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HomeMy WebLinkAbout205017 OUTDOOR PROMOTIONS - CONTRACT - RFP - P793 BUS SHELTERS BENCHES ADVERTISING ON SAME (4)SECOND ADDENDUM TO AGREEMENT This Second Addendum to Agreement by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter referred to as "the City") and OUTDOOR PROMOTIONS, INC. (hereinafter referred to as "the Contractor") is an addendum to the Agreement between the City and OUTDOOR PROMOTIONS, L.L.C. and dated as of November 8, 1995, for the provision of bus bench advertising as modified by the ADDENDUM TO AGREEMENT between the parties thereto, dated December 15, 2000 (together referred to herein as the "Agreement") (which Agreement had been assigned with the Consent of the City to Outdoor Promotions West, LLC, and then to Contractor) and is entered into effective the date last written below. 1. The parties hereby agree that notwithstanding the provisions of the Agreement, the term of the Agreement shall extend to May 31, 2001, and shall at that time terminate with no further action by either party. 2. The parties further agree that Paragraph 2.h of the Agreement is hereby modified by deleting the original provision in its entirety and replacing the same with the following: h. The parties acknowledge that the City's objectives for the advertising program to be carried out through the performance of the Agreement are to: (1) generate revenue for the City through the placement of advertising on City bus benches; (2) maintain a neutral position on political, religious and ideological matters; and (3) 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. Because the City's sale of advertising space is for the purpose of raising revenue, and 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. All advertising in place during the term of this 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. Advertising hereunder may not include or constitute the following: i. advertising that primarily conveys a political, religious, ideological or other non-commercial message; ii. advertising of alcohol or tobacco products; iii. advertising that promotes illegal activities or transactions; iv, advertising that is misleading or deceptive, or that constitutes a public nuisance; V. advertising of products or services available to adults only by law; vi. 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 vii. any advertising reasonably determined to be inconsistent with the above -stated objectives of the advertising program. 3. Except as set forth herein, the Agreement shall remain in full force and effect unmodified. IN WITNESS WHEREOF, the parties hereto have entered into this Second Addendum to Agreement. Dated: 3 /-7 2oJ Dated " S THE CITY OF FORT COLLINS, COLORADO By: lJ/� Vames B. O'Neill 11, CPPO Director of Purchasing and Risk Management APPROVED AS TO FORM: Assistant City Atto OUTDOOR PROMOTIONS, INC.