HomeMy WebLinkAbout5054RESOLUTION NO. 5054
A RESOLUTION APPROVING A STANDARD FORM AGREEMENT
FOR ADVERTISING IN AND ON CITY BUSES
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1
The Advertising Agreement annexed hereto is hereby approved
for use by the Pueblo Transportation Company in all contracts
for advertising on city buses.
SECTION 2
This Resolution shall become effective immediately upon
passage and approval.
ATTEST:
INTRODUCED: October 25 , 1982
By DOUGLAS L. RING
Councilman
APPROVED:
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President the City Council
City Clork �
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ADVERTISING AGREEMENT
THIS AGREEMENT is made by and between the Pueblo Trans-
portation Co., Inc., hereinafter referred to as "Company ", and
hereinafter
referred to as "Advertiser ".
By entering into this agreement the Advertiser requests,
and the Company agrees to provide, display advertising space in
or on motor buses of the Company on the following terms and
conditions:
I. SPACE PROVIDED
Product or service to be advertised:
Number of decals: Size of decals:
Display for months beginning , 19
Rate: $
Payment dates:
II. TERMS OF PAYMENT
(a) The Advertiser shall pay for service covered by this
agreement at the office of Company, 350 S. Elizabeth, Pueblo,
Colorado, quarterly in advance.
(b) If by reason of prior termination of this Agreement
as provided herein, Advertiser does not use the full amount
of advertising contracted for, Advertiser shall pay to Company
such additional sum on all advertising so displayed as shall
be equal to the difference, if any, between the amount due at
the rate named in this agreement and the amount due at the rate
applicable to the term of service used, according to the schedule
of advertising rates of Company on which this agreement is based,
and upon such expiration or termination said additional sum shall
become immediately due and payable. Short rate bills must be
rendered within ten days after termination of agreement; other-
wise Company agrees to a pro rata settlement at the rate named
in the original agreement. Unless otherwise expressly provided
herein, this agreement may be canceled at the end of any month
of service by the Advertiser on ten days' advance written notice
of intention to do so, in which case Advertiser shall forfeit all
advance payments made to Company.
(c) Any bill rendered to Advertiser by Company shall be
conclusive as to the correctness of the items therein set forth
and shall constitute an account stated, unless written objection
is made thereto by Advertiser within ten days from the rendering
thereof.
(d) The Company reserves the right to cancel this agreement
at any time on default by Advertiser in the payment of bills,
or other breach, or in the event of any material violation on
the part of Advertiser of any of the conditions herein named;
and on such cancellation all charges for advertising done
hereunder, including short rates or other charges under this
agreement, and unpaid, shall become immediately due and payable.
In case of delinquency in payment, waiver by Company of any
specific breach or breaches of this agreement by Advertiser
shall not prejudice the rights of Company hereunder with respect
to any breach or breaches not specifically waived by Company.
OM
III. RATES
(a) Company shall furnish its rate schedules to Advertiser
if requested.
(b) Company represents that the rates stated herein are
the minimum rates at which any advertiser may contract for a
service which shall conform in all respects to the service
contracted for herein, at the time this agreement is entered
into.
(c) Contracts for exterior advertising shall be for a
minimum of twelve months. Contracts for interior advertising
shall be for a minimum of three months.
(d) Definition of service shall be that shown in Company's
rate schedule.
(e) All rates and adjustments shall be computed on the
basis of 30 days to the month.
IV. ADVERTISING MATERIAL
(a) The Advertiser shall furnish decals for advertising,
at the Company offices, at least ten days before the installation
date.
(b) The Advertiser may change exterior decals once each six
months and interior decals once each three months without addi-
tional charge. In case of failure to provide new approved copy
for changes of decals, if any, the old copy previously approved
shall be continued, and no claim for loss shall be allowed.
(c) The size, form wording, illustration, and style of all
advertisements to be placed in or on Company vehicles pursuant
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to this agreement shall at all times be subject to the approval
of the Company and the Company reserves the right to reject any
advertisement. Any advertisement determined by the Company to
be of an objectionable character which has been placed in or on
a Company vehicle shall be removed by the Advertiser at the
request of the Company.
(d) Company shall maintain all decals in good condition
during the period of display and replace any which may have been
defaced or soiled.
V. AFFIDAVIT OF SERVICE
Company shall furnish Advertiser with an affidavit of service
whenever requested.
VI. LOSS OF SERVICE
(a) Loss of service, due to failure of Advertiser to furnish
decals, as provided above, for installation on the commencement
date on the face of this agreement, shall be Advertiser's loss;
but, at the option of Company in case of reasonable delay in
commencing service, the service hereunder shall be deemed to
commence on the date of installation of the decals and shall
run and shall be paid for from that date and for the number of
months written on the face of this agreement.
(b) Loss of service due to the failure on the part of
Company to install decals on time, or in that part of the vehicles
contracted for, if any, or delay in commencing service, shall not
constitute a breach of this agreement, but Advertiser shall be
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entitled, on either such happening, to additional service or
extension of the term of the service equivalent to such failure
or delay, or by pro rata refund, as Advertiser may elect.
(c) Loss of service due to strike or other labor dispute,
vehicle malfunction or repair, fire, flood, riot, loss of right
to display in the equipment of transit companies, or other
causes beyond the control of Company, or omission of a reason-
able number of decals or delay in commencing service shall not
constitute a breach of this agreement, but in the event of such
loss of service Advertiser shall be entitled to additional service,
or an extension of the term of service or to a pro rata refund
equivalent to such loss, as Advertiser may elect.
(d) If for any cause beyond its control, Company shall
cease to have the right to continue the advertising in any of
the vehicles covered by this agreement, it shall have the right
to discontinue as to such vehicles the advertising service here-
under without prejudice to this agreement as to the remainder;
but in such cases Advertiser shall be entitled to a pro rata
refund for the service discontinued.
(e) This agreement shall be subject to all federal, state
and municipal laws and regulations with respect to the advertising
matter to be displayed. In the event such advertising becomes
illegal, or a request is received to terminate the advertising,
Company reserves the right to terminate same, but there shall be
no short rate charge because of such termination.
VII. TERMINATION FOR BREACH OF CONTRACT
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If either party hereto shall default in the performance of
any of the terms and conditions of this agreement, then the other
party may terminate this agreement by giving the defaulting party
ten days' advance notice in writing of its intention to do so.
On termination of this agreement as provided for herein, the
defaulting party shall immediately remove all advertising decals
placed in or on Company vehicles pursuant to this agreement from
such vehicles, and on the failure of the defaulting party promptly
to remove such decals, the party terminating this agreement may
remove them at the expense of the defaulting party.
VIII. ADVERTISER'S LIABILITY
Advertiser will indemnify Company against all liability
for infringement of trademarks, trade names, copyrights, invasion
of rights of privacy, defamation, illegal competition, or unfair
trade practices.
Dated
PUEBLO TRANSPORTATION CO.
350 S. Elizabeth
Pueblo, Colorado 81003
0
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Name of Advertiser
Address of Advertiser
By
Signature of authorized
officer of Advertiser