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HomeMy WebLinkAbout09008RESOLUTION NO. 9008 A RESOLUTION APPROVING AN EXTENSION AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE LAMAR CORPORATION D /B /A/ LAMAR TRANSIT ADVERTISING OF BATON ROUGE, LOUISIANA, RELATING TO TRANSIT PASSENGER SHELTERS WITH ADVERTISING. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Extension Agreement dated as of June 1, 2000 between Pueblo, a Municipal Corporation and Lamar Transit Advertising Corporation relating to a job creating capital improvement project, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is authorized to execute and deliver the Extension Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. ASSEST: City rk INTRODUCED: May 8 1 2000 Al Gurule Councilperson APPRPS ED: I it President of the City Council COUNCIL AGENDA TITLE: Bus Shelter Advertising AGENDA ITEM # CORPORATION: Pueblo Transit DATE: 5/8/00 ISSUE: If approved by City Council, the Advertising Agreement between City of Pueblo and Lamar Transit Advertising would be extended for a period of five (5) years, June 1, 2000 through May 31, 2005, per the standing Agreement. RECOMMENDATION: Approval of Resolution. BACKGROUND: During the past five (5) years Lamar Transit Advertising has supplied and maintained the majority of bus shelters in the City of Pueblo in accordance with the Advertising Agreement between Lamar Transit Advertising and City of Pueblo. FINANCIAL IMPACT: Fifteen percent (15 %) of the gross advertising sales is submitted to the general fund subsidizing Pueblo Transit's annual budget. AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE LAMAR CORPORATION, LLC This Agreement made and entered into by and between the City of Pueblo, a municipal corporation of the State of Colorado (hereinafter called "CITY "), and The Lamar Corporation, LLC (hereinafter called "CONTRACTOR "). SECTION I - SERVICE OF CONTRACTOR A. BASIS SERVICES CONTRACTOR, to the satisfaction of Pueblo Transit's General Manager (hereinafter called "GM "), shall provide services, equipment, personnel and management to provide safe, clean, attractive bus passenger shelters with advertising and generate revenue for CITY. CONTRACTOR hereby agrees to perform all services in accordance with current, applicable statutes, ordinances and regulations including city zoning requirements and designations. The GM before placement in the public right -of -way must approve all shelter designs. 2. CONTRACTOR agrees to provide and install 65 new bus shelters within the first year of the contract and maintain at minimum 65 bus shelters during the term of this contract. B. SHELTER LOCATIONS 1. Provide the GM with a current monthly location list of all shelters with advertising. Shelters may only be moved with the permission of the GM or his/her designee. 2. Locate shelters at designated locations within City -owned rights -of -way pursuant to a revocable permit for each location issued by City Council of CITY. Locations on privately owned property require written authorization of the owner and copy of same shall be provided to and approved by CITY before a shelter is placed in privately owned land. 3. All shelter locations require the approval of the GM to ensure locations that are safe for bus patrons. At no time may the shelter impede pedestrian, wheelchair or vehicle travel. 4. Whether or not an advertising shelter design or location is suitable or safe shall be determined after collaboration between GM and Department of Transportation. CONTRACTOR shall relocate or remove any shelter as directed by the GM and /or City Council of CITY. C. ADVERTISING Maintain a trained professional sales staff to promote advertising. Provide monthly reports to be submitted with CITY'S payment, giving an accounting to the month's sales activities. CITY reserves the right to approve all advertising prior to its placement in the public right of way. Advertisements deemed objectionable by the GM or his /her designee shall not be used and shall be immediately removed by CONTRACTOR, at CONTRACTOR'S sole expense, upon receipt of written notice to remove: The following standards for advertising will apply and advertising copy may not be displayed which: a. Is false, misleading or deceptive. b. Relates to an illegal activity. C. Is explicit sexual material, obscene material, or material harmful to minors. d. Advertises alcohol or tobacco products. e. Depicts violence and /or anti - social behavior. f. Holds up individuals or groups of people to public ridicule, derision or embarrassment. g. Includes language that is obscene, vulgar, profane or scatological. 2. Advertisement of a public service, educational or charitable nature shall be subject to one -half the advertising rate as commercial advertisers. CITY shall have the right to utilize all unsold advertising space at its discretion. All such space shall be subject to preemption for paying advertisers. CITY shall provide CONTRACTOR all advertising displays ready for installation. CONTRACTOR shall install the displays at no cost to CITY. 4. All dated advertising copy shall be removed promptly after the date cited in the advertisement has passed. Such advertising copy shall be checked on a monthly basis to be certain dated material is removed promptly. Old advertising must be completely removed before new material is applied. D. ADVERTISING RATES AND CONTRACTS Establish and publish all advertising rates and keep an updated copy on file with CITY at all times. 2. Report and provide CITY with copies of all trade /barter contracts that CONTRACTOR may obtain or have during the life of this Agreement. Compensate CITY for such trade/barter contracts in the same manner compensation for cash contracts is made, by paying CITY moneys equal to the 2 percentage that CITY would receive from such contracts if they were cash contracts. CONTRACTOR'S contracts with advertisers shall not contain any provision which prohibits or in any way restricts the assignment of such contracts to CITY at the end of the term of this Agreement, or any earlier termination thereof. 4. Each month provide CITY with a copy of all advertising contracts entered into for advertising. E. MAINTENANCE REQUIREMENTS Properly maintain the shelters and the immediate area in good condition and repair. At a minimum CONTRACTOR shall provide cleaning and maintenance services two (2) times each month for each location. A proposed maintenance schedule listing specific cleaning and maintenance tasks shall be submitted to CITY for approval upon execution of the Agreement. CONTRACTOR shall clean and maintain shelters and the immediate area within twenty -four (24) hours when requested by CITY in response to citizen complaints or field observation. 2. Damaged shelters shall be removed or satisfactorily repaired within seventy -two (72) hours of notification by CITY. It is CONTRACTOR'S responsibility to keep shelters in safe and orderly condition at all times. Maintain adequate trained personnel for maintenance work. F. ACCOUNTING RECORDS 1. CONTRACTOR agrees to keep books and accounts in a method and form acceptable to CITY; said books and accounts to be open to inspection and audit during working hours, by CITY or its designee. 2. CONTRACTOR shall furnish CITY with a statement of gross receipts of its operations each month. CONTRACTOR shall submit annual audited financial reports to include a balance sheet, profit and loss statement and such other information as CITY may reasonably require. G. SATISFACTORY PERFORMANCE PROVISIONS CONTRACTOR shall furnish all necessary labor, tools, equipment and supplies to perform the required service. The GM or his /her designee shall decide all questions and acceptability of any work performed under the Agreement. If, in the opinion of the GM or his /her designee, performance or compliance under the Agreement becomes unsatisfactory, CONTRACTOR shall be notified. 2. CONTRACTOR shall have five (5) working days from the time of notification of unsatisfactory performance to correct any specific instances of unsatisfactory performance. In the event the unsatisfactory performance is not corrected within the time specified above, CITY shall have the immediate right to complete the work to its satisfaction and shall submit an invoice for the cost to CONTRACTOR. Said invoice shall be payable by CONTRACTOR within thirty (30) calendar days of its issuance. Repeated incidence of unsatisfactory performance will result in cancellation of the Agreement for default. All corrective work performed by CITY will be invoiced as follows: a. A standard hourly rate, plus the cost of materials, plus a handling charge equal to ten percent (10 %) of the cost of materials. b. The standard hourly rate of $29.00 per hour is an average service rate subject to review annually. CONRACTOR will comply with the performance standards set forth in this Agreement. CITY and CONTRACTOR will meet from time to time to evaluate CONTRACTOR'S performance. 4. CONTRACTOR shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan. CONTRACTOR shall meet and comply with the Title VI Assurances set forth in Section VI B of this Agreement. 6. CONTRACTOR agrees to make, execute and deliver, on or before the 1 St day of each contract year, a good and sufficient surety bond, payable to the City of Pueblo, conditioned upon the faithful performance of the terms and conditions hereunder. The sum of such bond shall be an amount of one year's average annual revenue share, payable to CITY, for the privileges granted hereunder. The surety on said bond shall be a surety company duly authorized to do business in the State of Colorado and acceptable to City of Pueblo. Such surety bond shall contain a stipulation that the surety agrees to give CITY thirty (30) calendar days' written notice prior to any modification or cancellation of bond by the surety company. H. INSURANCE AND INDEMNIFICATION CONTRACTOR agrees to carry all insurance that may be required by Federal and State Laws, and city ordinances, regulations and codes. CONTRACTOR agrees to indemnify and hold harmless City of Pueblo, its officers, agents and employees, from all suits actions, loss, damage and expenses of any character or any nature, including attorney fees and cost of litigation arising out of or resulting 0 directly or indirectly from the negligent acts or omissions of CONTRACTOR, its officers, employees or agent, or, the work done in fulfillment of the terms of this Agreement, or on account of any act, claim or amount arising or recovered under Worker's Compensation Law, or arising out of the failure of CONTRACTOR or those acting under CONTRACTOR to conform to any statutes, ordinances, regulations, law or court decree. It is the intent of the parties to this Agreement that CITY shall, in all instances, except for a loss or damage to persons or property resulting from the sole negligence of CITY, be indemnified against all liability, loss, costs, expenses, including reasonable attorney fees, or damage of any nature whatever for or on account of any injuries or death of person or damages to or destruction of property belonging to any person arising out of or in any way connected with the performance of this Agreement, regardless of whether or not the liability, loss or damage is caused by, or alleged to be caused in part by the negligence, gross negligence or fault of CITY. It is agreed that CONTRACTOR will be responsible for primary loss investigation, defense and judgement costs where this contract of indemnity applies. 2. In connection with the above Insurance and Indemnification, CONTRACTOR agrees to provide and maintain during the life of the Agreement, the following types of insurance in the amounts listed: Type of Insurance Workers Compensation Employers' Liability General Liability Comprehensive Form Premises and Operations Independent Contractor (OCP) Products /completed Operation Broad Form Property Damage Personal Injury with Exclusion "C" Deleted Contractual Liability Explosion, Collapse and Underground Exclusions Deleted (where applicable) Vehicle (Automobile) Liability Owned Limits of Liability (Minimum) Statutory $500,000.00 (Each Accident) $1,000,000.00 (Combined) Single Limit $1,000,000.00 (Combined) Single Limit Hired Non -Owned CITY shall have no responsibility of liability for such insurance coverage. 4. Provide a Certificate of Insurance on a standard insurance industry Accord form evidencing a total combined single limit liability of at least One Million Dollars ($1,000,000.00) to CITY upon execution of this Agreement. The Certificate shall be issued by an insurance company authorized to transact business in the State of Colorado. Insurance coverage shall not expire until all work under this Agreement has been completed. 5. Certificates shall be renewable annually. If an insurance policy does expire during the life of the Agreement, CONTRACTOR shall provide a renewal certificate of the requested insurance coverage to CITY not less than thirty (30) calendar days prior to the expiration date. 6. CONTRACTOR shall furnish CITY with a Letter of Certification from the Industrial Commission of Colorado, that CONTRACTOR is insured by the State Compensation fund or is an authorized self - insurer, or a Certificate of Insurance issued by an insurance company authorized by the Colorado Department of Insurance to provide Workers' Compensation and Occupational Disease and Employer's Liability Insurance in the State of Colorado. 7. CITY, its officers, agents and employees, shall be named as additional insureds on all applicable policies, and this shall also be indicated on Certificates of Insurance issued to CITY. All Certificates issued in connection with this Agreement shall provide for a thirty (30) calendar day written Notice of Cancellation. A copy of this cancellation will be sent to CITY by certified mail. SECTION II - TIME OF PERFORMANCE 1. The services to be performed under this Agreement shall be for a five (5) year period commencing June 1, 2000, and continuing through May 31, 2005. Any provision of this Agreement or its attachments, or any renewal or extension permitted under same, which imposes or may impose upon CITY, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent to the original year of execution of the Agreement is expressly made contingent upon and subject to funds for such financial obligation being lawfully appropriated, budgeted and otherwise made available. SECTION III - PAYMENTS Payments to CITY shall be made as follows by CONTRACTOR: C9 ADVERTISING SHELTERS a. CONTRACTOR agrees to pay CITY a fee equal to fifteen percent (15 %) of the gross revenue received from all advertising sales that will be displayed on shelters. b. All payments hereunder shall be made on a monthly basis throughout each calendar year of contract and Agreement. CONTRACTOR further agrees to maintain such books, records, documents, and other evidence and accounting procedures and practices as may be necessary to reflect the services performed by it for the residents of CITY pursuant to this Agreement. All such records shall be available to CITY at all reasonable times for inspection, review or audit. 2. "Contract Year" includes the twelve months following execution of the Contract and Notice to Proceed with the work. 3. CONTRACTOR agrees to provide a "Rotary Billboard" free of charge to Pueblo Transit during the duration of this Contract. SECTION IV - THE CITY'S RESPONSIBILITIES CITY shall provide CONTRACTOR with all available information pertinent to the project together with guidance and direction to achieve project objectives. SECTION V - GENERAL CONDITIONS A. Claims Against City CONTRACTOR shall operate as an independent contractor. It is agreed that CONTRACTOR is an independent CONTRACTOR, and not an officer, agent, servant or employee of CITY. CONTRACTOR shall be solely responsible for the acts and omissions of its officers, agents, servants or employees. B. Additional Work Additional work, when authorized by executed Contract Change Order, shall be compensated for by a fee mutually agreed upon between CITY and CONTRACTOR. C. Successors and Assigns This Agreement shall not be assigned except at the written consent of CITY; and it shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 7 D. Disputes For purposes of this Agreement, the contract administrator is the General Manager (GM). In any dispute concerning a question of interpretation of fact in connection with the work not disposed of by agreement between CONTRACTOR and CITY, the GM shall make the final determination. E. Covenant Against Contingent Fees CONTRACTOR warrants that no person has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee; and that no member of the City Council, or any employee of the City of Pueblo has any interest, financially or other wise, in this Agreement. For breach or violation of this warranty, CITY shall have the right to annul this Agreement without liability, or in its discretion to deduct from the consideration, the full amount of such commission, percentage brokerage, or contingent fee. F. Termination If either CONTRACTOR or CITY fails, neglects or refuses to make any payment under this Agreement or to perform any of its covenants, terms and conditions when and as required under this Agreement (the "default "), the non - defaulting party may give written notice to the defaulting party. If the default is not cured or corrected within fifteen (15) calendar days after request of such notice, the non - defaulting party may, in addition to such remedies as are available at law or in equity, terminate this Agreement upon three (3) days written notice to the defaulting party. If CITY discontinues or ceases to operate its public transit CITY may terminate this Agreement upon thirty (30) days written notice to CONTRACTOR. G. Ownership of Documents All documents including, but not limited to, work schedules, estimates, advertising contracts, investigations, reports, and studies which are prepared in the performance of this Agreement are to be and remain the property of CITY and are to be delivered to CITY. H. Records and Accounting All records pertaining to this Agreement and records of accounts between CITY and CONTRACTOR shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representative for audit during normal business hours. In addition, the records shall be subject to audit by the United States Department of Transportation and the Comptroller General of the United States. All records must be retained for a period of at least three years following the conclusion of all services performed under this Agreement, or the final payment to CITY, or following the resulting pending matters, which is later. I. Ownership - Bus Shelters The bus shelters shall remain the sole property of CONTRACTOR. At the expiration of this Agreement, the shelters may be sold to CITY or subsequent contractor for the fair market value of the shelters. However, if this amount is not agreed upon, the shelters must be removed by CONTRACTOR within sixty (60) days of termination of this contract. At the end of this contract, CONTRACTOR shall no longer possess the right to maintain, operate or install bus shelters or benches on CITY owned land. SECTION VI - SPECIAL PROVISIONS A. CONTRACTOR agrees that in connection with performance of this Agreement, CONTRACTOR will cooperate with CITY in meeting its commitments and goals with regard to the maximum utilization of minority business enterprises and CONTRACTOR will use its best efforts to insure that minority business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this Agreement. B. CONTRACTOR shall comply with the provisions of this Agreement pertaining to discrimination and accepting of applications or hiring employees. CONTRACTOR will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex, handicap or disability or national origin. Such action shall include: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training. CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment, notices setting for the provisions of this Equal Opportunity clause. CONTRACTOR further agrees to insert the foregoing provisions in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials. C. CONTRACTOR shall provide all information and reports required by CITY or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by CITY to be pertinent to ascertain compliance with Title VI Assurances, orders and instructions. D. This assurance is given by CONTRACTOR and is binding on it, subcontractors, transferees, successors in interest and other participants. E E. This Agreement and Contractor's performance hereunder are subject to the provisions of Section 9 -10 -87 of the Pueblo Municipal Code which Contractor agrees to abide by and comply with, as set forth in Attachment A. This Agreement shall be in full force and effect only when it has been approved by the City Council of the City of Pueblo, Colorado, and when executed by the duly authorized City officials. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on L <l ®TJ City of P lo, Colorado : B Y President of City Council Approved as to form: By: Cit A ---- ATTEST: ity Clerk CONTRACTOR By: U& Title Employer Identification Number 10 ATTACHMENT A Licenses and Permits - -- Section 9 -10 -86 (8) A permit issued pursuant to this Section shall expire on December 31 of the year in which the permit is issued and may be revoked at any time without cause. (9) A permit issued under this Section shall contain the following: a. The name, address and telephone number of the permittee; b. The period of time for which the permit is issued; c. The location and hours of opera- tion; and d. A statement that the permit is sub- ject to the provisions of this Section. (10) Any person, firm or corporation, or any officer or director thereof, employing any employee shall be liable for the violation of any provision of this Section by the employee. (Ord. No. 5878, 6- 27 -94) Sec. 9- 10 -87. Bus stop shelters and courtesy benches; permits; requirements; penalties. (a) It shall be unlawful and a municipal offense for any person to construct, place, affix or maintain any bus stop shelter, building, kiosk, structure or bench upon any street, sidewalk or public right -of -way within the City except and unless such person obtains a revocable permit for a bus stop shelter or courtesy bench as pro- vided in this Section; and it shall be unlawful and a municipal offense for any person to whom a revocable permit has been issued pursuant to this Section to violate any term or condition of such permit, or to violate any permit require- ment set forth in this Section. (b) An application for a permit under this Section shall be submitted to the License Officer and shall include the following information and attachments: (1) The name, address and telephone number of the applicant; (2) A description of the location or locations of the proposed shelter or shelters and bench or benches together with a draw- ing which shows the location in relation to City monuments; (3) A description and drawing of the proposed shelter(s) or courtesy bench(es); (4) An acknowledgment by the appli- cant of the required proof of insurance to be filed before undertaking placement of any shelter or bench upon the public right -of- way; and (5) If the application concerns a pro- posed shelter, sufficient evidence that the location is proximate to a bus stop or route for the mass transit system. (c) Upon submission of the permit appli- cation to the License Officer, the License Offi- cer shall review the application for completeness and either return it to the applicant with a written statement identifying any items that are missing or incomplete or present the completed applica- tion to a review committee composed of the Director of Public Works, the Director of Transportation, the Traffic Engineer and the License Officer. Within thirty (30) days of receipt of the completed application, the review committee shall review the completed applica- tion for conformance with the requirements set forth in this Section, determine whether and to what extent the proposed facilities would impact upon pedestrian and vehicular traffic or interfere with City infrastructure or franchised utilities, and prepare written comments and recommen- dations to the City Council thereon, including without limitation, recommendations concerning the granting or denial of the permit and any con- ditions which should be incorporated therein. Within thirty (30) days of completion of review, 9 -61 Supp. 2 Licenses and Permits - -- Section 9 -10 -87 the application, comments and recommendations of the review committee shall be submitted to the City Council for consideration. At that time the City Council may grant or deny the permit, or grant the permit with such conditions and limitations as the City Council may determine to be in the best interest of the public. (d) All permits issued by the City Council pursuant to this Section shall be subject to the following requirements which must be observed by the permittee: (1) The location of the shelter or cour- tesy bench shall conform to the location approved by the permit and shall not exceed the number of square feet or encroachment on public right -of -way authorized in the per- mit. (2) Before commencing the erection or placement of any shelter or bench under the permit, the permittee shall: a. Obtain any required building permit and comply with any other requirements of law; provided, however, that notwithstanding anything to the contrary in Title IV of this Code, no building permit fee shall be charged for any building permit for a bench or shelter authorized under this Section; and b. Secure and maintain in effect dur- ing the life of the permit comprehensive general liability insurance, including completed operations and contractual coverages for bodily injury, including death, and property damage, with a com- bined single limit of not less than six hun- dred thousand dollars ($600,000.00); and c. File with the License Officer an indemnity agreement, in a form approved by the City Attorney, wherein the per - mittee shall agree to release, indemnify, defend and save the City, its officers, agents and employees harmless from and against all claims, actions, causes of action, demands, penalties, judgments, costs and expenses, including reasonable attorney fees, resulting in any manner from or arising, directly or indirectly, out of the issuance of the revocable permit under this Section or the placement and maintenance of any bus shelter or cour- tesy bench pursuant thereto. (3) Shelters and benches may contain any form of advertising matter subject to the following limitations: a. Advertising matter upon bus shel- ters may not exceed thirty -five percent (35 %) of the area of the side walls on the shelter; b. Advertising matter upon courtesy benches may be placed only upon both sides of the seat back and may not extend beyond the top of the seat back; and c. Advertising displayed upon shelters or benches shall not contain any matter harmful to minors, as defined in Section 11 -1 -704 of this Code, nor. contain tobacco or alcohol advertising to the extent such advertising may not be displayed under enforceable state or fed- eral law or regulations applicable to media to which minors are reasonably expected to be exposed. (4) The permittee shall at all times keep and maintain shelters and benches in a clean condition and in good state of repair. Per - mittee shall promptly remove any graffiti in accordance with City ordinances. (5) In the event any shelter or bench is to be located in a Historic Business Zone District, the general style, design and color selection of the shelter or bench shall be reviewed by the architectural review com- mittee for the District and approved in accordance with the procedures set forth in Section 17- 4- 51(12.1)d. of this Code; pro- vided, however, that the committee shall have no authority whatsoever to review or approve the advertising content which a per- 9 -62 Supp. 2 Licenses and Permits - -- Section 9 -10 -87 mittee may place upon shelters or benches, or the colors, pictures, text, design, schemes or patterns within any such advertising content. (e) Except as specifically required by this Section or by provisions incorporated by reference in this Section, advertising located upon bus shelters and courtesy benches shall be exempt from City zoning ordinance provisions relating to signs. (f) Every permit granted pursuant to this Section is and shall remain subject to revocation by the City Council at its pleasure. No vested or other right of any kind whatsoever is intended to be granted or conferred hereby, it being intended that permits issued hereunder are pursuant to the .authority of Section 16 -9 of the Charter allowing permits to be granted for temporary purposes. (g) The provisions of this Section are hereby declared to be severable, and if any sub- section, sentence, clause, phrase or portion thereof shall be held unconstitutional or invalid, the remainder of this Section shall continue in full force and effect. (Ord. No. 6304 §2, 4 -13- 98) Sec. 9- 10 -88. Temporary civic banners; permit required; penalties. (a) It shall be unlawful and a municipal offense for any person to hang, affix, erect, place or maintain any sign, placard or banner upon, over or across" any street, sidewalk, alley, or public parking lot or structure within the City or upon any City owned building except and unless such person obtains a permit therefor as pro- vided in this Section; and it shall be unlawful and a municipal offense for any person to whom a permit has been issued pursuant to this Section to violate any term or condition of such permit, or to violate any permit requirement set forth in this Section. (b) As used in this Section, the term civic banner shall mean a display banner or cloth decoration intended to be hung or placed upon, over or across a street, sidewalk, alley or other right -of -way or upon any City building or struc- ture and which functions to promote, recognize or celebrate any of the following: (1) Events of national, state or local civic significance; (2) Community events; (3) Business district identification; (4) The Colorado State Fair and Indus- trial Exposition; (5) The winter holiday and festivities season; (6) National or state holidays and other commemorative days; (7) Conventions of state or national organizations being held within the City; and (8) Visits from elected officials, foreign dignitaries, sister city delegations and distin- guished persons of science, academia, the arts, industry and labor. (c) Any person desiring to obtain a permit to hang, affix, erect, place or maintain a civic banner under this Section shall submit an appli- cation therefor to the City Traffic Engineer, not less than thirty (30) days prior to the first day upon which display is desired. The application shall be accompanied by a nonrefundable appli- cation fee of twenty dollars ($20.00), or such other amount as Council may, from time to time, establish by resolution, and shall include the following information and attachments: (1) The name, address and telephone number of the applicant; (2) A description of the location where the civic banner is proposed to be hung, affixed or placed and the manner in which it is to be supported; (3) The day or dates when display of the civic banner is proposed; 9 -62a Supp. 2 D ED D ° City of Pueblo OFFICE OF THE CITY ATTORNEY 127 Thatcher Building PUEBLO, COLORADO 81003 MEMORANDUM TO: Gina Dutcher, City Clerk FROM: City Attorney RE: Resolution No. 9008 DATE: May 12, 2000 We return herewith Resolution No. 9008 and attached Agreement between the City and The Lamar Corporation, LLC together with copy of my May 9, 2000 memorandum to Ella Bowman, Director of Transmit. Until the Agreement is modified by the recommended subsection E of Section VI and attachment "B" is annexed to the Agreement, we are unable to approve the Agreement. If you have any questions, please call me. Thomas E. Jagg� /iP Enclosures xc: Ella Bowman, Director of Transit 10 PUEBLO T R A N S I T June 19, 2000 Gina Dutcher City Clerk's Office City Hall Pueblo, CO 81003 RE: Lamar Corporation, LLC - Contract Dear Gina: Enclosed are duplicate originals of the Agreement Between The City of Pueblo and The Lamar Corporation, LLC. They have been signed by the Vice - President of Lamar. After both originals of the Agreement have been signed by all of the necessary City personnel, please retain one original for city records and return the other original to our office. We will then retain a photocopy for our records and send the fully executed original to Lamar. If you have any questions, please contact me. Sincerel , Robin Seabrook Administrative Assistant Enclosures /res 350 S. Grand Avenue / Pueblo, Colorado 81003 / (719) 542 -8763 / FAX: (719) 549 -6082