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HomeMy WebLinkAboutResolution - 2001-R0383 - Holiday Lighting/Banner Agreement With Broadway Festivals, Inc. - 09/27/2001Resolution No. 2001-RO383 September 27, 2001 Item No. 27 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Holiday Lighting/Banner Agreement between the City and Broadway Festivals, Inc., a copy of which Agreement is attached hereto, and any associated documents, which Agreement shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 27th day of September '2001. WINDY SITTON, MAYOR ATTEST: Rebecca Garza, City Secreta APPROVED AS TO CONTENT: Tommy Go alez, ssiA t City Manager APPROVED AS TO FORM: G. Vandiver, First Assistant City Attorney MresBFI-Banner.res September 18, 2001 Resolution No. 2001-RO383 September 27, 2001 Item No. 27 HOLIDAY/SEASONAL BANNER AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, Broadway Festivals, Inc., ("BFI") and Texas Tech University ("Tech") have each developed and administered a holiday and seasonal banner programs in past years which included the major thoroughfares around Tech and Broadway; and WHEREAS, the City of Lubbock, Texas, ("City") desires to participate in the holiday and seasonal banner program by providing additional funding to BFI to obtain extension of the holiday and seasonal banner program to include additional seasonal banners for the Tech area and Broadway, and to create a banner program for the area around the Civic Center; and WHEREAS, the City Council of the City has determined that the City has received a public benefit from the prior holiday and seasonal banner program administered by BFI and that this program will serve effectively as part of the "image enhancement" program that began with the Broadway Streetscape program; NOW THEREFORE: WITNESSETH: The City hereby agrees to pay BFI the sum of forty-one thousand eight hundred dollars ($41,800) to further enhance BFI's holiday and seasonal banner program and hereby authorizes and directs BFI to provide appropriate banners and other decorations for use on City of Lubbock light poles at appropriate locations in public right-of-way. BFI shall invoice the City for payments as the banners are acquired and payment shall be made by the City to BFI not later than thirty (30) days after the receipt of each invoice. BFI hereby agrees to provide the following services: 1) BFI will further enhance the banner program on Broadway by developing a Spring/Winter banner program. Said banners for the expanded programs will be obtained as soon as possible by BFI, but not later than June 30, 2002. 2) BFI will develop a banner program for the Civic Center area which will reflect the cultural, educational and entertainment activities that take place in the Civic Center area. Said banners shall be obtained as soon as possible after a final design is approved. 3) BFI will extend the banner program along Broadway from I-27 to MLK as the City installs replacement light poles with brackets on them suitable for such lighting and banners. Said banners shall be obtained in time to be installed on the new poles as soon as possible after erection of such poles. 4) BFI may use not more than $11,800 of the funds to pay off existing debts from prior year programs. 5) BFI shall inform the City of any change in the design of the banners prior to purchasing such banners. BFI shall obtain manufacturer warranties for the banners for at least three (3) years. BFI shall be responsible for replacing any missing, damaged or destroyed banners during the term of this agreement. A total of not less than 146 banners shall be provided by BFI for these banner programs. 6) BFI hereby agrees to hold the City of Lubbock harmless from any claims of any nature whatsoever arising from BFI's activities in connection with this Agreement. 7) The following is a timeline for placement of all banners included in the existing and expanded banner program. January 1 to June 1, Arts Banners April 1 to May 1, Arbor Day Banners (University Avenue only) May 1 to June 1, Graduation Banners (University Avenue only) June Ito August 1, Fourth on Broadway Banners (Broadway and University Avenue) August 1 to after Thanksgiving (Tech Back to School Banners) After Thanksgiving to January 1, Christmas Decorations and Banners After Thanksgiving to January 1, Carol of Lights Banners (University Avenue only) BFI and its employees shall not be deemed to be employees of the City, but rather an independent contractor. The City shall not direct BFI in detail with regard to the performance of its duties hereunder. All banners and other decorations shall be installed and removed by City employees only. The term of this Agreement shall be from the date of execution through January 1, 2005. It may be extended thereafter by mutual agreement of the parties expressed in writing. Executed this 27th day of September , 2001. CITY OF LUBBOCK: WINDY SITT MAYOR ATTEST: OQJ ID �A- ,0 G Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Tommy GoAzalez, A sistan ity Manager BR O AY FESTIVALS, INC.: Phyllis Jo s, President APPROVED AS TO FORM: ISoj&d G. an fiver, First Assistant City Attorney Dd/conB WF-Banners.con September 20, 2001