HomeMy WebLinkAbout171337 LAMAR TRANSIT LLC - CONTRACT - AGREEMENT MISC - LAMAR TRANSIT LLCSERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and LAMAR ADVERTISING of COLORADO SPRINGS, L.L.C., a
Colorado limited liability corporation, hereinafter referred to as "Contractor".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Contractor agrees to provide services in accordance with the scope
of services attached hereto as Exhibit "A", consisting of ten (10) pages and incorporated
herein by this reference.
2. Contract Period. This Agreement shall commence January 1, 2023 and shall continue in
full force and effect until June 30, 2023, unless sooner terminated as herein provided.
3. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Contractor must
provide written notice to the City of such condition within ten (10) business days from the
onset of such condition.
4. Notices. All notices provided under this Agreement shall be effective on the date emailed or
next business day after being mailed, postage prepaid and sent to the following addresses:
Contractor: City: Copy to:
Lamar Transit, LLC
Attn: Steve Cecil
2649 East Mulberry
Suite 20A
Fort Collins, CO 80524
Copy to:
Lamar Transit, LLC
Attn: Brent Window SVP/TM
12301 N Grant St. #240
Thornton, CO 80241
bwindow@lamar.com
City of Fort Collins
Attn: Kaley Zeisel
PO Box 580
Fort Collins, CO 80522
kzeisel@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
5. Contract Sum.
a. The Contractor shall pay the City based on a revenue share basis. On a monthly basis
the Service Provider shall calculate the revenue share with the City receiving 60% of the
Service Provider’s previous month’s revenue for advertising services pursuant to this
Agreement.
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The Service Provider shall make payments to the City quarterly beginning April 10, 2023
and quarterly thereafter on the tenth day of the month following such quarter (i.e. July
10, 2023).
b. The City's allocation (the "Allocation") for exterior and interior advertising space shall
be in accordance with Exhibit A, Section II, attached hereto.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
7. Independent Service Provider. The services to be performed by Contractor are those of an
independent service provider and not of an employee of the City of Fort Collins. The City
shall not be responsible for withholding any portion of Contractor's compensation hereunder
for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. Subcontractors. Contractor may not subcontract any of the Work set forth in the Exhibit A,
Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
will be subject to inspection by the City to the same extent as the work of the Contractor.
9. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Contractor and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Contractor shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
11. Warranty.
a. Contractor warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be like new and, where not specified, of the most suitable grade of
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their respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Contractor warrants all equipment, materials, labor and other work, provided under this
Agreement, except City-furnished materials, equipment and labor, against defects and
nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or
performed by Contractor or by any of its subcontractors of any tier. Upon receipt of
written notice from City of any such defect or nonconformances, the affected item or part
thereof shall be redesigned, repaired or replaced by Contractor in a manner and at a
time acceptable to City.
12. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this Agreement, such party may be declared in default by the non-defaulting party
by serving a notice of default (“Notice of Default”). The Notice of Default shall set forth the
manner in which the defaulting party is in default.
13. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) business days from the date of the Notice of Default to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to (a) terminate the Agreement and seek damages by serving a Notice of Termination; or
(b) avail itself of any other remedy at law or equity. If the non-defaulting party commences
legal or equitable actions against the defaulting party, the defaulting party shall be liable to
the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs
incurred because of the default.
14. Termination. The City reserves the right to terminate the Agreement with 15 days written
notice in the event the City Council or any other federal, state, or local mandate requires
removal of bus advertisements. In such event, the Contractor will be entitled to a pr orated
portion of the Contract Sum stated in paragraph 5 of the Agreement based on the effective
date of the termination.
15. Business Transition. Not more than ten (10) business days after the date of expiration or
termination of the term of the Agreement or in the event of termination for default, upon the
City’s request, the Service Provider shall remove all advertisements from the buses. The
Service Provider shall also provide a customer list including contact information and
itemization of current advertising to the City for the City’s use in its sole discretion. In
addition, if requested by the City the Contractor shall provide support as reasonably
necessary to facilitate a smooth transition of existing customer accounts to the new firm and
to ensure no service disruptions.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
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17. Indemnity/Insurance.
a. The Contractor agrees to indemnify and save harmless the City, its officers, agents and
employees against and from any and all actions, suits, claims, demands or liability of
any character whatsoever brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection
with the performance of any service hereunder.
b. The Contractor shall take all necessary precautions in performing the work hereunder to
prevent injury to persons and property.
c. Without limiting any of the Contractor's obligations hereunder, the Contractor shall
provide and maintain insurance coverage naming the City as an additional insured under
this Agreement of the type and with the limits specified within Exhibit B, consisting of
one (1) page, attached hereto and incorporated herein by this reference. The Contractor
before commencing services hereunder, shall deliver to the City's Director of
Purchasing, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate
evidencing the insurance coverage required from an insurance company acceptable to
the City.
18. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
19. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
20. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by City
Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186,
and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to
continue this Agreement in any fiscal year for which no such supporting appropriation has
been made.
Signature Page Follows
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, in duplicate, as of the day and year first herein written.
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
LAMAR ADVERTISING OF COLORADO PRINGS, L.L.C.
By:
Brent Window,
Senior Vice President & Territory Manager
Date:
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12/31/2022
Assistant City Attorney
1/5/2023
City Clerk
EXHIBIT A
SCOPE OF SERVICES
Introduction
The City of Fort Collins Transfort will engage Contractor to sell appropriate advertising space on
the exterior and interior of designated Transfort buses, as well as, maintain an effective
advertising sales operation sufficient to support the capital and operating expenses of the
program.
The Contractor will provide the following at its sole cost and expense and without any cost or
expense to the City, materials and services to at least the extent indicated, with such limitations
as provided herein.
Contractor will be solely and completely responsible for the maintenance, repairs, and upkeep of
all exterior and interior advertising panels.
I.GENERAL REQUIREMENTS for ADVERTISING
A.At all times during the performance of this Agreement, Contractor shall strictly
observe and conform to all applicable federal, state and local laws, rules, regulations
and orders that have been or may hereafter be established.
B.Contractor shall be solely and completely responsible for the fabrication of bus
advertising panels, both exterior and interior. Except for Transfort interior notices and
Transfort related interior advertisements.
C.Transfort shall reserve the right to place required vehicle regulations, notices and
postings on the interior overhead panels on each bus, as stated in section II D.
D.Advertising Vehicles:
1.41 Transfort buses with exterior and interior advertising
2.8 MAX Bus Rapid Transit (BRT) vehicles limited to interior advertising only
E.Advertising Panels Sizes and Quantities
Panel Size Quantity
21" X 44" 12
21” X 72" 40
30" X 144" 30
30” X 108" 9
30" X 96" 1
30" X 88" 6
30" X 72" 24
30" X 36" 10
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F. The Transfort vehicle fleet inventory is subject to change and from time to time vehicles
may be temporarily unavailable due to maintenance. In the event of a material change
in the size and/or composition of the fleet (+/- 10%) or due to a vehicle out of service
for a period greater than 45 business days the parties will discuss an equitable
adjustment in the minimum anticipated payment amount.
G. Contractor shall bear all costs relating to the arrangement for and preparation of bus
advertising for Transfort buses. The Contractor shall be responsible for the placement
of all advertising on Transfort buses except for Transfort interior notices and Transfort
related interior advertisements and for prompt and timely removal of outdated
advertising from buses with the exception of Transfort related advertising which shall
not be removed without prior written approval.
H. Transfort shall be responsible for purchasing and installing and maintaining the
advertising frames on the exterior of the vehicles. Provision and maintenance of the
exterior advertising frames shall be Transfort’s sole financial obligation under this
Agreement, except for production and placement of internal postings/advertisings and
payment for production of external advertising in accordance with Section II,
paragraph D hereto.
I. Contractor is not subject to general restrictions regarding the use of color on
advertising panels however, contractor must submit proofs of all proposed advertising
to the City representative in advance, for written approval of content, design, size, and
colors prior to being displayed on any interior/exterior of Transfort buses Transfort will
respond with an answer within two (2) business days except in the event Legal or
management review is required. The City reserves the right to approve or disapprove
all advertising content, copy, design, and colors to be displayed in or on Transfort
buses based on aesthetic considerations within the sole discretion of the City.
J. The parties acknowledge that the City’s objectives for the advertising program is not
for the purpose of establishing a forum for public speech and are to be carried out
through the performance of the resulting Agreement:
1. Generate revenue for the City through the placement of advertising on bus
interiors and exteriors
2. Advertising
3. Maintain a neutral position on political, religious, and ideological matters
4. Limit advertising to advertising that proposes a legitimate commercial
transaction and that will promote healthful, family-oriented products and
services appropriate for citizens of all ages.
5. Contractor shall be solely and completely responsible for the content of all bus
advertisements and is prohibited from displaying noncommercial advertising,
with the exception of advertising placed by Transfort. In addition the contractor
is prohibited from displaying the following types of commercial advertising:
a) Advertising that primarily conveys a political, religious, ideological or
other non-commercial message
b) Advertising of marijuana, alcohol or tobacco products;
c) Advertising that promotes illegal activities or transactions;
d) Advertising that is misleading or deceptive, or that constitutes a public
nuisance;
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e) Advertising of products or services available to adults only by law;
f) Advertising of any product or service primarily related to sexual or
violent activities or practices, or advertising of any product or service in
a manner that is sexually suggestive or that displays or suggests
violence or is inappropriate for minors; and
g) Any advertising reasonably determined to be inconsistent with the
above-stated objectives of the advertising program.
6. Advertising is not for the purpose of establishing a forum for public speech.
The City reserves to itself the sole and final authority as to whether proposed
advertising is consistent with these objectives.
7. All advertising in place during the term of the resulting Agreement shall comply
with this provision. Advertising that is determined by the City to be inconsistent
with these objectives shall be removed immediately upon receipt of a written
request for such removal by the Contractor.
K. Contractor must provide to the City representative a copy of his City sales tax license
and comply with all applicable sales and use tax regulations.
M. Contractor allocated space used by Contractor for any advertising purpose must
conform to all requirements of the contract.
II. ADVERTISING SPACE
A. The Contractor shall provide 10% of all exterior advertising space to the City.
1. The City's allocation (the "Allocation") for exterior advertising space shall be
in accordance with the below table. The City's cumulative Allocation for
Queen and King panels shall be at least five (5) with a minimum of one (1)
King panel. The number of Queen panels allocated to the City will be at
least four (4) panels. Panel space allocated to Transfort is to be provided
on unique vehicles.”
City’s Allocation
Panel Size Transfort Quantity
Headlight 3
Rear (16.5" X 72") 6
Queen 4
King 1
Total 14
2. For the above Allocation for exterior advertising space, the Contractor will
produce and install four (4) copy changes per year at no cost to the City. Any
additional copy changes will be completed by the Contractor for a cost of $25.00
per advertisement to the City for production and installation.
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3. The Allocation stated above is based on the number of buses stated in Section
I. D, which at the time of this Agreement is 41 Transfort buses with exterior and
interior advertising and 8 MAX Bus Rapid Transit (BRT) vehicles limited to
interior advertising only. In the event the number or type of buses changes, the
Allocation shall be adjusted as mutually agreed by the parties such that
Contractor shall allocate 10% of all exterior advertising space and 35% of
interior advertising space on 30, 31, 35, 40 and 60 foot buses to the City.
4. The Contractor shall provide 35% of interior advertising space on 30, 31, 35,
40, and 60 foot buses for required Transfort notices and Transfort related
advertising. Required Transfort notices include FTA regulations, code of
conduct, Title VI postings, Rider Alerts, Public Meetings announcements, Wi-Fi
instructions, bike rack instructions, MAX maps and any new notices mandated
by Federal, State or Local agencies. Transfort will produce and install all of their
own interior notices and Transfort related advertisements. If necessary, the
parties will mutually agree to designated locations of Transfort advertising
interior space.
5. The City may also purchase additional exterior and/or interior advertising space
from Contractor as available. Contractor shall offer the City a discount of at least
14% off the published rate or as otherwise mutually agreed upon by the parties
for advertising and public announcements of the City's sole choice, including
non-commercial messages.
In the event of a conflict between the following provisions of the Scope of Work and the
foregoing provisions of the Agreement, including the Scope of Work, the foregoing
provisions shall control.
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Contractor’s Key Leadership Team:
Contact Person – Primarily Responsible:
Brent Window – Vice President & General Manager
John Galitski—Operations Manager & Safety Coordinator
Cliff Moak – Sales Manager
Beth Riggs, Financial Account Manager
Single Point of Contact for Contractor:
Trevin Bensko-Wecks, Market Manager
Tbensko-wecks@lamar.com
Office: 970-493-4411 x113, Cell 719-466-0122
Single Point of Contact for Maintenance Issues:
Matt Kathol, Transit Foreman
mkathol@lamar.com
970-493-4411
Single Point of Contact for City (Project Manager, Transfort):
Kaley Zeisel, Administration Supervisor
Kzeisel@fcgov.com
Office: 970-224-6067, Cell 970-443-7353
Single Point of Contract for Garage
Mike Conley, Lead Mechanic
mconley@fcgov.com
Office: 970-221-6205, Cell 970-218-8039
The City’s and Contractor’s points of contact are subject to change from time-to-time by written
notification.
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Operations and Inventory Management
❑ Local Installers: Installers work and live in the area, we can respond to concerns in
less than 24 hours.
❑ Pre-posting and inspection procedures: Installers take extra precautions not to
cover bus numbers, branding and identification, and other critical information.
❑ Safety Training: All of our installation employees certify that they have read
Contractor’s Corporate Safety Manual. Installation employees wear high-
visibility vests and safety shoes on shift. Attendance at monthly safety meetings is
mandatory and documented for all operations staff.
❑ 3M Fleet Graphics Material: Contractor has used 3M products since 2000. We have
a strong relationship with 3M World Wide and are a working partner with them for
new product initiatives.
❑ Maintaining advertising inventory: Contractor maintains an up-to-date inventory
record showing the current number of buses available as well as the specific products
that are displayed both on interiors and exteriors of buses. Our advertising inventory
record includes the effective contract dates for each displ ay including the expiration
date for each contract.
❑ Scheduling: Contractor will continue to create and develop scheduling request
procedures and processes to ensure a cohesive productive relationship with each
garage.
❑ Minimal Impact: Contractor will continue to supervise our operations staff to ensure
seamless installation and removal with minimal encumbrance on transit operations and
equipment.
Contractor’s personnel will continue to comply with
all stipulated safety regulations including safety and
personal protective equipment. We remove any and
all materials; unused products and special waste,
dispose of them away from your facilities based on
OSHA regulations / specifications and requirements
of City of Fort Collins. We will not use hazardous
chemicals or materials in transit operations.
Contractor is fully capable and committed to
providing all preventative maintenance and cleaning
requirements to ensure the most presentable and
effective advertising possible. Contractor has an outstanding record of success in the work
performed by our installation and maintenance teams.
Work Order System:
Contractor will check for service requests daily on business days directly in the EAM system.
Contractor is responsible for moving the Work Order to work finished status in EAM upon
completion of the request. Response time depends on the urgency of the service request. High
urgency requests are responded to within 24 hours, often same day or not to exceed two (2)
business days. Access to the buses may affect response time.
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Organization & Planning
Contractor’s Colorado operations include office locations in Pueblo, Colorado Springs, Denver
and Fort Collins. General Manager Brent Window is responsible for all strategies to develop and
grow our revenue streams. Sales Manager Cliff Moak leads the growth and development of our
sales efforts. Our entire organization is focused on delivering the highest customer experience in
Colorado for each and every one of our clients. Our focus and commitment is to have constant
and consistent improvement. Sales staff includes 7 account executives, 3 account managers, 3
sales coordinators who are focused on developing new business opportunities across our markets.
Operations Manager and Safety Coordinator James Nobles oversees installation teams throughout
the state, coordinates with all operational staff and schedules all installs and removals. Office
Manager and Financial Account Manager Beth Riggs will provide customer service and sales
support for all sales efforts.
Contractor Graphics, the art services division of Contractor
employs a talented group of over 50 artists and customer
service representatives. Our art capabilities provide us a
significant advantage in the development of proposals and
speculative artwork for each new proposal. This group guides
and provides clients with the creativity necessary to develop
effective campaigns. Contractor’s investment in art design
and creation is offered as a free, value-added service to our
customers and often is the difference in making a sale.
Contractor utilizes a Customer Relations Management system to track the status of proposals
through various contracting stages, installation and billing. We employ a new business
development support staffs of 6 individuals that assist our account executives in the development
of new business opportunities. From prospecting to proposals to closing – our teams are
focused on growth. For invoicing and reporting we use accounting software along with a
proprietary web-based interface that links our field offices to headquarters in Baton Rouge,
Louisiana.
Contractor invests in Portfolio and MapInfo Professional®, market analysis research tools
which enable Contractor to provide a valuable and free service designed exclusively for our clients
and transit partners. With this software we can profile specific geographies, define individual
lifestyle characteristics and behaviors, including spending and transportation habits, and then
overlay that information directly onto specific transit route maps.
These powerful mapping and demography tools enable Contractor to provide a highly desirable
free service to our clients and transit agency partners.
Our Guiding Principles
❑ Maximize revenue and growth for our partners
❑ Commit to delivering the highest quality service to our customers
❑ Respond promptly to our customer’s needs and to those of our transit partners
❑ Maintain the highest degree of integrity and professionalism
❑ Continue to innovate and create new products
❑ Demonstrate financial accountability
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Our goal is to deliver superior financial returns to the City of Fort Collins and impeccable service.
We offer customers a turn-key advertising solution – from the conception of a campaign to the
design of the copy to the production and installation of the appropriate materials. This allows them
to focus on operating their businesses. Our revenues per bus ranks at the top of the industry and
our retention rate for our clientele is at an all-time high level for our industry.
Sales Plan
Contractor’s sales plan includes a focus on annual contract sales direct to local businesses. This
helps advertiser’s benefit from long-term exposure and product branding which ultimately delivers
the best results. Because of this extended exposure, we experience customer loyalty along with
some of the highest renewal rates in the industry.
Annual campaigns offer increased presence and visibility to local businesses on buses and shuttles.
This means that others will identify with the concept and acknowledge transit advertising as an
attainable and valuable medium. More demand increases occupancy and holds rate integrity.
Contractor believes in a consultative sales approach where client’s needs are identified and an
advertising campaign is then customized to provide a direct solution. By selling campaigns that
include the proper amount of displays for the proper amount of time, we have found that our clients
continue to utilize transit advertising as part of their long-term marketing efforts.
Our Sales Team is structured to provide clear recognition and measurement of key responsibilities:
❑ Prospecting
❑ Proposals
❑ Closing
Metrics:
Contractor establishes monthly, quarterly and annual sales budgets for sales. Transit advertising
opportunities are included on every response to national agencies. Account Executives are required
to generate new advertising opportunities for our transit partners and performance is measured
against these goals each week. Contractor’s sales coordinators provide sales materials, one sheets,
transit maps, photos, speculative artwork and templates to account
executive to drive new business.
Contractor leverages existing client relationships, both local and
national, through Contractor’s nationwide network of over 800
sales people. Sales manager works with our local and national
transit marketing teams to create specific marketing materials,
campaigns, and promotions specifically for our current transit
partners in Colorado.
Our Sales Manager and Account Executives network within the local area Chamber of Commerce,
Ad Clubs and other business organizations to promote transit advertising opportunities to
prospective buyers.
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On-Going Communications
Contractor shall meet with the Transfort Project Manager in person twice a month or as otherwise
mutually agreed. Contractor will respond to all inquiries via email and phone, generally same day,
or within 24 hours not to exceed two (2) business days.
In addition, the Contractor shall provide the reports listed below and such other reports as the
parties may mutually agree:
Monthly – First week of each month
-Daily Collections: Details revenues received on a daily basis by customers including display type
and number.
Quarterly – First week following the end of each quarter
- Customer name, customer number and term of contract
Start Up Procedures
Contractor has developed a streamlined experienced organization that will continue to improve.
There would be no interruption in the commercial sale and deployment of advertisements.
Contractor is in place & will continue with our experienced staff and organization to deliver for
the City of Fort Collins and our clients.
Advertising Policies
Contractor conforms to Advertising Policies and will ensure the highest quality advertisements are
displayed on Fort Collins buses.
Contractor has an obligation to exercise sound judgment relating to the acceptance of advertising
that we place on vehicles. Contractor trains its sales personnel to screen potential clients and review
proposed advertising copy for objectionable content.
❑ Contractor takes great pride in becoming familiar with the advertising policies, standards
and restrictions for its respective public partners and works hard to create definite, uniform
application and adherence to these standards.
❑ Contractor does not knowingly accept any advertising that is false, misleading or deceptive
commercial speech.
❑ It is Contractor’s intent not to allow or cause any of its providers’ property to become a
public forum for the debate, dissemination or discussion of public issues. In the case of any
disputes we discuss appropriate solutions and adhere to the final decision of City of Fort
Collins.
Free Speech Issues
Contractor is experienced with issues and differences involving free speech and commercial free
speech, and works effectively to protect our partners from direct involvement with clients
pertaining to these issues. Contractor has a successful record in monitoring public reaction to
advertising we place.
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Reporting, Record Keeping and Accountability
❑ Contractor has an outstanding reputation for providing timely reporting, accounting and
contract information. We are able to provide accurate contract administration necessary to
fulfill the scope of the agreement outlined.
❑ Contractor maintains records of installation, removal and certificates of audit for each
display. All pertinent information is recorded, including advertiser, terms of each contract,
display type and number.
As a public company Contractor is particularly sensitive to client trust and the need for
sound, ethical accounting and reporting behaviors.
Contractor adheres to SEC requirements and Sarbanes-Oxley. This includes our coordination of
all client sales contracts, advertising production, posting and removal of advertising materials. As
well Contractor will manage the billing and collections activities and other customary business
practices. Contractor considers our business practices a corporate asset and strives to provide the
detail and transparency required by our clients and the City of Fort Collins.
What We Stand For
❑ Serving Our Customers. We are dedicated to building strong relationships, providing
excellent customer service and delivering value to our customers. We are always looking for innovative new ways to support our customers and to become an even more valued media partner. ❑ Safety First & Always. Safety is our top priority. Our largest audience is the driving
public, and we understand that people see out-of-home ads while driving at high speeds.
We are firmly committed to the safety of the general public and in in addition to following external laws and regulations, we adhere to the OAAA Code of Industry Principles. We also create and maintain safe working environments for all of our employees. ❑ Community Support. Our goal is to leave every place that we’re privileged to operate in
better than the way we found it. We strive to be responsible corporate citizens. In hundreds
of communities across the U.S., Canada and Puerto Rico we support non-profit organizations in many ways including donations of time, through our Good Works Public Service Advertising program and utilizing our extensive Digital Display network to broadcast Amber, FBI, FEMA, Crime Stoppers and other emergency alerts on a local, state or national level.
❑ Honesty and Integrity. We live by the Golden Rule, and we operate with honesty and integrity in every aspect of our business. We are open with our employees, transparent with our customers and loyal to the communities in which we serve. ❑ Continuous Improvement. We strive to be the best. And more importantly, we are always
focused on how we get better. An example of this would be working with our business
partners to determine better, more environmentally sound ways to handle disposal of residual vinyl material. ❑ Diversity and Inclusiveness. Contractor is an Equal Opportunity Employer committed to a diverse workforce. We hire without regard to race, color, sex, national origin, religion,
age, marital status, sexual orientation, gender identity, gender expression, disability,
veteran’s status, height, or weight, or any other characteristics protected by law. We have implemented an extensive on-line Affirmative Action program to ensure we are fair and unbiased in our interviewing, hiring and promotion activities.
DocuSign Envelope ID: 874ECD50-20F3-4574-A405-87A44807E795
EXHIBIT B
INSURANCE REQUIREMENTS
1. The Contractor will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Contractor shall furnish the City with certificates of insurance showing
the type, amount, class of operations covered, effective dates and date of expiration of
policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Contractor, such insurance as
the City may deem proper and may deduct the cost of such insurance from any monies
which may be due or become due the Contractor under this Agreement. The City, its
officers, agents and employees shall be named as additional insureds on the Contractor
's general liability and automobile liability insurance policies for any claims arising out of
work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Contractor shall maintain
during the life of this Agreement for all of the Contractor's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Contractor shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Contractor shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.
DocuSign Envelope ID: 874ECD50-20F3-4574-A405-87A44807E795