04-118 Transit Shelter Advertising Program
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S A N T A C L A R A
Valley Transportation Authority
CONTRACTS OFFICE
September 29, 2004
Steve Piasetki
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
PUBIC W®~~s
Subject: Amendment No.S Contract No.CIi020407-Transit Shelter Advertising Program
Dear Mr.Piasetki
Enclosed are copies of amendments 1 through 5 to the subject contract. Other agencies
have requested these copies to verify previous signatures. Please return the signature
page for Amendment No. 5 at your convenience to:
Santa Clara Valley Transportation Authority
Contracts and Materiials Management
Attn: Ted Lino, Contract Administrator
3331 North First Stre;et, Building A
San Jose, CA 95134-1906
If you have any questions or concerns pertaining to these documents, please contact me at
(408) 321-5622.
Very truly yours,
Te ino
Contract Administrator
Enclosure:
3331 North First Street, Bldg. A
San Jose, C.4 95134-1927
408/32'1-5622
AMENDMENT 1
AMENDMENT TO IMPLEMENTATION AGREEMENT
FOR TRANSIT SHELTER ADVERTISING PROGRAM
FOR EXECUTION B!~ CITY OF MORGAN HILL
WHEREAS, on October 31, 1995., Eller Media Company (formerly Patrick Media
Group), the County of Santa Clara and various cities in the county ("Participating
Entities") entered into an Implementation Agreement For Transit Shelter Advertising
Program ("Implementation Agreement") ~~vith the Santa Clara County Transit District
("District"); and,
WHEREAS, Section 2 of the Implementation Agreement, provides for subsequent
execution of the Implementation Agreement by covered cities that did not originally
execute said Agreement; and,
WHEREAS, the City of Morgan Fill at this time desires to execute the
Implementation Agreement and to thereb3~ become subject to its terms,
NOW, THEREFORE, the parties <<gree as follows:
1. By execution of this Amendment, ;pursuant to Section 2 of the Implementation
Agreement, the City of Morgan Hill hereby becomes party to the Implementation
Agreement, and thereby becomes subject to its terms.
2. To reflect the participation by the (~ity of Morgan Hill in the Transit Shelter
Advertising Program, Attachment "A" hereto, which attachment is incorporated herein by
this reference, is added to the Implementation Agreement as Exhibit "F".
3. As hereby amended, all terms and <;onditions of the Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the panties have signed this Amendment as of
SEP d 81997 ,1997.
Santa Clara C Tra it Dis ict Eller Media Company
O
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By: , . By: ~
Peter M. Cipolla, General anager Name:_ ~,j~ ut~~ ~. ~~2
. Title: _~~~ ~~
Attachment A
CITY OF N[ORGAN HILL
TRANSIT SHELTER ADVERTISING PROGRAM
Current Bus Shelter Locations
In Jurisdiction Morgan Hill:
-z
Direction Location Cross Street Shelter#
Westbound E. Main Opposite Grand Prix 673801
Northbound Monterey Far Side Dunne 663601
Northbound Monterey Far Side Tennant 673505
Total Sites: 3
The City of Morgan Hill shall choose 2 sites fo:r Phase One. In Phase One, two of Morgan Hill's
existing shelters would be replaced with new lighted advertising shelters. In Phase Two, the
remaining existing shelter would be replaced with a new lighted shelter, either advertising or non-
advertising. In Phase Three, one additional shelter would be added at a new location. The Phase
Three shelter would be either advertising or noii-advertising, in order to maintain the 3 to 1 ratio
(advertising to non-advertising shelters) in Morgan Hill.
The estimated Phase One revenue for Morgan Ilill would be a minimum of $600 annually (2 ad
shelters * $25 per ad shelter per month * 12 months). The estimated Phase Two or Three revenue,
assuming three advertising shelters, is a minimiun of $900 annually.
;~„'~'
Exhibit F
12/9/96
CITY OF SAN JOSE
By:
Name:
Title
CITY OF SUNNYVALE
By:
Name:
Title
CITY OF SANTA CLARA
By:
Name:
Title:
CITY OF MOUNTAIN VIEW
By:
Name:
Title:
SANTA CLARA COUNTY
By:
Name:
Title:
CITY OF MILPITAS
By:
Name:
Title
CIT
By:
N
Ti
CITY OF GILROY
By:
Name:
Title:
CITY OF LOS ALTOS
By:
Name:
Title:
CITY OF RGAN HILL
/ l /~,
By: //~
Name: S
Title: C
AMENDMENT N0.2 TO IMPLEMENTATION AGREEMENT
FOR TRANSIT SHELTER ADVERTISING PROGRAM
FOR EXECUTION Bit CITY OF CAMPBELL
WHEREAS, on October 31, 1995, E;ller Media Company (formerly Patrick Media
Group), the County of Santa Clara and various cities in the county("Participating
Entities") entered into an Implementation Agreement for Transit Shelter Advertising
Program ("Implementation Agreement") with the Santa Clara County Transit District
("District"); and,
WHEREAS, Section 2 of the ImplPrnentation Agreement, provides for subsequent
execution of the Implementation Agreement by covered cities that did not originally
execute said Agreement; and,
WHEREAS, the City of Campbell a~t this time desires to execute the
Implementation Agreement and to thereby t~ecome subject to its terms,
NOW, THEREFORE, the parties agree as follows:
1. By execution of this Amendment, pursuant to Section 2 of the Implementation
Agreement, the City of Campbell hereby becomes party to the Implementation
Agreement, and thereby becomes subject to its terms.
2. To reflect the participation by the City of Campbell in the Transit Shelter
Advertising Program, Attachment "A" hereto, which attachment is incorporated herein by
the reference, is added to the Implementation Agreement as Exhibit "G".
3. As hereby amended, all terms and conditions of the Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have signed this Amendment as of
Mu rch~ z-3 , 1997.
Santa Clara County Transit District
.%~
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. /! _
By. ~.-
Peter M. Cipolla
General Manager
Eller Media Company
By:
Name: ~~L
Title: -~~ ~~'
4261 9553 9203
Attachment A
CITY OF CAMPBELL
Existing Shelters in Campbell
Tota112
Stop Number Location Boazding
Ridership
1• 326001 WB Campbell Ave 88
FS Winchester Blvd
2• 326002 NB Winchester 96
FS Campbell
3• 326009 NB Winchester 75
FS Budd
4• 326101 SB Winchester 48
FS Hamilton
s• 326102 NB Winchester 48
NS Haznilton
6• 326105 EB Hamilton 112
NS Esther Ave
326204 WB Hamilton 59
FS Winchester
8• 336003 EB Orchard City 17
OPP Central
9• 336104 WB Civic Center 14
OPP Central
10. 346002 WB Campbell 95
FS Bascom
ll• 346005 SB Bascom 67
FS Campbell
12. 346107 SB Bascom 24
NS Campbell
CITY OF SAN JOSE
By:
Name:
Title
CITY OF SUNNYVALE
By:
Name:
Title
CITY OF SANTA CLARA
By:
Name:
Title
CITY OF MOUNTAIN VIEW
By:
Name:
Title
CITY OF MORGAN HILL
By:
Name:
Title
SANTA CLARA COUNTY
By:
Name:
Title .
CITY OF MILPITAS
By:
Name:
Title
By: d v~---
Name : ~ u; .
Title ~(~~/ ~Af~? _
CITY OF GILROY
By:
Name:
Title ..
CITY OF LOS ALTOS
By:
Name:
Title
CITY OF CAMPBELL
By:
N Jeanette Watson
e Mayor
AMENDMENT N0.3
TO IMPLEMENTATION AGREEMENT AMONG SANTA CLARA COUNTY
TRANSIT DISTRICT, THE COUNTY Oh SANTA CLA.R.A, PARTICIPATING CITIES
AND ELLER IVZEDIA COMPANY '
]FOR
TRANSIT SHELTER ADVERTISING PROGRAM
This Amendment No. 3 to the Implementation Agreement for the Transit Advertising
Program between the Santa Claza County Transit District, also known as the Santa Clara
Valley Transportation Authority ("VTA"), the County of Santa Claza, various cities in
Santa Clara County ("Participating Enties")and Eller Media Company
(CONTRACTOR), is agreed to as follows:
The purpose of this Amendment is to establish a schedule of liquidated damages to be
assessed in the event the CONTRACTOR rails to comply with certain requirements of
the Implementation Agreement. Accordin€;ly, the subject Agreement is modified as
follows:
1. Section 6. Maintenance of Shelters is hf:reby modified by adding subsection f,
Schedule of Liquidated Damages, as fo:~lows:
f. Schedule of Liquidated Damages. TTze parties agree that the damages that would
accrue from a breach of CONTRACTOR'S maintenance obligations herein would be
impracticable or extremely difficult to ascertain, and that, therefore, CONTRACTOR
shall abide by the performance standards stated below and shall be liable for the
stated liquidated damages charges in thf; event of their breach. Liquidated damages
charges may be waived at the discretion. of VTA. Any liquidated damages charges
shall be invoiced monthly by VTA to CONTRACTOR and shall be paid by the end of
the following month. In addition to any liquidated damages remedy, VTA and the
Participating Entities reserve the right to exercise any other terms and conditions they
have pursuant to this contract, including; performing needed repair or maintenance and
demanding from CONTRACTOR reimbursement for expenses incurred.
Specific performance standards and the charges that will be assessed for non-
performance are listed below.
1) Reporting -Maintenance Related
Standard:
Completed Shelter Work Orders must be submitted weekly by the following
Tuesday at 5:00 p.m.;
Monthly Shelter Inspection and Maintenance Logs must be submitted montlily
by the 15th of the following month.
Non-performance:
$100 per day until submitted.
2) Lighting
Standard:
Lighting problems must be repaired within 24 hours of notification.
Non-performance:
$100 per day per incident until repaired.
3) Broken Glass (Including Ad Box Glass)
Standard:
Broken glass must be picked up and repaired within 24 hours of notification.
Non-performance:
$50 per day per incident until repaired.
4) Shelter Damage -Missing Perforated Metal Panels
Standard:
Missing perforated panels must be replaced within 48 hours of notification.
Non-performance:
$50 per day per damaged shelter until repaired.
5) Graffiti and Vandalism
Standard:
Offensive graffiti (racial, obscene) rnust be cleaned within 24 hours of
notification;
Other graffiti and vandalism must b~~ cleaned or repaired within 48 hours of
notification.
Non-performance:
$50 per day per vandalized shelter until cleaned or repaired.
6) Trash Collection
Standard:
Overflowing trash receptacles must be emptied and litter removed within 24
hours of notification.
Non-performance:
$50 per day per location until trash :receptacle emptied and litter removed.
7) Shelter Damage -Etched Metal Frame
Standard:
Etched or damaged shelter frames must be repaired or repainted within 48 hours
of notification.
Non-performance:
$50 per day per damaged shelter until repaired or repainted.
8) Benches and Trash Receptacles
Standard:
Damaged benches or trash receptacl~:s must be repaired within 48 hours of
notification.
Non-performance:
$50 per day per damaged bench or trash receptacle until repaired.
9) Transit Information and Logos
Standard:
Missing or damaged transit information/logos must be replaced within 48 hours
of notification.
Non-performance:
$50 per day per location until replacement.
2. As hereby amended, the terms and conditions of the Agreement and Amendments
Nos. 1 and 2 shall remain in full force and effect.
Date:
Santa Clara Co ty Transit District
By:
Peter M. Cipolla 3~~ ~~
General Manager
Eller Media Company
CITY OF GILROY
By:
flame:
'Citle:
CITSr OF CAMPBELL
By;
I1ame:
7Citle:
CITY OF CUPERTINO
B}
CITY' OF MORGAN HII,L
By:
rJame:
Title:
f ~ 6_.
_ '}t. ~,
~~
.. T~«f
AMENDMENT N0.4 TO TRANSIT SHELTER ADVERTISING AGREEMENT
This Amendment No. 4 to the Agreement between the Santa Clara County Transit
District, also lrnown as the Santa Clara Valley Transportation Authority ("VTA")
and Eller Media Company (CONTRACTOR), is agreed to as follows:
The purpose of this Amendment is to cl~uify specified provisions of the
Agreement consistent with the intent and conduct of the parties. Accordingly,
1. The sentence "Cumulative net re~Tenues are defined to equal the gross
revenues derived from each advertising shelter, less agency commission
which for the purpose of this agreement shall be 15%," which sentence is
set forth in the second paragraph of subsection (c) of Section II.B., is
hereby amended to read: "Cumulative net revenues are defined to equal
the cumulative gross revenues derived from all advertising shelters, less
agency commission which for thE: purpose of this agreement shall be 15%."
2. The method for calculating the current value of a transit shelter as set forth
in Section IX.E. (Option 1) is herE~by amended to read as follows:
Shelter Depreciation Months
Current value =Unit Price x Period - In
Depreciation (In months) Service
Period (In months)
3. As hereby amended, the provisions of the Agreement and Amendments
Nos. 1 through 3 thereto shall remain in full force and effect.
Dated: ~
Santa Clara ty Tr sit Dis 'ct Eller Media Company
By: ""''~ By: \
Peter M. Cipolla
General Manager
APPROVED AS TO FORM:
Kevin D A wand
Legal Counsel
APPROVED:
Thomas B. Smi h ? 3/J~
Purchasing and Materials Manager
AMENDMENT NO. S TO IMPLEM)E;NTATION AGREEMENT FOR
TRANSIT SHELTER ADVERTISING PROGRAM FOR EXCECUTION BY
CITY OF PALO ALTO
WHEREAS, on October 31, 1995, Clear Channel Outdoor (formerly Eller
Media Company), the County of Santa Clara and various cities in the county
("Participating Entities") entered into an Implementation Agreement for Transit
Shelter Advertising Program ("Implementati~~n Agreement") with the Santa Clara
Valley Transportation Authority, VTA, (formerly Santa Clara County Transit
District); and,
WHEREAS, Section 2 of the Implementation Agreement, provides for
subsequent execution of the Implementation Agreement by covered cities that did
not originally execute said Agreement; and,
WHEREAS, the City of Palo Alto at this time desires to execute the
Implementation Agreement and to thereby become subject to its terms,
NOW, THEREFORE, the parties agree as follows:
1. By execution of this Amendment, pw~suant to Section 2 of the
Implementation Agreement, the City of Palo Alto hereby becomes party to the
Implementation Agreement, and thereby becomes subject to its terms.
2. To reflect the participation by the City of Palo Alto in the Transit Shelter
Advertising Program, Attachment "A" hereto, which attachment is incorporated
herein by the reference, is added to the Implementation Agreement as Exhibit "H".
3. As hereby amended, all terms and conditions of the Agreement shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties have signed this Amendment as of
July 1, 2003.
Santa Clara Valley Transportation
Authority
By. -
Peter M. Cipolla /,~~
General Manager ~ ~`~'" 7
Clear Channel Outdoor
l
By: -
William Ho per
President
City of San Jose
ey: - ~
Name: Peter Jensen, As istant to the
A~P~PROVED AS TO FORM: City Manager
Mohammed Hill
Deputy City Attorney
City of Sunnyvale
By:
Name:
Title:
Approved as to Form:
City of Santa Clara
Bv=
Name:
Titie:
Approved as to Form:
City of Mountain View
ay:
Name:
Title:
Approved as to Form:
City of Campbell
By:
Name:
Title:
Approved as to Form:
County of Santa Clara
By:
Name:
Title:
Approved as to Form:
City of Mor4an Hill
By:
Name:
Title:
Approved as to Form:
City of Milpitas
By:
Name:
Title:
Approved as to Form:
City of Cupertino
((~~,,
By: Y-~".S r ~ . r ~ .
Name:
~P '
Title:
Approved as to Form: ~ i~~
City of Gilroy
ay:
Name:
Title:
Approved as to Form:
City of Los Altos
By:
Name:
Title:
Approved as to Form:
Ci of Palo Alto
By: ~ ....
Name: m, /y ,~/arr,'so,~
Title: ,qas~:' G=ty e
Approved as to Form:
ov