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Home My WebLink About13768RESOLUTION NO. 13768 A RESOLUTION APPROVING ADDENDUM NO. 1 TO THE AGREEMENT FOR ADVERTISING SERVICES ON SHELTERS AND BENCHES BETWEEN THE CITY OF PUEBLO AND STREET MEDIA GROUP, LLC BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Addendum No. 1 to the Agreement between the City of Pueblo and Street Media Group, LLC, relating to advertising services on transit shelters and benches, a true copy of which is attached hereto, having been approved as to form by the City Attorney is hereby approved. SECTION 2. The President of City Council is hereby authorized and directed to execute the Addendum No. 1 on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached Addendum No. 1 to effectuate the policies and procedures described therein. SECTION 4. This Resolution shall become effective immediately upon final passage. INTRODUCED September 11, 2017 BY: Ed Brown City Clerk’s Office Item # M-1 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: September 11, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Brenda Broyles, Director, Pueblo Transit Department SUBJECT: A RESOLUTION APPROVING ADDENDUM NO. 1 TO THE AGREEMENT FOR ADVERTISING SERVICES ON SHELTERS AND BENCHES BETWEEN THE CITY OF PUEBLO AND STREET MEDIA GROUP, LLC SUMMARY: Attached is a copy of the Grant Agreement between the City of Pueblo and Street Media Group,LLC. PREVIOUS COUNCIL ACTION: The City Council of Pueblo has previously approved the Agreement, for the purpose of advertising on transit shelters and benches. BACKGROUND: The City of Pueblo entered into an advertising Agreement with Tap Media, LLC on April 1, 2012, with respect to transit passenger shelters and benches installation throughout the City. The agreement was subsequentlyassigned to Street Media Group, LLC that desires to amend the Agreement with respect to the total number of benches and shelters to be installed. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Approval of Resolution. STAKEHOLDER PROCESS: N/A. ALTERNATIVES: Failure to accept this Agreement amendment will interfere with transit passengers to be able to have an area to sit while waiting for a bus and will also reduce the revenue gathered from such Agreement. RECOMMENDATION: Approval of the Resolution. Attachments: 1. Addendum No. 1 ADDENDUM NO. l THIS ADDENDUM NO. 1 entered into as of September 1.1 __, 2017 by and between Pueblo, a municipal corporation ("City"), and Street Media Group, LLC ("Contractor"), WITNESSETH: WHEREAS, City and TAP Media, LLC, entered into an Agreement dated April 1, 2012 with respect to transit passenger shelters and benches ("Agreement") which was subsequently assigned to Contractor; WHEREAS,Contractor is desirous of amending the Agreement with respect to the number of benches and shelters to be installed thereunder and City is agreeable to such amendment subject to the terms,conditions and amendments herein contained; NOW THEREFOR, in consideration of the foregoing and mutual covenants herein contained, City and Contractor agree as follows: 1. Paragraph 3 of Section I.B. of the Agreement is amended to read as follows: mt.reJ i Zo ie jy ?Ref n 3. On or before er.J. Contractor shall purchase and place,at its sole expense,at least ten (10) additional shelters at locations designated or agreed upon by the City, Contractor shall, at its sole expense, make sure each and every shelter is ADA compliant. 2. The obligation of Contractor to replace the 23 shelters purchased from the City with new shelters Is waived and released, Paragraph 4 of Section 1. B. of the Agreement is amended to read as follows: 4. Reserved, 3. Paragraph 5 of Section 1. B. of the Agreement is amended to read as follows: 5. Contractor shall purchase and place, at its sole expense, such additional shelters at locations designated or agreed upon by the City,each subsequent year of this Agreement so that upon expiration of the ten year term, there shall be no less than 42 shelters at designated and agreed upon locations within the City. 4. Paragraph 6 of Section I. B. of the Agreement is amended to read as follows: -6. ma rck. 11 20 to 6. On or before 17, Contractor shall purchase and place, at its sole expense, 32 new benches, in addition to the 168 benches previously installed under this Agreement, at locations designated or agreed upon by the City so that there shall be no less than 200 benches at designated and agreed upon locations within the City. Contractor shall,at its sole expense, make sure each and every bench is ADA compliant, Benches shall not be placed on uneven or unsafe areas of dirt, grass or rocks. 5. Section V. F.of the Agreement is amended to read as follows: 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 shall give written notice to the defaulting party vis U.S. Mail. If the default is not cured or corrected within fifteen(15)calendar days after the date of the 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. Upon termination of this Agreement, including upon expiration of the time of performance or renewal thereunder, all shelters and benches under the Agreement, including the 42 shelters and 200 benches identified in in Section L[3, of the Agreement,shall become the sole property of the City,and Contractor shall perform any and all acts necessary to transfer possession of said shelters and benches to City. The foregoing obligation and the provisions of the Agreement, pertaining to insurance, indemnification and liability shall survive the termination of the Agreement, including the expiration of time of performance or renewal thereunder, and continue in effect for a period of five years following such termination and for such further time as it may take to completely and finally negotiate,settle or litigate any claims or suits concerning same, 6. Each person signing this Addendum No. 1 on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute, and deliver this Addendum No. 1 on behalf of such party and that this Addendum No. 1 is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. 7. The Agreement as amended by this Addendum No. 1 shall remain in full force and effect and be binding upon and inure to the benefit of the parties hereto and their respective successors and approved assigns. Executed in Pueblo, Colorado as of the date first above written. Contractor By: A Title: r._. ! 1111/r : - ...— City of pueblo Attest: By: By;