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HomeMy WebLinkAboutCC Resolution 13342 (Advertising Transit Shelter Agr.)RESOLUTION NO. 13342 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AMENDMENT TO THE ADVERTISING TRANSIT SHELTER AGREEMENT WITH SUCCESSOR IN INTEREST CBS OUTDOOR, INC. WHEREAS, the parties entered into an Advertising Transit Shelter Agreement, dated September 7, 1993 ("Agreement"), under which CONTRACTOR assumed the obligation to install transit shelters in the CITY's right-of-way, on which CONTRACTOR could place advertising in exchange for compensation paid to the CITY; and WHEREAS, CBS Outdoor, Inc., the CONTRACTOR, is the successor in interest to Outdoor Systems, Inc., which was successor in interest to the original contractor, Combined Communications Corp. dba Gannett Outdoor Co. of Northern California; and WHEREAS, following expiration of the Agreement on September 6, 2008, the parties have continued to operate under the terms of the Agreement, but now desire to approve an Amendment extending and revising certain other terms of the Agreement; and WHEREAS, the parties wish to amend Paragraph II (Duration of Contract) of the original Agreement to extend the term for an initial period of 5 years, May 7, 2012 through May 7, 2017 and, by written agreement of both parties, for another 5 year period on the same terms, subject to the written approval of the Public Works Director; and WHEREAS, the parties wish to amend Paragraph V (Payment) of the original Agreement to raise the amount paid to the CITY by the CONTRACTOR; and WHEREAS, the parties wish to amend Paragraph XII (Notice) of the original Agreement to revise the recipients of notices as follows: CITY: Public Works Director City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 CONTRACTOR: CBS Outdoor Inc. 450 Lexington Ave. New York, NY 10174 WHEREAS, the parties wish to amend the Agreement to delete Paragraph XIII (Arbitration) and to renumber Paragraph XIV (Modification of Agreement) as Paragraph XIII.; and WHEREAS, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect for the term of this Agreement, as amended. Vic, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL resolves that it approves and authorizes the Director of Public Works to execute the Amendment to the Advertising Transit Shelter Agreement, a copy of which is hereby attached and by this reference made a part hereof. I, ESTHER BEIRNE, 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 Monday, the 7`h day of May, 2012 by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER BEIRNE, City Clerk File No.: 18.10.08 ANIENDNIENT'm ADVERTISING TRANsrr SHELTER AGREEMENT This Amendment to Advertising Transit Shelter Agreement is made and entered into this 7`'' day of May, 2012, by and between the CITY OF SAN RAFAEL ("CITY") and CBS Outdoor, Inc., as successor in interest to Outdoor Systems, Inc., which was successor in interest to the original contractor, Combined Communications Corp. dba Gannett Outdoor Co. of Northern Calii'ornia ("Contractor"). RECITALS WHEREAS, the parties entered into ata Advertising Transit Shelter Agreement, dated September 7, 1993 ("Agreeinent"), under which Contractor had the obligation to install in the CITY's right-oC-way transit shelters on which Contractor could place advertising in exchan,e fur compensation p.tid to the CITY; and WHEREAS, following expiration of the Agreement on September 6, 2008, the parties have continued to operate under the terms of the Agreement, blit now desire to approve an Amendment to the Agreement extending tile term of the Agreement and rex ising certain other- terms of the Agreement; AMENDMENTTO AGREEMENT NOW 'THEREFORE, the parties agree cis follows: Paragraph If of the Agreement is amended to read: "This Agreement evil) be extenders lbr it period commencing May 7, 2012 through May 7, 2017, and may be extended for another five year period on the same terms by the written agreement of the parties, subject to the written approval of the Public Works Director." Paragraph V of* the kgreenient is amended to read: -Contractor will pay C'I`f1' tlse sura of'one IlllrrdrCd and t�kerlt}-six dollars (5120.00) per nionth per shelter, which payment shall be adjusted annually hereafter each inlay Ist by the chalige ill tyle Collsti nCr Price lndeC for all Urban Consumers, San Francisco -Oakland -San .lose area, for the 12 niorith period ending the pre\ ious February, or alternatively will pay CITY twenty-five percent (25° t:) of the -rosy advertising revenue (gross sales mintsS agency commission) per motith from the shelters, whicliever payinciit is greater. Contractor 4vill ativise C'I'TY In writing on or before yi i} I" ol'eac:h year what thc; C'PI adjusted payment will be for the lollot%ing year. Contractor "ill provide: CITY with a �\ntt.en rnondily .accounting of the gross advertising revenue received from the shelters and the pa} iuent that would be t..}1t ed to CITY under this alternative payment method. Contractor %\ ill submit the: required payniunt to i;.:.l f1' v. ithin thin} i 3ti1 da\,s following the CoricluSioil of each month." P-9 IGINAL