HomeMy WebLinkAboutItem No. 15 License Agreement Building Industry Assoc. of So CalCity of Lake Elsinore 130 South Main Street
__ Lake Elsinore, CA 92530
II www.lake - elsinore.org
VV °"` IKo - Text File
File Number: TMP 19 -800
Agenda Date: 6/9/2020 Version: 1 Status: Approval Final
In Control: City Council / Successor Aqency
Agenda Number: 15)
File Type: Council Consent
Calendar
City of Lake Elsinore Page 1 Printed on 61412020
CITY OF ins
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REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Grant Yates, City Manager
Prepared By: Grant Taylor, Community Development Director
Date: June 9, 2020
Subject: License Agreement with the Building Industry Association of Southern
California for a Directional Sign Program
Recommendation
Authorize the City Manager to execute a License Agreement with the Building Industry
Association (BIA) for a Directional Sign Program in such final form approved by the City Attorney.
Background
The City of Lake Elsinore and the BIA have had a Directional Sign Agreement since 1992 with
limited modifications over the years. The Program has been a residential kiosk sign program
providing directional panels to residential subdivisions in the City and surrounding communities.
The BIA as the Administrator has implemented and monitored the Program accepting merchant
builders' requests to participate with identifying and directional sign panels within the kiosks
located throughout the City. The most recent agreement would expire on July 13, 2020 and
unless cancelled or modified would automatically continue for another year. The agreement has
been at no cost to the City, but also did not generate any revenue or provide opportunities for the
City to participate in the Program by providing directional sign panels to City facilities and events.
The uniform residential kiosks design is consistent with City of Lake Elsinore Branding and a
number of the structures currently exist allowing removable sign panels.
Discussion
Staff has been working with the BIA over the last year as both parties value our longstanding
partnership but also understand the need to revisit and update the directional sign program. Staff
initially provided a number of comments on the existing agreement and the BIA drafted a revised
agreement that the City has reviewed and modified for City Council consideration. Key
components of the new proposed Directional Sign License Agreement include:
1) The Kiosk Program shall be conducted by the BIA (Administrator).
2) Residential projects in other jurisdictions shall be permitted only on major arterials and
shall not be permitted on any Kiosk Program sign within City neighborhoods or collector
roads.
3) BIA responsibilities and services shall be at no cost to the City.
4) A total of two (2) panels on each Kiosk shall be reserved at no cost to the City to identify
City landmarks, public facilities, public events, etc.
Contract Services Extension - CD
June 9, 2020
Page 2
5) BIA will maintain and provide a current list of all Kiosk Program participants.
6) Locations for each sign structure shall be subject to approval of the City.
7) All sign structures shall be consistent with City approved Branding Program.
8) BIA shall inspect each sign structure twice per month.
9) BIA shall maintain and repair sign structures as needed at no cost to the City.
10) BIA shall indemnify and hold harmless the City and its employees.
11) BIA shall maintain $2,000,000 insurance for combined single limits for bodily injury and /or
property damage and City is named as additionally insured.
12) The City Manager shall meet biannually with BIA to evaluate BIA performance.
13) Term of contract is initial two (2) years with option for two additional 12 -month extensions.
Fiscal Impact
The City will receive $19 per month for single faced sign panels and $30 per month for doubled
faced sign panels.
Environmental Determination
The proposed License Agreement is Categorically Exempt from the California Environmental
Quality Act (CEQA) Guidelines pursuant to Class 21 — CEQA Guidelines Section 15321,
Enforcement Actions by Regulatory Agencies.
Exhibits
A — License Agreement
B — Examples
License Agreement
By and Between the City of Lake Elsinore
and the Building Industry Association of Southern California
(Directional Sign Program)
This License Agreement ( "Agreement ") is made to be entered into this 9th day
of June, 2020, by and between the City of Lake Elsinore, hereinafter referred to as
"City ", and the Building Industry Association of Southern California, a not - for - profit
corporation, hereinafter referred to as "Administrator." City and Administrator are
sometimes referred to herein as a "Party" and collectively as the "Parties."
SECTION I: Kiosk Program
The City has designated the Building Industry Association of Southern California
to provide a uniform residential kiosk sign program (the "Kiosk Program ") for the City.
The Kiosk Program shall be conducted by the Administrator in accordance with all
applicable state laws and regulations, including the California Building Codes, and the
and City codes, ordinances, resolutions and policies, including the Lake Elsinore
Municipal Code (collectively, "Laws ").
SECTION II: Terms and Conditions
The City and Administrator hereby mutually agree to the following:
1. Administrator shall provide written invitation to all residential builders in the
City to participate in the Kiosk Program and shall maintain a register of all participating
builders.
2. Following Administrator's invitation to all residential builders in the City,
Administrator may install Kiosk Program sign directional panels for residential projects
in neighboring jurisdictions only if space is available on Kiosk Program signs located
on major arterial roads. Residential projects in other jurisdictions shall not be
permitted on any Kiosk Program sign within City neighborhoods or collector roads.
3. Administrator shall act as the point of contact for all residential builders who
are involved in the Kiosk Program and shall be responsible for all builder concerns and
transactions.
4. Administrator shall act as the point of contact for the City and handle all City
concerns and requests.
5. Administrator shall be directly responsible for all work performed by its
agents, officers, employees, subcontractors or representatives in accordance with all
applicable Laws, including any applicable labor laws.
6. Administrator shall directly invoice all Kiosk Program participants for
services rendered and provide compensation for its agents, officers, employees,
subcontractors or representatives for such services.
7. Administrator shall arbitrate any differences between its agents, officers,
employees, subcontractors or representatives and the Kiosk Program participants.
8. The responsibilities and services provided by the Administrator, as
described in this Agreement, shall be at no cost to the City.
9. A total of two (2) panels on each installed sign in the Kiosk Program shall
be reserved at no cost to the City to identify City landmarks, public facilities and public
events, as determined by City and as applicable, given the sign location "Public Service
Panels ").
SECTION III: Payment Schedule
1. Administrator shall pay the City at a rate of $19.00 per month for single
faced panels and $30.00 per month for double faced panels. In the event this
Agreement is extended pursuant to Section IX, said amounts shall increase three
percent (3 %) per annum, commencing July 1, 2021.
2. Payment shall be made to the City of Lake Elsinore; Attention:
Administrative Services Department, Finance Division by the first (1St) of each month
for preceding month.
3. An accounting of all directional structures and panels in the Kiosk
Program will be included with the monthly payment.
4. The Administrator will maintain and will provide to the City a current list
of all Kiosk Program participants, including participant identification, contact
information, company name and address, individual contact name, email and phone
number.
SECTION IV: Location, Installation and Sign Specifications
1. Exact locations for each Kiosk Program sign structure shall be subject to
review and approval by the Community Development Director and City Engineer prior to
installation. Administrator shall obtain an encroachment permit from the Engineering
Department prior to installation of any Kiosk Program sign structure in the public right -of-
way.
2. Administrator shall ensure that all Kiosk Program sign structures and
individual sign panels are installed in accordance with applicable Laws.
3. Administrator shall provide City identification header panels on all Kiosk
Program sign structures and Public Service Panels at no cost to City. All Kiosk Program
sign structures in the City will be uniform and abide by the agreed upon sign design
consistent with City approved branding (Exhibit A).
4. For safety reasons, arrows will be placed in this sequence:
(i) Left,
(ii) Straight,
(iii) Right.
5. There shall be no additions, tag signs, streamers, attention - getting
devices, or other appurtenances added to the signs.
SECTION V: Inspection and Performance Standards
1. Administrator shall conduct two (2) inspections per month of all Kiosk
Program sign structures and individual sign panels and provide for their continued
maintenance. From the date of installation and throughout the term of this Agreement,
Administrator will maintain each Kiosk Program sign structure in good condition and shall
perform all necessary weed abatement and landscape maintenance in the area within a
six (6) foot radius of each structure. In addition, Administrator shall ensure the area
remains clear of all sight obstructions, including vegetation, which may inhibit visibility of
the structure and /or impair sight distance on adjacent roadways. Existing landscape will
be restored to original condition after installation and upon removal of each Kiosk
Program sign structure.
2. Any Kiosk Program sign structure not containing builder panels or Public
Service Panels shall be removed within 30 days by the Administrator and shall not be
reinstalled until further builder panels or Public Service Panels are requested for the
particular sign location. Installation shall be in accordance with all applicable Laws and
any applicable encroachment permit requirements.
3. Within 48 hours of notification, Administrator shall repair or remove any and
all sign panels damaged due to theft, vandalism, graffiti, fading, or any other damage not
mentioned herein. Within 10 days, Administrator shall repair or replace Kiosk Program
sign structures damaged due to theft, vandalism, graffiti, or other damage. The City
shall reserve the right to remove any structure in the interest of public safety and shall
not be held responsible for any expenses incurred by the Administrator, its agents,
officers, employees, subcontractors or representatives as a result of such removal.
4. All Kiosk Program services shall be performed by the Administrator or under
its supervision, and all personnel engaged in the work shall be fully qualified and shall be
authorized and permitted under State and local laws to perform such services.
5. Administrator will perform the services set out in this Agreement or will
cause performance of said services to occur, as contemplated herein, in accordance
with applicable Laws and shall meet the standard of quality ordinarily to be expected
of competent contractors for performing similar services within the State. City has relied
on Administrators' representations for quality and professional work as a material
inducement to enter into this Agreement. Contractor shall therefore provide properly
skilled personnel to perform all services under this Agreement.
6. Administrator represents that it has all personnel required to perform the
services under this Agreement. All such personnel shall be fully qualified, and where
applicable, shall be licensed or otherwise authorized under State and local law to
perform such services. Except as otherwise expressly permitted in this Agreement,
Administrator shall not have the right to delegate, transfer, or assign any of its rights or
obligations hereunder without the prior written consent of the City Manager.
7. Administrator shall not be liable for delays in the performance of this
Agreement caused solely by acts of God or similar events beyond the control of the
Administrator, unless said events could have been foreseen or said delay or any
portion thereof could have been avoided.
8. Administrator shall not discriminate against any employee or applicant
for employment because of race, religion, color, sex, age or national origin.
Administrator shall take appropriate action to ensure that applicants are employed and
that employees are treated during their employment without regard to their race,
religion, color, sex, age or national origin. Such action shall include, but not be limited
to, employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. Administrator shall comply with all
applicable Federal Laws and Executive Orders and relevant orders of the Secretary of
Labor, with all State and local laws and affirmative action compliance programs and other
applicable rules and regulations of all government and administrative agencies relating to
any and all performance under this Agreement.
9. Administrator and each of its employees, agents, subcontractors and
representatives is and at all times shall remain as to the City a wholly independent
contractor and is not an employee of the City for any purpose. Administrator shall not
at any time or in any manner represent that it or any of its officers, employees, or
agents are in any manner officers, employees, or agents of the City. Administrator
shall not incur or have the power to incur any debt, obligation, or liability whatsoever
against City, or bind City in any manner.
SECTION VI: Insurance
1. Administrator shall defend (with attorneys approved by the City), and hold
harmless and indemnify the City, its officers, employees and agents against liability
(whether bodily injury, including deaths and /or property damage and /or any other
losses, claims, damages or actions) arising or alleged to arise out of the acts or
omissions of Administrator or its officers, agents, employees, subcontractors or
representatives in the performance of this Agreement.
2. As a condition precedent to the effectiveness of this Agreement and in
partial performance of Administrator's obligations hereunder, Administrator, at its
expense, shall deliver to City for approval, certificates or policies of insurance from an
admitted insurer as evidence that the following types and amounts of insurance are in
effect during the term of this Agreement:
A. $2,000,000 combined single limits for bodily injury and /or property damage.
B. In the event Administrator hires any employees for the performance of this
contract, Administrator shall provide evidence of a certificate of self -
insurance or worker's compensation individual coverage meeting the
requirements of the California Labor Code in relation to worker's
compensation insurance coverage requirements.
C. The City shall also be named as an additional insured under said policy or
policies of liability insurance, which insurance shall be primary and not
sharing with any other liability insurance the City may have. Administrator
and its insurance carrier shall be required to inform the City in writing of any
change, expiration, cancellation or renewal of any insurance policy or
policies within ten (10) days prior to the effective date thereof, and an
appropriate rider or addition shall be made to said policy relating thereto.
SECTION VII: Defaults /Remedies /Evaluation
1. In the event Administrator defaults in the performance of any of the terms
or conditions of this Agreement, the City at its option shall have the right to terminate this
Agreement giving Administrator thirty (30) days' notice, without waiving any other rights
it may have against the Administrator for damages or other relief as permitted by law.
2. The failure of the City to insist upon the strict performance of any of the
provisions of this Agreement, or failure to exercise any other right, option or remedy
hereby reserved or as permitted by law, shall not be construed as a waiver for the
future of any such provisions, right, option, or remedy, or as a waiver of any subsequent
breach thereof.
3. Should any section or any part of this Agreement be rendered void, invalid,
or unenforceable by any court of law, any such final determination shall not render void,
invalid, or unenforceable any other sections or portions of this Agreement unless the City
determines in writing that its purpose cannot be accomplished by the remaining provisions
not so invalidated.
4. This Agreement contains the entire understanding of the Parties, and
there are no further or other Agreements or understandings in effect between the
Parties hereto relating to the subject matter hereof, and any prior understanding or
Agreement of the Parties shall not be binding unless setforth herein, and, except to the
extent expressly provided for herein, no amendments of this Agreement may be made
without the written consent of both Parties hereto.
5. Should litigation or arbitration occur between the Parties hereto relating to
the provisions of this Agreement, all reasonable litigation or arbitration expenses and
costs, including reasonable attorney's fees incurred by the prevailing party shall be paid
by the non - prevailing party to the prevailing party.
6. The City and Administrator shall act in a reasonable manner to ensure the
timely and efficient completion of this Agreement.
7. The City Manager or his /her designee shall confer with the Administrator
biannually in order to evaluate Administrator performance. If the Administrator's
performance is evaluated as less than acceptable, the Administrator shall make every
effort to improve its performance. A subsequent evaluation shall be performed by the
City Manager or his designee no later than thirty (30) days after the initial evaluation. If
the Administrator's evaluation is still less than acceptable, then the City at its option,
shall have the rightto immediately terminate this Agreement, without waiving any other
rights it may have against Administrator for damages or other relief as permitted by
law.
SECTION VIII: Notices
All notices to be given hereunder shall be in writing and shall be deemed to have
been given, if delivered in person, or two days after mailing if property addressed and
mailed, with full postage prepaid, by certified or registered mail with return receipt
requested.
Notice to the City shall be sufficient if sent to:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attention: City Manager
With a copy to:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attention: City Clerk
Notice to Administrator shall be sufficient if sent to:
Manager, Directional Sign Program
Building Industry Association of Southern California
24 Executive Park, Suite #100
Irvine, CA 92614
SECTION IX: Term
Unless earlier terminated as provided in Section VII of this Agreement, this
Agreement shall continue in full force and effect for a period of two years commencing
July 1, 2020 and terminating on June 30, 2022. The City and the Administrator may
extend the term of this Agreement on a 12 -month basis not to exceed 2 additional
twelve (12) month renewal terms, such extension to be exercised by the City Manager
and evidenced by a written amendment hereto signed by both Parties.
SECTION X: Authority to Execute Agreement
Each of the signatories to this Agreement hereby represents that he is
authorized to execute this Agreement on behalf of the Party identified below and has
the authority to bind such Party to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
on the date set forth below.
"CITY"
CITY OF LAKE ELSINORE
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
"ADMINISTRATOR"
Building Industry Association of Southern
California
go
Craig Foster, Executive Vice President
SIGN DESIGN