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Home My WebLink AboutResolution - 688 - Addendum To Agreement - Hart & Johnson Advertising Co - Extended Term - 01/08/1981AA•bs RESOLUTION #688 - 1/8/81 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Addendum to an Agreement for Professional Services with Hart and Johnson Advertising Company, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of January ,1981. ATTEST: Evelyn Gaffga, 'City S'ec t'i y -Treasurer APPROVED AS TO CONTENT: MaNin Coffee, DiWor of Aviation APPROVED AS TO FORM: Angela Adms, Assistant City Attorney ELL McALISTER, MAYOR RESOLUTION 4688 - 1/8/81 v` ADDENDUM NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES DISPLAY ADVERTISING WHEREAS, the City of Lubbock, herein called the City, and Hart and John- son Advertising Company of Texas, herein called the Agent, entered into an Agreement for Professional Services on January 1, 1977; and WHEREAS, the original term of that Agreement began on October 1, 1977 and extended for a period of five years ending on October 1, 1982; and WHEREAS, the City and the Agent are desirous to extend the term of the above -referenced agreement; Both parties agree that the term of the Agreement for Professional Ser- vices - Display Advertising - of January 1, 1977, is hereby extended for an additional five year period to begin on October 1, 1982 and end on October 1, 1987. Executed this 8th day of January 1981. HART AND JOHNSON ADVERTISING COMPANY OF TEXAS BY: Title: CITY OF LUBBOCK, TEXAS BY: 4,�LL4MCALISTER, MAYOR ATTEST: Pvel.yn . Ga0f ga 'City ,4rea��`y-Treasurer APPROVED AS TO CONTENT. Marvin Coffee, DirAVor of Aviation APPROVED AS TO FORM: Angela ms, Ass stant City Attorney t AGREEMENT FOR PROFESSIONAL SERVICES DISPLAY ADVERTISING This Professional Services Agreement, made in the City of Lubbock in the State of Texas on the first day of January, 1977, between the City of Lubbock, a municipal corporation in the State of Texas (herein called the City), and the Hart and Johnson Adver- tising Company of Texas, a corporation duly created, organized and existing under and by the virtues of the laws of the State of Texas, and authorized to do business in Texas (state), (herein called the Agent) . WITNESSETH: WHEREAS, the City is now the owner of certain land at Lubbock, Texas, Known as Lubbock Regional Airport and is the owner of certain buildings and improvements thereon, and WHEREAS, the Agent is desirous of selling the advertising space and facilities at said Airport; NOW THEREFORE, in consideration of the mutual convenents, pro- mises and agreeements herein contained the said parties hereby cor- enant, promise and agree with each other as follows: FIRST: The City does hereby grant to the Agent for a period of five years beginning the first day of October, 1977, the right to sell ail advertising facilities in the Terminal Building at Lub- bock, Texas subject to approval of the Airport Director of the City of Lubbock. (See Article 9). All operations shall be in strict conformity at all times with all pertinent Federal, State and local laws, and regulations. The Agent shall have the exclusive right to conduct the sale of advertising space and facilities as set forthhunder this Professional Services Agreement in the Terminal Building. The Agent shall develop and sell the advertising space and fac- ility in ac- ility`in accordance with accepted advertising principles. However, local industries, and industries having their headquarters in the Terminal zone of service, shall be given first consideration in the sale of these advertising facilities.. - 1 - All contracts for the use of the advertising facilities shall be between the Agent and advertiser or its representatives. Such contracts shall be of the type as generally used by Advertising Agencies. All contracts between the Agent and the Advertiser shall be approved by the City. The City retains the right to require the Agent to make any such adjustments deemed necessary to improve the appearance or quality of service rendered in connection with the sale of the advertising space and facilities. SECOND: Spacedalloted to the Agent under the provisions of this Professional €cervices"Agreement for the sale of Advertising Space and facilities is to be determined at a meeting between the City and Agent and made a part of this Agreement. The Agent may ask for additional display locations as he deems them necessary to his operation. Any additional locations given to the Agent must be approved by the Airport Director. THIRD: The Agent shall during the term hereof pay to the City, as a fee, 50% of gross sales as billed by invoice derived from the sale of advertising spaces and facilities, or $9,000.00/year which- ever is the greater amount. Should this contract be cancelled or terminated or n6t-renewe8',k the Agent shall receive fifty (50%) per cent of all gross receipts received from advertisers on all contracts negotiated and consumated for the balance of the term.of each contract. The Agent under this contract shall be required to maintain the displays for the balance of the term of each contract. Should this contract be terminated or cancelled, all contracts made and entered into between the Agent and the Advertiser for the renting of advertising facilities in the. Terminal Building, shall be automatically assigned for the balance of the time of such contract to the City or its assigns. Upon such termination, cancellation or failure to renew this contract, the Agent shall immediately deliver all such contracts made and entered into by such Agent which are in full force and effect as of such date to the Airport Director of the City of Lubbock at Lubbock, Texas. - 2 ..,- All payments as specified above shall be delivered to the Office of the Airport Director on or before the tenth day of the month suc- ceeding that in which the sales being accounted for were made. FOURTH: The Agent agrees to furnish to City a good and suffi- cient Contract Performance Bond with surety satisfactory to the Dir- ector of Finance of the City of Lubbock in the Principal sums of Two Thousand Five Hundred Dollars conditioned on the full and faithful performance of all the covenants of this Agreement to be by it per- formed and for a full, true and just accounting to the City for and payment of all money found to be due to City under the terms and provisions of this Professional Services Agreement. FIFTH:: The operation of these facilities, or any part thereof, cannot be assigned, transferred or subleased by the Agent, without written consent of the City. SIXTH: The Agent shall at its own expense, and at all times dura ing the term of this Agreement, provide, obtain and secure for its protection and so to keep, save and hold City harmless, against loss resulting from death or bodily injury through accident or accidental means, resulting from the sale of all advertising space upon said pre- mises, or the use of said premises, and for this purpose said Agent shall carry Comprehensive General Public Liability in the amount of $100,000.00 for one person and $300,000.00 for any one accident invol- ving injury to more than one person, with Property Damage Insurance of not less than $25,000.00 for any one accident. The Comprehensive Gen- eral Public Liability and Property Damage Insurance shall name the City as one of the Parties insured; and the insurance policy shall be issued by a company approved by the City Attorney. Certificates of such insurance shall be delivered to the Airport Director. SEVENTH: In the operation of the facility, the City shall provide: All utilities to point of outlet in -advertising space. Heat and air conditioning. Replacement of light bulbs and tubes. All exterior cleaning of cases. - 3 - EIGHTH: In operation of the facility, the Agent shall provide: All cases for display purposes. All interior cleaning of display cases. All interior display case maintenance and repair, in a manner approved by the City. NINTH: The City retains the right to cancel this Agreement upon ninety (90) days written notice to the Agent, if the Agent fails to properly keep any of the provisions of this Agreement. TENTH: The Agent shall have the right to cancel this Agreement upon ninety (90) days written notice to the City without penalty, if for any reason public use of the Airport should be denied for a period of greater than ninety (90) days, or if the City should fail to pro- perly keep any of the provisions of this Lease, or if the City should shift its major airport operations toanother site. ELEVENTH: The Agent will make available to the Director of Finance of the City at any time from Monday through Friday inclusive, between the hours of 9:00 A.M. and 5:00 P.M., all records, books, and other pertinent information as may be required for audit purposes to verify the invoiced gross sales reports as are submitted to the Air- port Director, and will promptly furnish the City a semiannual cert- ified public accountant audit of all invoiced gross sales. TWELFTH: The Agent shall have the right to ask for and receive a hearing before the Airport Board regarding any decision or direction of the Airport Director, in the event the Agent feels his interests are bdLug unduly compromised. The decision of the Airport Board will be final and binding. All requests for review must be made in writing, and set forth clearly the cause for such request to review. No review will be allowed by the Airport Board which has not first been considered by the Airport Director. IN WITNESS WHERDOF the parties have executed this Agreement as of the day and year above first written. LUBQ30CW£'RLIQ. 10NAL;._-r. AIRPORT BOARD BY: Director of Aviation APPROVED: BY: City Attorney - 4 - LESSEE: HART & JOHNSON ADVER_ TISIN COMPANY BY: •