HomeMy WebLinkAbout7629RESOLUTION NO 7629
A RESOLUTION APPROVING THE PROPOSAL FOR TRANSIT
PASSENGER SHELTERS WITH ADVERTISING BETWEEN
LAMAR TRANSIT ADVERTISING AND THE CITY OF PUEBLO
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SECTION 1.
The proposal dated April 18, 1995 submitted by Lamar Transit Advertising of Baton
Rouge, Louisiana in response to RFP 95 -006, copies of which are in the office of the
Department of Transportation, concerning the providing of transit passenger shelters with
advertising is hereby approved subject to contract language approval by the City Attorney's
office.
INTRODUCED: May s .1995
By: Samuel Corsentino
APPROVED
President of City Council
ATTEST:
A�fing City Clerk
AGREEMENT BETWEEN THE CITY OF PUEBLO
AND
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 Corporation d/b /a Lamar Transit Advertising of Baton Rouge Louisiana
(hereinafter called "CONTRACTOR ").
WITNESSETH:
WHEREAS, the CITY by and through the Pueblo Transportation Company
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 - SERVICE OF THE CONTRACTOR
A. BASIC SERVICES
1. The CONTRACTOR, to the satisfaction of the Director of
Transportation, 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 Transportation before placement in the
public right -of -way.
2. The CONTRACTOR agrees to provide and install 65 new bus shelters
within the first year of the Contract and maintain at a minimum 65 bus
shelters during the term of this Contract.
B. SHELTER LOCATIONS
1. Provide the Director of Transportation with a current monthly location
list of all shelters with advertising. Shelters may only be moved with the
permission of the Director of Transportation 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
Transportation 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 Transportation or his /her
designee. The CONTRACTOR shall relocate or remove any shelter as
directed by the Director of Transportation 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 sales activities. The CITY reserves the right to
approve all advertising prior to its placement in the public right of way.
Advertisements deemed objectionable by the Director of Transportation 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 which 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.
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
1. 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 trade/barter 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 which 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 two (2) times 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.
G.
ACCOUNTING RECORDS
1. 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.
2. A CPA certified audit of the Lamar Corporation will be submitted for,
fiscal year 1995 and 1996 in a reasonable time after the end of that
year, at the CONTRACTOR'S expense.
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
1. CONTRACTOR shall furnish all necessary labor, tools, equipment and
supplies to perform the required service. The Director of
Transportation or his designee shall decide all questions and
acceptability of any work performed under the Contract. If, in the
opinion of the Director of Transportation 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 $29.00 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 1st 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 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 (30) calendar days' written notice prior
to any modification or cancellation of bond by the surety company.
H. 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 judgement
costs where this contract of indemnity applies.
00
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
"C" Deleted
Contractual Liability
Explosion, Collapse and
Underground Exclusions
Deleted (where applicable)
Limits of Liability (Minimum)
Statutory
$500,000.00 (Each Accident)
$1,000,000.00 Combined
Single Limit
Vehicle (Automobile) Liability
Owned
Hired
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 insureds 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 II - TIME OF PERFORMANCE
1. The services to be performed under this Agreement shall be for a five (5) year
period commencing June 1, 1995, and continuing through May 31, 2000. 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.
2. City shall have the option to extend this Agreement, upon the same conditions
and covenants, for one additional five -year period, with the option years
commencing on June 01, 2000 and ending on May 31, 2005.
SECTION III - PAYMENTS
Payments to the CITY shall be made as follows by CONTRACTOR:
1. ADVERTISING SHELTERS
a. CONTRACTOR agrees to pay CITY a fee equal to 15% 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
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 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. CONTRACTOR agrees to provide a "Rotary Billboard" free of charge to the
Pueblo Transportation Company during the duration of this Contract.
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 CONDITIONS
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 Transportation. In any dispute concerning a question of
interpretation of fact in 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 Transportation.
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 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 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,
advertising contracts, 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 Accounting
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.
I. Ownership - Bus Shelters
The bus shelters shall remain the sole property of the CONTRACTOR.
At the expiration of this Contract, the shelters may be sold to the 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 the CONTRACTOR within sixty (60) days of termination
of this Contract. At the end of this Contract, the 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. 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 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
CITY OF Pueblo, Colorado
B . aC ail/
Y
President of City Council
Approved as to form:
By:
City A ey
ATTEST:
City Clerk
CONTRACTOR
B ` `.`. " G'
Y
Title
qZ 0'� %62 6'k
Employer Identification Number
RFP TRANSIT SHELTERS WITH ADVERTISING
BID PROPOSALS
BID ITEI11S
I AMAR
LIBERTY
OUTDOOR
Revenue
15%
10 %n
10%
Advertising per
panel rate cost
1 year
$195
$163
$250
# of Shelters
65
50
25
Projected
Occupancy Rate
POR Year 1
70%
69%
100%
POR Year 2
70%
73%
100%
POR Year 3
70%
75%
100%
POR Year 4
70%
80%
100%
POR Year 5
70%
80%
100%
Maintenance
2/NVeek
2/VVeek
4/%Veek
1 Yr. Shelter
65/31,941
50/13,496
25/15,000 *20R127,000
2 Yr. Shelter
65/31,941
60/17,799
65/39,000 *20R151,000
3 Yr. Shelter
65/31,941
70/22,982
85 /51,000 *20R/63,000
4 Yr. Shelter
65/31,941
80/29,160
85/51,000 *20R/03,000
5 Yr. Shelter
65/31,941
90/33,660
85/51,000 *20R103, 000
Other
Free Rotary Bulletin (84,000)
None
None
* Retrofit Existing