HomeMy WebLinkAbout10750RESOLUTION NO. 10750
A RESOLUTION APPROVING AN 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 Agreement dated as of June 12, 2006 between Pueblo, a Municipal Corporation and
Lamar Transit Advertising Corporation relating to transit passenger shelters with advertising, 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 Agreement in the
name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same.
INTRODUCED June 12, 2006
BY Randy Thurston
Councilperson
APPROVED:
President of Cit Council
ATTESTED BY:
CITY CLERK
MWMANERE'"
Background Paper for Proposed
RESOLUTION
Ax. V X05)
AGENDA ITEM # I 1
DATE: June 12, 2006
DEPARTMENT: PUEBLO TRANSIT
DANIEL E. CENTA, P.E.
DIRECTOR OF PUBLIC WORKS
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE LAMAR CORPORATION DB /A/ LAMAR
TRANSIT ADVERTISING OF BATON ROUGE, LOUISIANA, RELATING TO TRANSIT
PASSENGER SHELTERS WITH ADVERTISING
ISSUE
Should the City Council approve the Advertising Agreement between City of Pueblo and
Lamar Transit Advertising for a period of five (5) years, commencing June 1, 2006
through May 31, 2011.
RECOMMENDATION
Approval of Resolution.
BACKGROUND
The City of Pueblo published a Request for Proposal (RFP) for Transit Passenger
Shelters with Advertising, and mailed the pertinent documentation to four (4) Transit
Advertising agencies in addition to placing it on the City's web -site (see enclosed documents
and bid evaluation summary). Only one agency, Lamar Transit Advertising, responded and
met all project requirements.
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
Pueblo Transit will receive 20% of gross advertising revenue.
AGREEMENT BETWEEN THE CITY OF PUEBLO
0
THE LAMAR CORPORATION, D/B /A LAMAR TRANSIT ADVERTISING
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 Co 'on.
d/b /a Lamar Transit Advertising, of _Baton_ R ome. Louisiana (hereinafter called
"CONTRACTOR ").
WITNESSETH:
WHEREAS, the City by and through Pueblo Transit operates and conducts a public
transit system;
WHEREAS, public transit plays an important role in transporting large numbers of
people to and from work places, social service organizations, public events and activity centers
in an energy conscious manner; and
WHEREAS, the City desires to generate revenue to support public transit and provide
for the comfort and convenience of its passengers; and
WHEREAS, the Contractor desires to furnish the required equipment, plant and
personnel to provide bus passenger shelters with advertising at designated transit stops; and
NOW, THEREFORE, in consideration of the foregoing mutual covenants and
considerations hereinafter contained, it is agreed by and between the City and the Contractor as
follows:
SECTION I — SCOPE OF SERVICE
A. BASIC SERVICES
The Contractor, to the satisfaction of the Director of Public Works or his/her designee,
shall provide services, equipment, personnel and management to provide safe, clean,
attractive bus passenger shelters with advertising and generate revenue for the City. The
Contractor hereby agrees to perform all services in accordance with current, applicable
statutes, ordinances and regulations including City zoning requirements and
designations. All shelter designs must be approved by the Director of Public Works
before placement in the public right -of -way. All requirements indicated in the Request
for Proposal for Project No. 06-028 shall, by reference, be included as part of the basic
services.
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B. SHELTER LOCATIONS
Provide the Director of Public Works or his/her designee with a current monthly
location list of all shelters with advertising. Shelters may only be moved with the
permission of the Director of Public Works or his/her designee.
2. Locate shelters at designated locations within City -owned right -of -way pursuant
to a revocable permit for each location issued by the 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 the City before a
shelter is placed in privately owned land.
3. All shelter locations require the approval of the Director of Public Works 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 by the Director of Public Works or his/her designee. The
Contractor shall relocate or remove any shelter as directed by the Director of
Public Works and/or City Council of City.
C. ADVERTISING
Maintain a trained professional sales staff to promote advertising. Provide monthly
reports to be submitted with the City's payment, giving an accounting to the month's
Wes activities. The City reserves the right to approve all advertising prior to its
placement in the public right of way.
Advettisements deemed objectionable by the Director of Public Works 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:
1. The following standards for advertising have been adopted 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. Supports or opposes a candidate, issue or cause, or which advocates or
opposes a religion, denomination, religious creed, tenet or belief.
f. Depicts violence and/or anti- social behavior.
g. Holds up individuals or groups of people to public ridicule, derision or
embarrassment.
h. Includes language that is obscene, vulgar, profane or scatological.
✓ 2. Advertisements of a public service, educational or charitable nature shall be
subject to the same advertising rates as commercial advertisers.
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3. The 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.
The City shall provide the Contractor, all advertising displays ready for
installation. Contractor shall install the displays at no cost to the 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
the City at all times.
2. Report and provide the City with copies of all tradelbarter contracts which the
Contractor may obtain or have during the life of this Agreement. Compensate
the City for such tradetbarter contracts in the same manner compensation for
cash contracts is made, by paying the City monies equal to the percentage that
the City would receive from such contracts if they were cash contracts.
3. Contractor's contracts with advertisers shall not contain any provision that
prohibits or in any way restricts the assignment of such contracts to the City at
the end of the term of this Agreement, or any earlier termination thereof.
4. Each month provide the City with a copy of all advertising contracts entered into
for advertising.
E. MAINTENANCE REQUIREMENTS
1. Properly maintain the shelters and the immediate area in good condition and
repair. At a minimum the Contractor shall provide cleaning and maintenance
services twice each month for each location. A proposed maintenance schedule
listing specific cleaning and maintenance tasks shall be submitted to the City for
approval upon execution of the Agreement. The 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 the City. It is the Contractor's responsibility to keep
shelters in safe and orderly condition at all times.
3. Maintain adequate trained personnel for maintenance work.
F. ACCOUNTING RECORDS
Contractor agrees to keep books and accounts in a method and form acceptable
to the City; said books and accounts to be open to inspection and audit during
working hours, by City or its designee.
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2. A CPA certified audit shall be performed, at Contractor's expense yearly, for the
duration of this Contract. Audit reports shall be submitted within 45 days
following the execution of the Agreement and receipt of a Notice to Proceed
with the work.
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3. Contractor shall furnish the City with a statement of gross receipts of its
operations each month.
4. Contractor shall submit annual, audited financial reports to include a balance
sheet, profit and loss statement and such other information as the City may
reasonably require.
SATISFACTORY PERFORMANCE PROVISIONS
Contractor shall furnish all necessary labor, tools, equipment and supplies to
perform the required service. The Director of Public Works or his/her designee
shall decide all questions and acceptability of any work performed under the
Contract. If, in the opinion of the Director of Public Works or his designee,
performance or Contract compliance becomes unsatisfactory, the 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, the 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 Contract for default. All corrective work performed by the
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 $65.00 per hour is an average service rate
subject to review annually.
3. Contractor will comply with the performance standards set forth in this
Agreement. The City and the Contractor will meet from time to time to evaluate
the Contractor's performance.
4. The Contractor shall recognize mandatory standards and policies relating to
energy efficiency which are contained in the State energy conservation plan.
5. The Contractor shall meet and comply with the Title VI Assurances set forth in
Attachment B of this Agreement.
6. The 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
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hereunder. The sum of such bond shall be an amount of one year's average
annual revenue share, payable to the 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 the City of Pueblo. Such
surety bond shall contain a stipulation that the surety agrees to give the City
thirty (3 0) calendar days' written notice prior to any modification or cancellation
of bond by the surety company.
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INSURANCE AND INDEMNIFICATION
1. Contractor agrees to carry all insurance which may be required by Federal and
State Laws, and City ordinances, regulations and codes. Contractor agrees to
indemnify and save harmless the 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, 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 the City shall, in all instances,
except for loss or damage to persons or property resulting from the sole
negligence of the 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 the City. It is agreed that Contractor will be responsible for
primary loss investigation, defense and judgment 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 Contr. (OCP)
Products/Completed Operation
Broad Form Property Damage
Personal Injury With Exclusion
Limits of Liability (Minimum)
Statutory
$500,000.00 (Each Accident)
$1,000,000.00 Combined
Single Limit
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"C" Deleted
Contractual Liability
Explosion, Collapse and
Underground Exclusions
Deleted (where applicable)
Vehicle (Automobile) Liability
Owned
I-Ered
Non -Owned
$1,000,000.00 Combined
Single Limit
3. The 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 the 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 Contract, Contractor shall provide a renewal certificate of
the requested insurance coverage to the City not less than thirty (30) calendar
days prior to the expiration date.
6. Contractor shall furnish the 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 Employers'
Liability Insurance in the State of Colorado.
7. The City, its officers, agents and employees, shall be named as additional
insurers on all applicable policies, and this shall also be indicated on Certificates
of Insurance issued to the City.
8. All Certificates issued in connection with this Agreement shall provide for a
thirty (30)- calendar day written Notice of Cancellation. A copy of the
cancellation will be sent to the City by certified mail.
SECTION H - TIME OF PERFORMANCE
The services to be performed under this Agreement shall be for a five (5) year period
commencing June 1, 2006, and continuing through May 31, 2011 (contract dates may change
depending on date of award by City Council). 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.
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SECTION III -PAYMENTS
Payments to the City shall be made as follows by Contractor:
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a. Contractor agrees to pay City a fee equal to 20 % of the gross revenue
received from all advertising sales which will be displayed on bus
passenger shelters.
b. All payments hereunder shall be made on a monthly basis throughout
each calendar year of contract and Agreement. The Contractor fiuther
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 the City pursuant to this
Agreement. All such records shall be available to the City at all
reasonable times for inspection, review or audit.
2. "Contract Year" includes the twelve months following executing of the Contract
and Notice to Proceed with the work.
3. Within fifteen (15) calendar days after the end of each quarter, Contractor shall
provide to the City a revenue statement for the previous calendar quarter and a
check for any excess between the cumulative sum of the monthly percentage
payments calculated for the previous calendar quarter, and the amount of the
annual guarantee paid for said calendar quarter.
SECTION IV - THE CITY'S RESPONSIBILITIES
The City shall provide the Contractor with all available information pertinent to the project
together with guidance and direction to achieve project objectives.
SECTION V -GENERAL CONDMONS
A. Claims Against the 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 the City. Contractor shall be solely responsible for the acts and omissions
of its officers, agents, servants and employees.
B. Additional Work Additional work, when authorized by executed Contract Change
Order, shall be compensated for by a fee mutually agreed upon between the City and the
Contractor.
C. Successors and Assigns This Agreement shall not be assignable except at the written
consent of the City; and it shall extend to and be binding upon the heirs, executors,
administrators, successors, and assigns of the parties hereto.
D. Disputes For purposes of this Agreement, the contract administrator is the Director of
Public Works. In any dispute concerning a question of interpretation of fact in
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connection with the work not disposed of by agreement between the Contractor and the
City, the final determination shall be made by the Director of Public Works.
E. Covenant Against Contingent Fees The 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 otherwise, in this Agreement.
For breach or violation of this warranty, the 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 aced 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 the 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, investigations, reports, and studies which are prepared in the performance; of
this Agreement are to be and remain the property of the City and are to be delivered to
the City.
H. Records and Accountine All records pertaining to this Agreement and records of
accounts between the City and the Contractor shall be kept on a generally recognized
accounting basis and shall be available to the 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
the City, or following the resulting pending matters, whichever is later.
SECTION VI -SPECIAL PROVISIONS
A. The Contractor agrees that in connection with performance of this Agreement, the
Contractor will cooperate with the City in meeting its commitments and goals with
regard to the maximum utilization of minority business enterprises and the 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. The Contractor shall comply with the provisions of this Agreement pertaining to
discrimination and accepting of applications or hiring employees. The COMPANY will
take affirmative action to ensure that applicants are employed and the employees are
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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. The Contractor agrees
to post in conspicuous places available to employees and applicants for employment,
notices setting for the provisions of this Equal Opportunity clause. The Contractor
further agrees to insert the foregoing provisions in all subcontracts hereunder, except
subcontracts for standard commercial supplies or raw materials.
C. The Contractor shall provide all information and reports required by the 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 the
City to be pertinent to ascertain compliance with Title VI Assurances, orders and
instructions.
D. This assurance is given by the Contractor and is binding on it, subcontractors,
transferees, successors in interest and other participants.
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 the 12
day of June 2006.
Contractor
Title:
City of Pue 1 , Colorado
By:
esident of City Council
Approved as to form:
By: Ay -, vW
City Attorney
Attest:
By: Z '.)-
City erk
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