Loading...
HomeMy WebLinkAboutC30190 - Install & Maint of Cmnty Directional Signs Contract No. C30190 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE AN AGREEMENT WITH DESERT VALLEYS BUILDERS ASSOCIATION FOR THE INSTALLATION AND MAINTENANCE OF COMMUNITY DIRECTIONAL SIGNS, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Desert Valleys Builders Association 34500 Gateway Drive, Suite 100 Palm Desert, CA 92211 DATE: September 9, 2010 CONTENTS: Agreement Recommendation By Minute Motion: 1. Approve the Agreement with Desert Valleys Builders Association (DVBA) for Installation and Maintenance of Community Directional Signs at locations throughout the City; and 2. Authorize the City Manager to execute the Agreement. Backqround There are presently home tour sign kiosks located in rights-of-way throughout the City that provide directions to various new housing developments. These signs were owned maintained by the Desert Chapter of the Builders Industry Association (Desert Chapter) who was issued an encroachment permit for their installation a number of years ago. However, the Desert Chapter was absorbed by the Building Industry Association of Southern California (BIA) who does not maintain a strong presence in the area; and the BIA has not been properly maintaining the signs. Staff has determined that there is no agreement with either the Desert Chapter or the BIA covering the signs. Because the Desert Chapter is no longer in existence, local developers and other firms involved in the building and development industry have now affiliated themselves with DVBA, a locally based and managed association of Coachella Valley and Imperial Contract No. C30190 Staff Report Approve the Agreement for Directional Sign Kiosks September 9, 2010 Page 2 of 2 Valley builders. They have formed a new directional sign kiosk program and are requesting the City's participation. DVBA is requesting approval to place their directional signs in the City's rights-of-way, and agrees to maintain them in good repair and in accordance with all applicable zoning ordinances. They will be located so as not to obscure vehicular lines of sight as determined by the Director of Public Works. Upon receipt of written notification by the City, DVBA will repair or replace any damaged sign within five business days. The sign kiosks will not exceed a size of 10 foot high by 6 foot wide, and will have individual panels that will not exceed 16 inches by 72 inches. Each sign kiosk will also have space available for one public service related panel indicating the location of public buildings, facilities, or services if so requested by the City. Any such panel would be placed and maintained at the City's expense. Each panel will be limited to a directional arrow and the name of the builder or developer and/or the name of the community or subdivision. The sign kiosks will all be of the same design and will be approved by the Director of Community Development. It is staff's recommendation to allow a single model home tour signing program in City rights-of-way. Therefore, we will request that all existing kiosks be removed within 30 days of execution of this Agreement. Fiscal Analysis The sign kiosks will be fabricated, installed, and maintained at the expense of DVBA. In addition, any costs reasonably incurred by the City in administering the agreement will be reimbursed by DVBA. The City will only incur costs associated with this program if it requests public service related panels. Departm n e d: Reviewed By: Mark Gree ood, P.E., David J. Erwin, City Attorney � Director of ublic Works Approval: CITYCOUNCII,AC' ON APPROVED DFNiFD � RECEIVED OTHER Joh . Wohlmuth, City Manager MEET DA AYES�� � S '� � � �� NOES: a ABSENT: ` �' ABSTAIN: VERIFIED BY: �� � �� Original on File with City C k's Office Contract No. C30190 AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF COMMUNITY DIRECTIONAL SIGNS IN THE CITY OF PALM DESERT This Agreement is entered into by and between the City of Palm Desert, California, hereinafter the "City", and the Desert Valleys Builders Association, a California nonprofit mutual benefit corporation, hereinafter"DVBA", located at 34500 Gateway Drive, Suite 100, Palm Desert, CA 9221 l, with reference to the following: A. The City has determined that there is a current and continuing need for the construction of directional kiosks ("Sign Kiosks") at such locations throughout the City as may be authorized by the Director of Community Development. B. DVBA shall obtain kiosk encroachment permits from the City and pay all associated fees therefare as may be required by the city. Whenever possible, the city shall allow several sign locations to be combined on a single permit. DVBA shall identify the proposed sign locations on scaled aerial photos or maps. C. City desires that DVBA encourage its members and others in the building industry to use the Sign Kiosks contemplated herein as the primary method of directional advertising for housing developments within the City. NOW, THEREFORE, the parties agree as follows: 1. DVBA shall, within 45 days of issuance of a permit by the City, erect the authorized number of Sign Kiosks and complete the installation of said signs at such locations as approved by the City. The Sign Kiosks shall be manufactured in accordance with the following specifications: A. Each Sign Kiosk structure shall not exceed six feet in width and ten feet in height. Individual directional panels shall be constructed so as to conform to the size and design of the Sign Kiosk. In no event shall individual panels exceed 16 inches by 72 inches. B. All directional panels mounted on a Sign Kiosk shall be of the same design and shall match artwork approved by the Director of Community Development. C. Each directional panel content shall be limited to a directional arrow and the name of the Builder or Developer and/or the name of the community or subdivision. D. Each Sign Kiosk shall provide space for one directional sign panel indicating the location of public buildings, public facilities or public services if so requested by the City, including but not limited to such facilities as parks, schools and public buildings. The City agrees to reimburse DVBA for its actual costs of producing and maintaining such panels. xMsus��Exwirr�3i�s32.1 Page 1 of 4 Contract No. C30190 E. Attached hereto as Exhibit A is a diagram of the Sign Kiosk structure and individual directional panels. All structures erected hereunder shall conform to this diagram. F. Sign Kiosks shall be located in such manner as to not obscure vehicular sight- distance at street intersections as determined by the Director of Public Works. 2. DVBA shall obtain Sign Kiosk right-of-way permits from the City as may be required. Whenever possible, the City shall allow several sign locations to be combined on a single permit. 3. In the event any Sign Kiosk is to be erected on private property, DVBA shall obtain the written consent from the landowner for the installation and maintenance of the structure including a provision giving the City the right to enter the property and remove the sign for noncompliance with any City code. A copy of said consent shall be filed with the Director of Community Development prior to City approval of the Sign Kiosk. Any private property rental or license fees required shall be paid by DVBA. 4. DVBA agrees to reimburse the City for any costs reasonably incurred in administering this Agreement. 5. It shall be the sole responsibility and liability of the DVBA to maintain, repair and/or replace each Sign Kiosk or panel as necessary so that they remain in good condition and repair. Additionally, at any time as the City may notify DVBA in writing and e-mail that repairs are needed to a particular Sign Kiosk or panel, DVBA agrees that it shall repair or replace said Sign Kiosk or panel within five business days of its receipt of such written notice. 6. It is the intent of both parties that all off-site directional Sign Kiosks are to be installed and maintained in accordance with the City's zoning ordinance and this Agreement. DVBA further recognizes the City's desire to limit use of outdoor advertising for housing developments, and agrees to use good faith efforts to discourage the use by DVBA's members and other builders and developers of temporary signs, A-frame signs and any other outdoor advertising devices erected, installed or maintained contrary to the City's ordinances. DVBA agrees to use its best efforts with its members and others in the building industry to secure maximum compliance with the City's ordinances and to avoid proliferation of temporary or otherwise prohibited signs. 7. In the event that the Sign Kiosk program herein described is deemed to be prohibited by any applicable law, all Sign Kiosks within the City shall be promptly removed and this Agreement shall terminate without liability to the City. In the event that the City is made a party to any suit seeking damages as a result of the removal of said Sign Kiosks and the termination of the Agreement, DVBA shall defend, indemnify and hold the City and its officials and employees free and harmless from any or all costs, claims, and damages that may result therefrom as well as any other claim associated with this Agreement. The City may at their discretion, select their own counsel to defend the City at the cost of the DVBA. �Bus�DERwiN�3t�g32.1 Page 2 of 4 Contract No. C30190 8. DVBA agrees that it will not allow any third party to make addition to, or attach any tag, sign, streamer, device, display board or other appurtenance to either Sign Kiosks or panels. 9. Throughout the term of this Agreement, DVBA agrees to maintain in full force and effect property damage and public liability insurance covering the Sign Kiosks and panels attached thereto in the amount of$2 million and shall name the City as an additional insured on said policy. . 10. In the event that it becomes necessary to physically move one or more of the Sign Kiosk structures, DVBA agrees to promptly move said Sign Kiosk(s) at its sole cost and expense and to reinstall it as such new location as directed and authorized by the City. 11. This Agreement shall automatically renew on a year-to-year basis, subject to the right of either party to terminate this Agreement upon giving the other party at least 30 days written notice of termination prior to the renewal date. In the event of a termination, the City shall have a 30-day right to purchase from DVBA all of the Sign Kiosk structures and panels for an amount equal to DVBA's cost(s) thereof. If the City does not exercise this right, DVBA agrees to forthwith remove any and all such structures upon written notice from the City. If DVBA fails to remove such structures within 30 days after the mailing of such notice, the City may remove any and all such structures left in place and destroy them and the City shall not be liable for damages therefore. 12. No provision in this Agreement is to be interpreted for or against either party because that party or its legal representative drafted such provision. 13. Any and all notices or other communications required or permitted by this Agreement or by law to be served on, given or delivered shall be deemed served when personally delivered to the party to whom it is addressed or in lieu of such personal service two days after deposited in the United States mail, first class,postage prepaid, addressed as follows: To the City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: City Manager To DVBA: Desert Valleys Builders Association 34500 Gateway Drive, Suite 100 Palm Desert, CA 92211 Attn: Executive Officer Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided for above. aNtsys�DExw�rr�31�s32.t Page 3 of 4 Contract No. C30190 14. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administratars, successors and assigns. 15. The invalidity of any portion of this Agreement will not affect the validity of any other provision or portion of this Agreement. If any term or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each term, provision or part hereof shall be valid and enforceable to the full extent permitted by law. 16. This Agreement shall be construed in accordance with the laws of the State of California. Dated: City of Palm Desert By: Its: Dated: Desert Valleys Builders Association By: RMBUS\DERWIN\317832.1 Page 4 of 4 Contract No. C30190 Exhibit A Agreement for the Installation and Maintenance of Community Directional Signs in the City of Palm Desert �i, � �-, ,� �r��: ;�► � , Y`� A : � � f , M� F' y ... • "L �y�iH � ' � � � r"�:� �',' �, �y�/ . : �' : ; � � . �h . .L: `Rv" �I ����� � � }�F ���� 1 `�e-: � #-^,�� , , � �� � � ��-,_ .,�. ,; t \ « ., � � ..,,� �.� � � � � � �,�� ' , b M1., �Mr� �.7s . 44'T'"�:�1i r . � � � I . . � �� � e ] , � � � � ���� ' ' .�.� � � � , . � � , ��F :, .�;�_. fiyr , ..=�A ,�. � � � , �� ^"' .�� . : . r -3 « '��3,�, '�.� !i"N�y��'�y`� � '� f' // 4 :� �� . . �_� � ` ,a' r •Y'xv� '`�.... _ .`e _ � ,R�� , ...� . . � '�:J' � i��1 � 4 . .� ti r._. . _ —.—w� _. _ �'� � � � ^,�.- . � * ,y s"+F _ � � ' t t "_� + . , ��"�� '�'`%` � ti`- � �Y�.. � .� . �,�� 4���!vp.�}�. . ..�. .` / � . ' � ., _ , . /. _ ` ' � ` f�� .. ' � o-t . . ,, � ... _. . , 4 �'� �� e.,. '� � . . . ' :�.nt�i("Y:^: