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.