HomeMy WebLinkAbout25F - AGMT - RFP - BUS SHELTER AND BENCH SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 17, 2013
TITLE:
AMENDMENT TO AGREEMENT WITH
CLEAR CHANNEL OUTDOOR, INC., AND
REQUEST FOR PROPOSALS FOR BUS
SHELTER AND BEN ERVICES
IT AGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Authorize the Public Works Agency to extend the bus shelter and bus bench services
agreement with Clear Channel Outdoor, Inc., for a period not to exceed 12 months, on a
month-to-month basis, subject to non-substantive changes approved by the City Manager and
City Attorney.
2. Approve issuance of a Request for Proposals to qualified firms for exclusive bus shelter and
bus bench services.
DISCUSSION
Since December 8, 2000, the City has had an exclusive agreement with Eller Media
Company/Clear Channel Outdoor, Inc., (Clear Channel) to provide bus shelters and benches in
the public right-of-way at bus stop locations throughout Santa Ana. This agreement was extended
and is set to expire on June 30, 2013. The purpose of having bus shelters and benches is to
provide bus patrons with shelter from the elements, a location visible to the public, a safer
environment at night, and a location for the disabled and elderly to rest while waiting for the bus.
Clear Channel provides 137 advertising bus shelters and 684 non-advertising bus benches, with
at least one trash container at each shelter or bench at OCTA bus stops in the city. Clear Channel
also provides two additional non-advertising shelters for public service announcements at
locations selected by the City.
In October 2012, the Environmental and Transportation Advisory Committee (ETAC) reviewed the
Bus Shelter Program and options for future improvements. ETAC approved their Ad Hoc
Committee's recommendations for a new bus shelter design by a vote of 4 to 0 (1 absent). After
researching recent bus shelter agreements with other Orange and Los Angeles County cities, it
was determined that declining advertising revenue could jeopardize RFP responses if there was
only a request for new bus shelters. Therefore, to increase the potential for RFP responses, staff
prepared a RFP Scope of Work that includes options for both the maintenance and refurbishing of
existing shelters and benches, and for the installation and maintenance of new bus shelters
(Exhibit 1).
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Amendment to Agreement with Clear Channel Outdoor, Inc.,
and RFP for Bus Shelter and Bench Services
June 17, 2013
Page 2
Staff is requesting City Council approval to extend the existing agreement with Clear Channel on a
month-to-month basis for up to 12 months for the purpose of completing a RFP process to solicit
proposals for the required services from qualified bus shelter and bus bench service providers.
Staff will return to the City Council with a recommended contract award, once the RFP evaluation
and selection process has been completed.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The extension of this agreement is expected to generate $20,000 per month in General Fund
revenue (Account 01117002-51004).
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II, .E.
Executive Director
Public Works Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
RG/CK
Exhibit: 1. Scope of Work
2. Amendment to Agreement
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Exhibit 1
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR BUS SHELTER AND BUS BENCH SERVICES
SCOPE OF WORK
DESCRIPTION AND SCOPE OF WORK
The City of Santa Ana is issuing this Request for Proposals (RFP) for bus shelter and
bus bench maintenance services. Staff requests a response to Proposal 1 and the
Alternate Proposal. A response to Proposal 1 and the Alternate Proposal is mandatory.
A. PROPOSAL 1 - a response to Proposal 1 is mandatory.
ITEM 1 BUS SHELTER AND BUS BENCH MAINTENANCE AND REPAIR
Item 1 is to provide bus shelter and bus bench maintenance services for the current
inventory of 137 advertising bus shelters, 2 non-advertising bus shelters, and 684
non-advertising benches, with at least one associated trash container at each shelter
or bench for bus stops identified by the Orange County Transit Authority (OCTA) in
the City. The Proposer shall provide a percentage of net revenue (advertising
revenue less the bus shelter maintenance cost herein requested) to be paid to the
City as an Exclusive Agreement Fee, the projected net revenue, and the annual
dollar amount this percentage would represent (Exhibit B). Contractor is to maximize
advertising opportunities and revenue. Should the City choose to add additional bus
shelters, that shall be done at its own cost including installation by others, Proposer
will apply the same calculation to added shelters for the advertising revenue and
include that in the annual Exclusive Agreement Fee.
Maintenance And Repair Specification For Bus Shelters And Bus Benches
The Contractor shall maintain, repair, clean, and service all shelters and benches,
keeping them, their appurtenances, and the immediate surrounding areas in a safe,
clean, attractive, and sanitary condition. The Contractor shall be at liberty to enter
into and upon shelters and benches between the hours of 7:00 a.m. and 6:00 p.m.,
Monday through Saturday, with personnel and all necessary equipment and
materials to provide for the satisfactory maintenance, clean-up, and trash removal on
each shelter/bench a least twice each week. Each shelter, bus bench and the 10-
foot area surrounding the shelter/bench shall be completely steam cleaned as
needed, but not less than twice each year. Should the City determine that any
shelter or bus bench is in need of a cleaning, Contractor shall clean, or have
cleaned, such area within forty eight (48) hours after notification by the City.
The Contractor Shall repair, remove, or replace damage, vandalism, or graffiti,
including etching and other forms of graffiti and/or vandalism damage, within forty-
eight (48) hours after having been found at the time of a routine maintenance call or
upon notification by the City. If shelter or bench damage or vandalism is such that
the public could be exposed to a dangerous situation while in or near the shelter or
bench, the Contractor shall repair or, if necessary, remove the entire shelter or bench
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within twenty-four (24) hours of notification, and it shall be replaced and fully
operational at the same location within five (5) working days after removal.
The Contractor shall furnish to the Executive Director of Public Works, or his
designee, a monthly, updated database summary report of its shelter maintenance
operations in a GIS mapping format (format to be approved by the City). All
maintenance work and corrective actions shall be performed at the expense of the
Contractor.
Contractor's personnel, equipment, and/or vehicles shall not block automobile or
bicycle travel lanes without proper warning signs and traffic delineation devices
properly placed in accordance with City policies.
ITEM 2 - SECURE BIKE FACILITY MAINTENANCE AND REPAIR
SPECIFICATION
ITEM 2 is to provide secure bike facility maintenance to three secure bike facilities.
Proposer is to determine annual cost to the City (Exhibit B).
The City will be installing three secure bike facilities at various locations throughout
the City. Bike units are a transparent, modular type system with vertical mounts for
bike storage, per the following:
• Contractor shall coordinate marketing and advertisement with City of Santa Ana
for public outreach and awareness and includes provision of graphics for panels.
• Service shall include necessary maintenance and repair as required to ensure
safety, proper function and use.
• Facilities shall be inspected on a weekly basis for leaks, corrosion, dents,
bulging, rust, broken glass, graffiti, inoperative lights, and/or other damage and
repaired/replaced when necessary, within 1-week period, pending lead time of
parts.
• Address graffiti within a 24 hour period.
ITEM 3 - REFURBISH AND REPAINT EXISTING BUS SHELTER, BUS BENCH
AND TRASH CONTAINER INVENTORY
ITEM 3 is to refurbish and repaint the existing bus shelter, bus bench and trash
container inventory, in place, at the rate of 10 - 15 bus shelters and associated bus
benches and trash containers per year. Proposer is to determine annual cost to the
City (Exhibit B).
B ALTERNATE PROPOSAL - a response to Alternate Proposal is mandatory.
The Alternate Proposal is to provide bus shelter and bus bench maintenance
services in addition to replacing the current inventory count with new advertising bus
shelters, new non-advertising benches, with at least one associated new trash
container at each shelter or bench for bus stops identified by the Orange County
Transit Authority (OCTA) in the City. For purposes of this proposal, assume a cost of
$10,000 per new shelter to the proposer, and assume shelters are replaced at the
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rate of 14 per year. Proposer to provide percent of net revenue (advertising revenue
less maintenance cost) to be paid to the City as an Exclusive Agreement Fee, the
projected net revenue, and the annual dollar amount this percentage represents
(Exhibit B). Contractor is to maximize advertising opportunities and revenue. Should
the City choose to add additional bus shelters at its own cost including installation by
others, Proposer will apply the same calculation to these shelters and include in the
annual Exclusive Agreement Fee. (Should the Proposer determine that providing
new shelters is not financially supportable, a statement to this effect will be
considered responsive.)
Bus Shelter and Bus Bench Installation
Prior to commencement of construction, the Contractor shall obtain the written
approval of all plans and specifications for the bus shelter improvements to be
constructed. No modification of said plans, specifications, or improvements shall be
made by the Contractor without approval thereof by the City. Contractor agrees that
the City may have an inspector on site at any time during the construction. The
Contractor shall construct, perform, complete, and maintain all construction and
installations covered by the Agreement in a good and workmanlike manner and with
high quality materials, and shall furnish all tools, equipment, labor, and material
necessary to perform and to complete the same. Upon completion of the
improvements, Contractor shall furnish the City with one (1) complete set of as-built
construction drawings with a maximum size not to exceed 24" x 36" in ink on Mylar.
Upon review by and consultation with the City Attorney, the Contractor shall provide
such insurance coverage as the City reasonably deems necessary for the
contemplated installation.
II. CONTRACTOR RESPONSIBILITIES
A. ELECTRICAL SERVICE
The Contractor shall apply for and obtain at its own cost any necessary electrical service
permits from the Southern California Edison Company. Metered electrical charges shall
be at the Contractor's sole expense. Solar powered electrical lighting systems are not to
be used.
B. ADVERTISING
The City reserves the right to require the Contractor to transmit to the City color copies
of any or all advertisements proposed to be placed in the shelters for review prior to the
ads being placed. Should the City, at its sole discretion, determine any advertising on
any shelter to contain harmful and offensive matter or constitutes a display that is likely
to interfere with, mislead, or distract traffic, or conflict with any traffic control system, the
Contractor shall remove all such advertising within twenty-four (24) hours after the City
serves a written notice upon the Contractor to remove such advertising.
C. PUBLIC SERVICE MESSAGES
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The Contractor shall, at least four (4) times per year, for at least twenty-eight (28)
calendar days each time, display at least one (1) public service announcement in lieu of
paid advertising in up to fifteen (15) bus shelters identified by the City. Contractor shall
arrange for, at its own cost and expense, production, service and installation of the
public service announcements upon consultation with the City. The City shall be
entitled to specify certain public service messages to be displayed and shall approve all
public service messages.
D. CHANGED LOCATIONS
In the event that a bus route is altered or deleted such that any bus shelter/bench will no
longer serve as an active bus stop location, the Contractor shall, within thirty (30) days
after notification from the City of Santa Ana, relocate the bus shelter/bench and
appurtenances to a new location designated by the City. The vacated location shall be
restored to its original condition, including complete replacement of the affected sidewalk
sections, within that same time period, by Contractor at its own cost and expense.
E. CONSTRUCTION BY CITY AFFECTING BUS SHELTERS AND BENCHES
In the event the City shall construct or cause to be constructed a new facility or roadway
improvement impacting a bus shelter or advertising thereon, the Exclusive Agreement
will continue in full force an defect. Contractor agrees to cooperate with the City in the
event the construction affects the shelter by vacating and removing and storing shelters
at its own cost and expense where needed for such periods as are required by the
construction of the new facilities. Upon completion of the new facility, Contractor shall
restore bus shelter/bench operations to prior operational level or better therefrom within
thirty (30) days.
F. RIGHT OF REMEDY/ENTRY
Should the Contractor be deemed deficient, as determined by the City, in the
performance of its obligations, the City, in addition to all other available remedies, may,
but shall not be so obliged to, correct Contractor's deficiencies using City forces,
equipment, and materials, or by employing a separate private contractor. City's costs so
incurred, including direct and indirect overhead costs as determined by the City, shall be
reimbursed to the City by the Contractor and/or its sureties within thirty (30) days of
demand thereof.
G. SURRENDER
Upon expiration or cancellation of the Agreement term, all bus shelter/bench
improvements, new bus shelters/benches, and trash containers shall become the
property of the City of Santa Ana and shall be surrendered to the City in a reasonably
good condition, subject to the City of Santa Ana's right to demand removal of the
shelters and restoration of the respective public improvements to their proper and
original condition at Contractor's own cost and expense.
III. TERMS AND CONDITIONS
A. TERM
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The term of this contract shall commence the date of City Council award and approval of
all insurance and bonds, and terminate at the end of ten (10) years, unless earlier
terminated as set forth in Section H, below. City is hereby granted an option to renew
for up to two (2) additional five (5) -year periods under the terms and conditions set forth
herein. Said options shall be exercised in writing at least thirty (30) days prior to the end
of the initial term or any extension thereof.
B. EXCLUSIVE AGREEMENT FEE - PAYABLE TO CITY
1. All exclusive agreement fees due to the City shall be paid quarterly in arrears.
Late payments will be subject to a ten percent (10%) penalty for each fifteen (15)
days that payment is late.
2. Extra Work - Additional Bus Shelters, Benches, Trash Containers
No new work of any kind shall be considered an extra unless a separate estimate
is given for said work and the estimate is approved by the City in writing before
the work is commenced. The Contractor will be required to provide detailed
information of such extra work. Documentation of contract compliance may be
required on some occasions. Work performed prior to obtaining written approval
of the City shall not be included within the Scope of Work and may not be paid.
C. PERFORMANCE BOND
The successful proposer shall supply a performance bond in the amount of five-
hundred thousand dollars ($500,000.00) prior to execution of the contract. Upon receipt
of the performance bond, the proposal deposit will be returned. The proposal deposit is
subject to be forfeited if the successful proposer fails to execute the written contract and
furnish the required performance bond, or to satisfy any other conditions present within a
reasonable time as determined by the City. The performance bond is to be renewed
annually and submitted by the Contractor in the amount of the total annual contract
amount.
D. ACCESS TO RECORDS
Contractor shall make its records, documents, books, reports, billing and methods of
accounting available to the City's designated representative during normal business
hours to allow such person to review, verify and audit said records. Said records shall
be available during the term of this Agreement and thereafter for two (2) years. The
Contractor shall maintain financial records in accordance with generally accepted
accounting principles.
E. INDEPENDENT CONTRACTOR
During the entire term of this contract, Contractor shall be an independent contractor and
not an employee of the City. This contract is not intended nor shall it be construed to
create an employer-employee relationship, a joint venture relationship, or to allow the
City to exercise discretion or control over the manner in which Contractor performs the
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services required by this contract. However, the services to be provided by Contractor
shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Contractor shall pay all salaries and wages, employer's Social
Security taxes, unemployment insurance, and similar taxes relating to employees and
shall be responsible for all applicable withholding taxes.
F. INSURANCE
Prior to undertaking performance of work under this contract, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance which shall include, but not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising
out of Contractor's operations in the performance of this agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not
less than the following: single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and property damage, in the total
amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars
($2,000,000) in the aggregate. Such insurance shall (a) name the City, its
officers, employees, agents, volunteers, and representatives as additional
insured(s); (b) be primary and not contributory with respect to insurance or self-
insurance programs maintained by the City; and (c) contain standard separation
of insured(s) provisions. A sample additional insured endorsement is attached
hereto as Exhibit H.
2. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than One Million Dollars ($1,000,000) per occurrence.
Such insurance shall include coverage for owned, hired, and non-owned
automobiles.
3. Workers' Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Contractor is required to be insured against liability for
Workers' Compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this contract, Contractor agrees to obtain and
maintain any employer's liability insurance with limits not less than One Million
Dollars ($1,000,000) per accident.
4. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
a. Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this agreement, providing
certificates of insurance on annual renewals.
b. Certificates of insurance shall be furnished to the City upon execution of
this contract and shall be approved in form by the City Attorney.
C. Certificates and policies shall state that the policies shall not be canceled
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or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
5. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at
the City's election, to forthwith terminate this contract. Such termination shall not
affect Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
G. HOLD HARMLESS/ INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold
harmless City, its officers, agents, and employees (collectively, the "indemnified
parties") from and against any and all claims (including, without limitation, claims for
bodily injury, death, or damage to property), demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs,
and expenses (including, without limitation, attorney's fees, disbursements, and court
costs) of every kind and nature whatsoever (individually, a claim; collectively,
"claims"), which may arise from or in any manner related (directly or indirectly) to any
work performed or services provided under this contract (including, without limitation,
defects in workmanship and/or materials) or Contractor's presence or activities
conducted performing the work (including the negligent and/or willful acts, errors,
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, Contractors, subcontractors, or anyone employed directly or indirectly by
any of them, or for whose acts they may be liable for any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the indemnified parties from any claim arising from the sole
negligence or willful misconduct of the indemnified parties. Nothing in this indemnity
shall be construed as authorizing any award of attorney's fees in any action on or to
enforce the terms of this contract. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not
act as a limitation upon the amount of indemnification to be provided by the
Contractor.
H. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
agreement shall be in writing and shall be deemed to be properly given if delivered in
person; mailed by first class or certified mail, postage prepaid; sent by telefacsimile
communication; or via e-mail to the following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92701
Fax 714-647-6956
With courtesy copy to: Executive Director, Public Works Agency
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City of Santa Ana
20 Civic Center Plaza (M-21)
Santa Ana, CA 92701
714-647-5622
To Contractor:
1. TERMINATION
1. The City reserves the right to terminate the contract as follows:
a. In the event Contractor fails or refuses to timely perform any of the
provisions of this agreement in the manner required, or if Contractor
violates any provision of this agreement, Contractor shall be deemed in
default. City shall provide written notice of such default to Contractor's
project manager. Contractor shall cure said default within a period of two
(2) working days. If such cure is not completed in a timely manner, City
may assess liquidated damages or terminate the agreement forthwith by
giving written notice to Contractor's Project Manager. City may, in
addition to the other remedies provided in this agreement or authorized
by law, terminate this agreement by giving written notice of termination.
Contractor shall be responsible for all costs incurred by City, including
replacement costs of equipment and labor required to provide service
during Contractor's default. In the event of such termination for cause,
City shall pay Contractor that portion of compensation specified in the
agreement that is earned and unpaid prior to the effective date of
termination. Contractor shall not be entitled to any compensation for lost
profits it terminated for cause.
b. This agreement may be terminated without cause by City upon thirty (30)
days written notice delivered to the Contractor either personally or by
mail. Upon termination, City shall pay to Contractor that portion of
compensation specified in the agreement that is earned and unpaid prior
to the effective date of termination.
c. In addition to, or in lieu of, remedies provided in this agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for contract services if, in the judgment of the
projects manager or designee, the level of service falls below appropriate
standards and/or Contractor fails to satisfactorily perform contract
services. City shall have the right to retain funds withheld until the Project
Manager or designee determines that contract services are performed as
well and as frequently as required by this agreement.
d. Upon termination of the Agreement, whether by expiration of term or
cancellation, Contractor shall assign to City all express warranties
furnished by other persons in connection with the provision of labor
and/or material to the works of improvement covered by the Agreement.
J. CONTRACTOR OPTION FOR TERMINATION
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The Contractor may request termination of the contract when conditions during the
contract term make it impossible to perform or when prevented from proceeding with
the contract by act of God, by law or official action of a public authority, or in the
event of nonpayment by the City. Such request will require one-hundred eighty (180)
days written notice prior to the requested contract termination date. In the event of
nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
K. LIQUIDATED DAMAGES
If the City determines that the Contractor breaches its promise to provide services in
compliance with the Terms and Conditions of applicable laws and regulations, and
the specifications set forth above, it would be impracticable and extremely difficult to
determine the damage to City arising from such breach. Therefore, in the event of
Contractor's breach, Contractor shall pay to City the sum of $500 per day for such
breach, in addition to any cost, fines, etc., levied against the City.
L. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS
Contractor shall solicit and advertise employment opportunities to Santa Ana
residents. The City shall inform the Contractor of areas to publicize recruitment
opportunities, such as work centers and community centers. Such effort and
procedure will be provided to the City for review.
M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
Contractor shall perform all requirements under this contract in strict observance of and
in compliance with all applicable environmental, traffic, safety, and any other laws,
regulations, ordinances, codes, and any other legislative or statutory requirements.
N. ASSIGNMENT
Inasmuch as this contract is intended to secure the specialized services of
Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of City, and any such assignment, transfer,
delegation, or subcontract without the City's prior written consent shall be considered
null and void.
0. JURISDICTION -VENUE
This contract has been executed and delivered in the State of California and the
validity, interpretation, performance and enforcement of any of the clauses of this
contract shall be determined and governed by the laws of the State of California.
Both parties further agree that Orange County, California, shall be the venue for any
action or proceeding that may be brought or arise out of, in connection with or by
reason, of this contract.
P. FINES
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Contractor shall be liable for all violation fines levied against the City by federal,
state, or local agencies with regulatory authority related to Contractor provided
services.
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Exhibit 2
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 17, 2013, by
and between Clear Channel Outdoor, Inc., a Delaware corporation ("Grantee") and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California ("City").
RECITALS:
A. The parties entered into that certain Agreement # A-2000-179, dated December 8, 2000
(hereinafter "said Agreement") by which Grantee was awarded the exclusive right to install,
operate and maintain bus shelters and bus benches in the City of Santa Ana.
B. The parties executed a First Amendment to Agreement A-2009-044, dated May 4, 2009, to
extend the term for an additional three year period.
C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the
Compensation and extend the term on a month-to- month basis for up to twelve months,
during which the City will request and review proposals for exclusive bus shelter and bus
bench services.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Second Amendment to
Agreement, the parties agree as follows:
1. Section 2, TERM, shall be amended to extend the term, on a month-to-month basis, for up to
an additional twelve (12) months, through June 30, 2014, unless the Agreement is terminated
earlier pursuant to the provisions of said Agreement. Notwithstanding the foregoing, City
may terminate said Agreement upon thirty (30) days written notice if the review of proposals
is completed and a new Grantee is capable of commencing services prior to June 30, 2014.
2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the
following:
"As consideration for the continued exclusive rights granted by said Agreement, Grantee
agrees to pay to City a monthly fee of $20,000, during the term commencing July 1, 2013."
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement-on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
CITY OF SANTA ANA
KEVIN O'ROURKE
Acting City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CLEAR CHANNEL OUTDOOR, INC.
RAUL GODINEZ II, P.E.
Executive Director
Public Works Agency
(NAME)
(Title)
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