R2013-106 ACCEPTING PROPOSAL OF HOUCK TRANSIT ADVERTISING

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B. The City shall assume the expense of removing, storing, and replacing all advertising for the purpose of repairing, maintaining or cleaning the buses and the adve$tising frames. The City shall use reasonable care to protect the advertising and shall exercise due diligence in preventing others from disturbing the same. The City bears no responsibility for advertising which is damaged or destroyed in the normal, daily process of cleaning t1he buses. C. The City shall, at no charge to the Contractor, so far as practical and ponvenient to the City, make available to the Contractor storage and work area for use in connection with its operation under this Agreement. The Contractor shall keep the work areja clean and neat. 7. RIGHTS OF THE CITY AND THE CONTRACTOR A. This Agreement applies to the 22 buses now owned and operated by ithe City, not including 3 buses in the City's contingency fleet. The City reserves the tight to add to, or to eliminate buses from its active fleet without permission from the Contractor. In the event of such addition or elimination of buses, the City shall notify the Contractot at least 30 days in advance in order for the Contractor to accommodate any client notifications and/or billing modifications, and the guaranteed payment and the percentage payment rate specified in this Agreement shall be appropriately adjusted,by mutual consent of the paries. B. The City hereby grants the Contractor the right to set rates to be chary ed for advertising on the City's buses,to control the terms and conditions for advertising contracts, and to control the manner of payment by clients. The Contractor shall furnish die City with the advertising rate schedule in effect at any time, upon request. C. The City hereby grants the right to duly authorized and properly identified representatives of the Contractor to enter upon City property, during normal and usual business hours or at other times agreed to by the City, for the purpose of operating under thisl Agreement. D. The Contractor agrees to permit any accredited representative of the City, at an time during normal and usual business hours, and from time to time, to inspect and examine the books and records of the Contractor. E. The Contractor shall not trade advertising for merchandise or other concessions during the term of this Agreement without the written consent of the City. F. While the Contractor proposes to exercise every reasonable business to install advertising sold at the maximum rate in every frame, it is recognized by�tffort he parties hereto that the Contractor may not at all times during the period of this Agreement be able to reach the maximum. (1.) The City hereby grants the Contractor the right to install public, educational, charitable and similar advertising as the Contractor shall deem prioper at a reduced rate or at no charge, and the right to use any vacant sign frame to advertise for clients at a reduced rate or at no charge. - 4 -