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