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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: i . President the City Council City Clork � i 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 -3- 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 -4- 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 -5- 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 19 Name of Advertiser Address of Advertiser By Signature of authorized officer of Advertiser