HomeMy WebLinkAboutContracts & Agreements_233-2005_CCv0001.pdf ELECTRICAL POWER AGREEMENT
FOR BUS SMELTER LIGHTING
This agreement for the provision of electrical power for bus shelter fighting("Agreement")
is made and entered this 15th day of November 2005 ('Effective Date")by and between the City
of Redlands, a municipal corporation (hereinafter "City") and Lamar Martin Corporation, dba
Lamar Transit of San Bernardino, a California corporation, (hereinafter "Lamar"), who are
sometimes individually referred to herein as a"Party,"and collectively, as the"Parties."
In consideration of the mutual promises contained herein, and for such other good and
valuable consideration, the receipt of which is hereby acknowledged, the City of Redlands and
Lamar Martin Corporation, dba Lamar Transit of San Bernardino agree as follows:
1. Provision of Electrical Power. Where reasonably available,City shall provide access to
an electrical power source required to illuminate Lamar's bus shelters, as those bus shelters are
described within the Bus Shelter Services Agreement between City and Omnitrans dated December
2,2003(the"Bus Shelters")located within the City for a monthly payment of$15.00 for each Bus
Shelter. City shall invoice Lamar on a semi-annual basis and the invoice shall be due and payable
by Lamar within thirty (30)days of the date of the invoice. All invoices shall include the agreed
upon monthly charge for each Bus Shelter, plus an administrative fee in the amount of fifteen
percent(15%)of the invoice. In the event the electrical rate the City pays the utility company for
electrical power changes, the monthly payment paid by Lamar shall be adjusted by City by
providing evidence ofthe change ofrate and by using the same percentage change in rate established
by the utility company.
2. Term. This Agreement will commence on its Effective Date and end on August 3,2009
("Initial Term"). Either Party may, by written notice to the other, terminate this Agreement by
specifying the date thereof,at least sixty (60)days prior to the date of such termination.
3. Work Obligations of Lamar. Lamar shall obtain and pay for all necessary City permits
and all materials,tools and equipment required for completion of the work necessary to light its Bus
Shelters. The term "work" under this Agreement is defined as: installation and maintenance of
electrical hardware providing electrical power to the Bus Shelters. The electric connection shall be
used only for the purpose of illumination of the Bus Shelter and/or advertisement panels attached
to the Bus Shelters. All structures, equipment and materials placed upon City property by Lamar
pursuant to a City encroachment permit shall remain the property of Lamar, and may be removed
pursuant to a City encroachment permit by Lamar at any time prior to or within sixty(60)days after
Power'Lease-Bus Shelters 1
the expiration of the initial ten-n, or any extension of this Agreement.
4. Inv
gress/Egress, During the term of this Agreement,Lamar shall enjoy ingress and egress
over City's property to properly maintain and service the electrical power supply located at the 5 amp
fused pull box connection area to the associated Bus Shelter, on an as needed basis.
5. Defense/Indemnity Obligations. City shall not be liable to Lamar or Lamar's employees,
patrons or visitors for any damage to persons or property caused by any action, omission or
negligence of Lamar, its employees, patrons or visitors. Lamar shall defend, indemnify and hold
City, its elected officials, officers, employees and agents harmless from and against any and all
actions, damages, losses, causes of action and liability imposed or claimed relating to the injury or
death of any person or damage to any property, including attorneys' fees and other legal expenses,
arising directly or indirectly from any negligent act or omission of Lamar in performing its
obligations under this Agreement, including but not limited to, any damages resulting from the
interruption of the electrical power supply not caused by,or resulting from,City's negligent acts or
omissions.
6. Insurance. Lamar shall continuously maintain throughout the term of this Agreement,
commercial general liability insurance covering the electrical supply connection as set forth in"Bus
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Shelters Agreement" entered into on December 2, 2003 or subsequent Bus Shelter Services
Agreements between City and Omnitrans,
7. Notices. All notices shall be made in writing and may be given by personal delivery or
by mail. Notices, sent by mail shall be addressed as follows:
City Lamar
Ronald C. Mutter Randy Straub
Public Works Director VP/General Manager
City of Redlands Lamar Outdoor Advertising
35 Cajon Street, Suite 222 108 N. Waterman Avenue
PO Box 3005 (mailing) San Bernardino, CA 92408
Redlands, CA 92373
DJ.%4',-A,,reen-&iiis',filectricaI Power Lease.Bus Shelter,
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to who notices and payments are
to be given by giving notice pursuant to this section.
8. Entire Agreement/Modification. This Agreement represents the entire agreement of
the Parties as to the matters contained herein. Any amendment to, or modification of, this
Agreement shall be effective only if it is in writing and signed by the Parties.
9. Attorneys' Fees. In the event any action is commenced to enforce or interpret the
provisions of this Agreement the prevailing Party shall, in addition to its costs and any other relief,
be entitled to the recovery of its reasonable attorneys' fees, including any fees of in-house counsel
of the respective Parties at rates prevailing in San Bernardino County, California.
10. Goveminiz Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Venue shall be in San Bernardino County, California.
11. Assijanment. This Agreement shall inure to the benefit of,and be binding upon,the
successors and assigns of the Parties.
12. Time of Essence. Time is of the essence for each and every provision ofthis Agreement.
IN WITNESS WHEREOF, the Parties hereto et their hands and seals,on the day and year
written above.
Lamar Martin Corporation,
dba mar Transit f San Be ardino
City of edlan s ATTEST:
SusinPeppler, Mayor City Clerk
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Correspondence - Councilmember-Elect Gallagher - On motion of Council-
member Gilbreath, seconded by Councilmember Gil, the City Council
unanimously received and filed a memorandum from City Attorney McHugh
regarding correspondence with Councilmember-Elect Gallagher.
Proclamation - Bully Free Community - On motion. of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
authorized issuance of a proclamation declaring Redlands to be a community
striving to be "Bully Free" and recognizing the Girl Scouts of San Gorgonio as a
leader in working to achieve this community goal.
Agreement - Bus Shelter Lighting - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
approved an "Electric Power Agreement for Bus Shelter Lighting" with
Lamar Advertising Company for the installation of lighting facilities in bus
shelters and authorized the Mayor to execute, and the City Clerk to attest
to,the document on behalf of the City.
Contract Award - Measure I Funds - Cypress Avenue Reconstruction Project -
Bids were opened and publicly declared on October 27, 2005, by the City Clerk
for the Cypress Avenue Reconstruction Project; a bid opening report is on file in
the Office of the City Clerk. The Public Works Department recommended that
the responsible bidder submitting the bid for said project which will result in the
lowest cost for the City was Laird Construction Company, Inc., Rancho
Cucamonga. On motion of Councilmember Gilbreath, seconded by
Councilmember Gil, the City Council unanimously determined that the Cypress
Avenue Reconstruction Project is considered a 'Class I Categorical Exemption'
pursuant to Section 15301 (c) of the California Environmental Quality Act
Guidelines which provides an exemption for the operation, repair and
maintenance of existing public facilities involving negligible or no expansion of
use beyond that previously existing which relates to existing highways and
streets, sidewalks, gutters, bicycle and pedestrian trails, except where activity
will involve the removal of a scenic resource. On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
appropriated an additional $642,000 from the Measure I fund to cover the cost
of construction of the Cypress Avenue Reconstruction project, including
administrative costs. On motion of Councilmember Gilbreath, seconded by
Councilmember Gil, the City Council unanimously awarded the contract for
construction of the Cypress Avenue Reconstruction project to Laird
Construction Co., Inc,
Resolution No. 6445 - Traffic - On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the City Council unanimously adopted
Resolution No. 6445, a resolution of the City Council of the City of Redlands
establishing the following traffic regulations pursuant to Title 10 of the
November 15,2005
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