finished condition.
V. PAYMENT.
Contractor will guarantee City the sum of Ninety Dollars
($90.00) per month for each advertising transit shelter or shall
provide the City eighteen (18%) percent of gross advertising
revenue (gross sales minus agency commission), whichever is
greater. The guaranteed monthly payment of $90.00 shall increase
by two dollars ($2.00) per year on the annual anniversary of the
commencement date. Contractor shall prepay $25,000 as the first
year's payment within 30 days of the commencement date; Contractor
shall not be entitled to a refund even if $25,000 exceeds the
amount the City would have otherwise been entitled to pursuant to
the terms of this Agreement unless the City fails to issue at least
15 permits as provided in this Agreement. An accounting of
advertising revenue and any sums due as a result of the alternative
minimum eighteen (18%) percent guarantee shall be made for and paid
to City on a monthly basis. For the purposes of this agreement,
"operation" means advertising copy has been placed on the display.
However, once advertising has initially been placed on the display,
Contractor's inability or failure to sell all or a portion of
advertising space on the display or other shelters shall not affect
Contractor's obligation to pay City the minimum monthly sum of
Ninety Dollars ($90.00) per month per shelter placed in operation.
VI. NO UNAUTHORIZED ASSIGNMENT.
Contractor shall perform within its own organization all work
specified and required in this agreement. No assignment or
transfer in whole or in part of this agreement shall be made
without the prior written consent of the City. It is understood by
the parties to this agreement that Contractor intends to and shall
be permitted to subcontract for maintenance and construction of the
advertising transit shelters without written consent of City.
VII. DEFAULT OF CONTRACTOR.
In the event that Contractor shall fail to carry out any term,
covenant, condition or promise set forth in this agreement, City
shall have and may elect any of or all of the following remedies:
A. Termination.
City may serve on Contractor thirty (30) days' written
notice of termination of this agreement, and if Contractor does not
cure the default within thirty (30) days of said notice, City may
terminate this agreement and may assume title to the shelters and
assume all advertising contracts of Contractor relating to this
agreement. Contractor thereafter shall not be entitled to any
revenues whatsoever on advertising in place after the termination
date. In the event of such termination, the parties agree that due
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to the nature of the breach, City's actual damages would be
impracticable and extremely dif f icult to fix, and the City shall be
entitled to immediate payment of the full amount of the letter of
credit provided for in Section VII. F. ("Letter of Credit Security
Deposit") hereof as liquidated damages to cover the cost of
maintenance to the shelters to City hereunder. City shall also be
entitled to make a demand on the construction performance bond if
Contractor has not fulfilled its construction obligations. No such
termination of this agreement by City shall in any way affect the
obligations of Contractor or the rights of City which had accrued
prior to such termination.
B. Actual Damages.
In the event that City elects not to serve a notice of
termination of this agreement or if such notice is served but
Contractor's default is cured, then City shall be entitled to
recover from Contractor any loss or damage which City may have
incurred by reason of Contractor's default. Furthermore, City may,
if it chooses to do so, utilize the procedure set forth in Section
VII. F. ("Letter of Credit Security Deposit") to resolve its claim
for loss or damage.
C. Transfer of Title.
In the event any default is not timely cured and City
terminates this agreement, title to all transit shelters shall
immediately transfer to City without cost to City.
D. Other Remedies.
The exercise of the remedies provided for in this section
shall be cumulative and shall in no way affect any other remedy
available under the law to City.
E. Default of Citv.
Contractor may cancel this agreement and terminate its
obligations hereunder at any time subsequent to the commencement of
the term or any extension thereof, upon or after a material breach
of this agreement by City, which is not cured within ninety (90)
days after the receipt of written notice from the Contractor of the
existence of such breach. Contractor shall then be entitled to
return of its letter of credit and rescission of its obligation to
maintain its performance bond and all remedies provided by law.
F. Letter of Credit Securitv Deposit and Performance Bond.
1. Letter of Credit. Within seventy-two (72) hours
after receiving notification of award of this agreement, Contractor
shall establish and throughout the term of this agreement shall
maintain a confirmed irrevocable letter of credit in favor of the
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City, a municipal corporation acting by and through its Department
of Public Works, in the amount of Twenty Thousand ($20,000.00)
Dollars. The letter of credit shall have an original term of. one
(1) year with automatic extensions of the full Twenty Thousand
($20,000.00) Dollar amount throughout the life of the contract.
The letter of credit shall provide that payment of the entire face
amount of the letter of credit, or any portion thereof, shall be
made to the City upon presentation of a written demand to the bank
signed by the Director of the Department of Public Works on behalf
of the City. The letter of credit shall constitute a security
deposit guaranteeing faithful performance by Contractor of all
terms, covenants and obligations of this agreement including
monetary obligations set forth herein.
If Contractor defaults with respect to any provision
of this agreement, City may, but shall not be required to, make its
demand under the letter of credit for all or any portion thereof to
compensate City for any loss or damage which City may have incurred
by reason of Contractor's default. City shall present its written
demand to the bank for payment under the letter of credit only
after City shall have made its demand for payment directly to
Contractor, and five (5) full business days have elapsed without
Contractor having made payment to City. City need not terminate
this agreement in order to receive compensation for damages. If
any portion of the letter of credit is so used or applied,
Contractor, within ten (10) business days after written demand
therefor, shall reinstate the letter of credit to its original
amount. Contractor's failure to do so shall be a material breach
of this agreement.
The letter of credit shall provide for sixty (60)
days' notice by the bank to City in the event of a non -extension of
the letter of credit. In that event, Contractor shall replace the
letter of credit at least ten (10) business days prior to its
expiration. If Contractor fails to do so, City shall be entitled
to present its written demand for payment of the entire face amount
of the letter of credit. Any amount so received by City shall be
returned to Contractor upon replacement of the letter of credit.
2. Performance Bond. Prior to applying for a building
permit, Contractor must file with the City a construction
performance bond in a sum not less than Thirty -Five Thousand
($35,000.00) Dollars to guarantee faithful performance of
Contractor's construction obligations under this agreement. Upon
written approval by City of satisfactory completion of the initial
fifteen (15) transit shelters provided herein, City agrees said
bond may be released.
VIII. INDEMNIFICATION.
Contractor hereby covenants and agrees to, and shall,
indemnify, save harmless and defend, the City of San Rafael, its
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agents and/or employees against all claims, demands, costs, and
liabilities for damages of any kind or nature arising out of or
occasioned by Contractor's performance of its obligations pursuant
to this agreement. However, this indemnity does not extend to any
loss, damage or expense arising out of the negligence or willful
misconduct of the City of the City's employees.
IX. INSURANCE.
Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, his agents,
representatives, or employees.
A. Minimum Scope of Insurance.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General
Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
4. Errors and omissions liability insurance appropriate
to the Contractor's profession.
B. Minimum Limits of Insurance.
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for
bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply
separately to this project/ location or the general aggregate limit
shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for
bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for
bodily injury or disease.
4. Errors and omissions liability: $1,000,000 per
occurrence.
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C. Deductibles and Self -Insured Retentions.
Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City,
either the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall
procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions.
The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees and
volunteers are to be covered as insureds as respects: liability
arising out of activities performed by or on behalf of the
Contractor; products and completed operations of the Contractor;
premises owned, occupies or used by the Contractor; or automobiles
owned, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees or
volunteers.
2. For any claims related to this project, the
Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees or volunteers shall be
excess of the Contractor's insurance and shall not contribute with
it.
3. Any failure to comply with reporting or other
provisions of the policies including breaches of warranties shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
4. The Contractor's insurance shall apply separately to
each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the City.
E. Acceptability of Insurers.
Insurance is to be placed with insurers with a current
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A.M. Best's rating of no less than A:VII, unless otherwise
acceptable to the City.
F. Verification of Coveraae.
Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The
endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The endorsements are to be
on forms provided by the City. All endorsements are to be received
and approved by the City before work commences. As an alternative
to the City's forms, the Contractor's insurer may provide complete,
certified copies of all required insurance policies, including
endorsements effecting the coverage required by these
specifications.
X. NONDISCRIMINATION.
During the performance of this agreement, Contractor will not
discriminate against any employee or applicant for employment be-
cause of race, religion, creed, color, national origin, sex or age.
XI. LEGAL RELATIONSHIP.
The parties hereby declare that it is not their intention by
this agreement or any of the terms thereof to create a partnership,
joint venture or agency relationship between them. It is further
understood and agreed that Contractor, including his/her agents and
employees, is not an agent or employee of the City, but rather
solely responsible for his/her acts and omissions. Nothing in this
agreement shall in any way be construed to constitute the
Contractor, or any of its agents or employees, as an agent,
employee or representative of the City.
XII. NOTICE.
All notices required or permitted by this agreement, including
notice of change of address, shall be in writing and given by
personal delivery or sent by United States Mail, postage prepaid
and addressed to the parties intended to be notified. Notice shall
be deemed given as of the date of delivery in person or as of the
date deposited in any post office or any post office box regularly
maintained by the United States Government. Notice shall be given
as follows:
city: City Clerk
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
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Contractor: Gannett Outdoor Co. of Northern California
a dba of Combined Communications Corp.
811 Folsom Street
San Francisco, CA 94107
XIII. ARBITRATION.
Any dispute between the parties regarding their rights under
this agreement shall be submitted to binding arbitration.
XIV. MODIFICATION OF AGREEMENT.,
This agreement constitutes the entire agreement between the
parties.
IN WITNESS WHEREOF, the parties hereto have executed this
document the day, month and year first above written.
CITY OF SAN RAFAEL:
y1Q'� '
Pamela J. kticolai, City Manager
ATTEST:
ahne M. Le ncini, City Clerk
APPROVED AS TO FORM:
lam/
Gary T. Ragghian
City Attorney
APPROVED:
CONTRACTOR:
(NameQ& Title)
W96 6 C srs two. 03:4►� Lv*/
(Address)
15E1uc&U—=y CA- 9'V7/0
City State Zip
g'&-0alLf 139
Taxpayer I.D. Number
015.38''.5
San Rafael
Business License Number
Ransom Coleman, Finance Director
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