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  2. Board Of Aldermen - Agenda - 1/26/2021 - P13

Board Of Aldermen - Agenda - 1/26/2021 - P13

By dnadmin on Mon, 11/07/2022 - 06:58
Document Date
Fri, 01/22/2021 - 13:10
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/26/2021 - 00:00
Page Number
13
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__012620…

SECOND AMENDMENT
TO TRANSIT ADVERTISEMENT PROGRAM MANAGEMENT
AGREEMENT

This SECOND AMENDMENT is made as of February , 2021 by and between the City
of Nashua, New Hampshire with an address of 229 Main Street, Nashua, New Hampshire
(“City”) and Fuel Media Holdings, located at 101 Marketside Ave., Suite 404-177, Ponte
Vedra, FL 32081 (“Contractor”).

WHEREAS, the City and Contractor entered into a Transit Advertisement Program Management
Agreement approved by the Board of Aldermen by R-19-192 on December 23, 2019, for the
placement and maintenance of advertising materials on the exterior and interior of Nashua
Transit Services vehicles, bike racks, bus shelters and at the Nashua Transit Center, and said
agreement was amended by the “Amendment to Memorandum of Understanding By and
Between City of Nashua, NH and Fuel Media Holdings” (as amended, the “Agreement’’);

WHEREAS, Section 5 C of the Agreement states that the “Contractor agrees to pay the City as
follows: A sum equal to (65%) of the next space billings with Minimum Guaranteed Pay ments,
whichever is higher, will be paid as shown below:

Year 1 — 2020 $90,000
Year 2 — 2021 $120,000
Year 3 — 2022 $120,000;”

WHEREAS, Section 7 P of the Agreement allows for amendment by written amendment
executed by City and Contractor; and

WHEREAS, COVID has negatively impacted the advertising market nationally, regionally and
in Nashua.

NOW, therefore, in consideration of the mutual covenants contained herein, the parties hereby
mutually agree as follows:

1. That Section 5 C of the Agreement shall be amended by deleting the struck through
language and inserting the underlined language as follows,

Contractor agrees to pay the City as follows: A sum equal to (65%) of the next space billings
with Minimum Guaranteed Payments, whichever is higher, will be paid as shown below:

Year 1 — 2020 $96,000
Year? 2021 $190.9006- no Minimum Guaranteed Payments for Year 2 - 2021
Year 3 — 2022 $120,000;”

2. All other terms of the Agreement remain in full force and effect.

Page Image
Board Of Aldermen - Agenda - 1/26/2021 - P13

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