HomeMy WebLinkAbout205017 OUTDOOR PROMOTIONS - CONTRACT - RFP - P793 BUS SHELTERS BENCHES ADVERTISING ON SAME (5)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 WEST, L.L.C. and dated as of March 10, 2000 (which
was subsequently assigned with the consent of the City to Contractor, for the provision of bus shelters
and bus shelter advertising as modified by the ADDENDUM TO AGREEMENT between the parties
thereto, dated November 7, 2000 (together referred to herein as the "Agreement") and is entered into
effective the date last written below.
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.d of the Agreement is hereby modified by
deleting the original provision in its entirety and replacing the same with the following:
d. Each bus shelter shall contain three panels, two of which shall contain space for
advertising displays measuring no more than 48" wide and 72" high, positioned to
form a triangular display. Such displays shall be used solely for commercial
advertising materials as set forth herein. Contractor shall use its best reasonable
efforts to obtain revenue generating advertisements for the two advertising display
panels on each bus shelter. Except with respect to the monthly fee payable to
City pursuant to Section 3.a, below, Contractor shall have the right to retain all
revenues generated from the advertising displays on the bus shelters. Contractor
shall submit proofs of all proposed advertising to the City in advance, for approval
of content and consistency with this Agreement. In the event the City provides
written notification to the Contractor than a displayed advertisement is
unacceptable to the City, Contractor shall remove such advertisement within forty-
eight (48) hours, or, if Contractor has failed to do so, the City may remove the
same at its own cost and expense. 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 commercial advertising on City bus shelters; (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 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;
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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: 2��1
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THE CITY OF FORT COLLINS, COLORADO
By. D" U
mes B. O'Neill II, CPPO
irector of Purchasing and Risk Management
APPROVED AS TO FORM:
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Assistant City Atto
OUTDOOR PROMOTIONS, INC.
Dated: By:
ary Y s PrE&nt