HomeMy WebLinkAboutContract 1788Contract No. 3006706
C
LA
AIRPORT ADVERTISING
8945 W Russell Rd, Suite 150
Las Vegas, NV 89148
Office: 702-362-47771 Tull Free:855-410-0020
Advertising Contract
Date 2018-06-26 ❑ New ® Renewal: Previous Contract No:
LOCAL (See provision 87 on reverse side hereof)
ANNUAL
US Airport: 737 PSP
(US Airport) 737 PSP
Contract No. 3006706
2838196
AGENCY / CLIENT
ADVERTISER
CONTACT NAME & TITLE
BILLING
City Of Cathedral CityCity
Of Cathedral City
ADDRESS
Christopher Parma; Communications Event
Manager
68700 Avenida Lalo
Guerrero
Cathedral City, CA 92234
._ BILLING CONTACT
BILLING PHONE NUMBER
BILLING EMAIL ADDRESS
Christopher Penn no
Adverii /A
760-770-0396
SHawley®CathedralCity,gov
ser genes Agtcss to purchase the foliowmg:
Lunar Auport Advertising Company DBA The Lamar Companies (Lamar) agrees to provide space for the below described advertising display(s) (hereinafter called the
Display), in conformity with the specifications and conditions set forth herein For this, Advertiser or Advertising Agency agrees to pay the billing rate indicated for the periods
specified below. In addition, Advertiser or Advertising Agency agrees to pay all sales and use taxes applicable to this 00nlracL Advertiser or Advertising Agency agrees to be
responsible for own materials. All materials must be delivered to location(:) designated by Lamar at least seven (7) days prior to :tett date unless otherwise specified. Advertiser
or Advertising Agency acknowledges that all representations and all agreements not herein set forth in writing aro deemed waived. This contract shall not be binding until
executed by an Officer or designee of Lamar. This Advertising Contract is subordinate to the contract between the relevant airport and Lamar.
The term of this contract is from 2018-07.01 to 2019.06-29 Advertiser or Advtalising Agency agrees
DISPLAY TYPE
DISPLAY LOCATION ID i
Backlit Diorama :10000 1 BC -LW -129
0 to pay in advance by
® to pay per neons listed on invoice
Qty. TYPE
111 PER
1 1 4 Week 1 13.00
BILLING RATE
per PERIOD
$925.00
START
DATE
2018-07-01
END DATE
2019-06-29
ADDITIONAL SERVICES
SERVICE TYPE
SPACE TOTAL
TOTAL DILLING
RATE
$12,025.00
$12,025.00
j CHARGES 1 TAXES TOTAL SERVICES
ADDITIONAL SERVICES TOTAL 50.00
CONTRACT GRAND TOTAL
$12,025.00
SPECIAL INSTRUCTIONS
This Advertising Display Contract is eaprc sty subject to tho additional terms and conditions set out on the rcw crsc side hereof, and Adverti er,Advertising Agency
acknowledges fult review and acceptance of all written terms :rid condition tet out on both sides of this contract.
Sande Clark
Lamar Sales Representative
ACCEPTED BY:
Leslie Abrahamson, General Manager
(Print Name an tie of Media Officer/Desigpea)
Sign
t0
ACCEPTED BY:
City Of Cathedral City
Company
Charles McClendon, City Manager
Authorized Rep scuta a (Print Name and Title)
it strAt-f {L(L
„
Signature Date
1 of 2
Contract No. 3006706
US Airport: 737 PSP
Additional Terms and Conditions of
Advertising Display Contract
). The terms "Advertise(' and "Advertising Agency" shalt mean and refer to the firms or individuals so designated on the face page of this contract, and "Advertiser" shall
include the contracting Advertising Agency, if any. "Lamar" shall mean and refer to Lamar Airport Advertising Company, its successors and assigns and any affiliated
company having a contract with thc Airport. "Airport" shall mean and refer to the governing body having jurisdiction over the Airport inion which the advertising materials
are to be placed or installed
2. Advertising materials are due to the shipping address noted seven (7) business days prior to scheduled start date unless otherwise noted and agreed to in Additional
Services. Any toss of posting days due to railuee of Advertiser or Advertising Agency to make timely delivery shall be the loss of Advertiser or Advertising Agency.
3. Special Events and Convention business will be considered a Shott-'fern contract and must be prepaid. Short -Term contracts are not subject to Section 7.
4. Rates shown are for space only and do not include charges for production, or installation/removal where an outside contractor is required. Charges for production,
installation/removal must be prepaid with payment received by Lamar no later than the datcs identified in the contract to allow timely scheduling and installation. Any loss of
posting days due to failure of the Advertiser or Advenising Agency to malty timely prepayment will be the loss of Advertiser or Advertising Agency.
5. Custom displays and signage, as identified in Special Insuuetions, require Advcrtiseror.Advertising Agency to obtain and maintain liability insurance.
6. Custom displays and signage, as identified in Special instructions, must be. in good working order and maintained for cleanliness at all time. Should due fixture(s) require
maintenance or cleaning by Lamar, unless otherwise agreed lo, Lamar will bin theclient for time and materials requited to service the fixture(s).
7. This contract will be deemed renewed on a month-to-month basis following expiration unless Advertiser or Advertising Agency, or Lamar, notify the other in writing at
least sixty (60) days prior to the expiration of the tens then in cifece If this contract iso renewal contract, Advertiser or Advertising Agency agree to pay the billing rate set
out in the previous contract for billing periods extending beyond the expiration of -the previous contract term until the start date set out in this contract.
8. All text and illustrations far advertising, displays, marketing and branding messages must be submitted for content and/or design approval prior to production. The Airport
retains the right to deny content and/or design and such decision shall be finaL In the event the Airport or its representative shall disapprove of any content or display post
installation, Lamar shall have the right to remove the Display forthwith and the Advertiser or Advertising Agency shall receive a pro rata credit from the date of removal.
9, Production of new creative must be provided annually to ensure the visual aesthetics of the Airport's advertising program
10. Lamar accepts this contract subject to all federal, state and municipal laws and regulations with respect to the advertising matter to be displayed (Laws"). In the event that
such advertising Display becomes illegal or a request is received to terminate the Display for violation of Laws, Lamar reserves the right to terminate same, but there shall he
no shop rate charge because of such termination.
11. Advertiser or Advertising Agency grants to Lamar for inc tern of this contract, and any renewal thereof by Advertiser or Advertising Agency. an irrevocable license to use
the Display, such license to commence on completion of installation. Upon expiry of the license. Advertiser ar Advertising Agency agrees that Lamar can dispose of the
pasting unless otherwise dirtxtcd by client seven (7) days in advance of the expiry. with return stripping information and payment for shipping received by lamer before
removal.
12. ft is understood and agreed that this contrast may not be canceled by Advertiser or Advertising Agency without prior written consent of an Officer of Lamar and could be
subject to full payment terns as defined in Section 15. Lamar reserves the right to cancel this contract at any time upon default by thc Advertiser or Advertising Agency in the
payment of hilts or other breach, or in the event of any material violation on the part of the Advertiser or Advertising Agency of any of the conditions herein contained, end
upon such cancellation, all unpaid charges for advertising done hereunder, including short term rates or other charges under this contract shall become immediately due and
payable. In case of delinquency in payment, waiver by Lamar of any specific breach of this contract by the Advertiser or Advertising Agency shall not prejudice lamar's
rights hereunder with respect to any breach or breaches not specifically waived by Lamar.
13. Execution of this contract does nor constitute an extension of credit by Lamar to Advertiser or Advertising Agency. A tate payment charge of 1.5% per month (I S% per
annum), or the maximum amount allowed by law. whichever is less, shall be charged to and paid by Advertiser or Advertising Agency on any amount remaining unpaid after
30 days from a given invoice date. Advertiser or Advertising Agency agrees to pay all taxa applicable to this contract. In addition, Advertiser acknowledges and agrees that
no payment made to the Advertising Agency shall constitute satisfaction of a payment obligation under this contract unless and until Lamar actually receives said payment.
14. If this contract is placed with a collection agency or an attorney for collection. Advertiser or Advertising Agency shall pay lanai's collection Res and reasonable attorney
fees, even though no suitor action is filed if a suit or action is filed, the amount of such reasonable attorney fees shall be fixed by the court or courts in which the suit or
action, including any appeal therein,. is tried, hcard or decided, and shall include an amount estimated by the court as the reasoruble costs and fees to be incurred in collecting
any monetary judgment or enforcing any other order entered in the suit or action.
15. Failure to make any payment as herein provided shalt, at turners option, be deemed a complete and fundamental breach by Advertiser or Advertising Agency of this
contract, and upon any such failure the full amount of the remaining installments shall immediately become due and payable, and in the event of failure to make payment
thereof on demand, Lamar is authorized, but not obligated, to remove the Display from any or all of the spaces coveted by this contract, to resat the spaces or any of them for
the whole or any part of the unexpired terra of this contract to such person or persons and upon such terms and conditions as Lamar may determine, to collect and receive the
income or rent therefrom, to apply the income or rent so received from such reletting, first to Lamar for costs of replacing the Display (including, but not limited to, costs
incurred for production and installation of the replacement display), and to apply the balance thereof to satisfaction +stony amounts which may then be due to Lamar from
Advertiser or Advertising Agency under this contract.
16. Advertiser or Advertising Agency shall indemnify and save harmless Lamar against any liability to which Lamar may lee subjected by reason of the advertising material
displayed under this contract, including, bol not limbed no liability for infringement ofuademarks, trade names, copyrights, invasion of rights of privacy. defamation, illegal
competition or trade practices, as well as all reuso31a6k costs, including attorney's fora, in defending any such action or aetion8.
17. Lamar will not be deemed to be in default with respect to its performance of or compliance with any of the terms or conditions of this advertising display contract if Ona
failure to perform or comply is due to any act of God, armed conflict, riots, civil commotion, sabotage, vandalism, strikes or lockouts or may other event or cause, whether
similar or dissimilar to the foregoing, beyond the control of LaMar.
IS. This contract is not assignable by the Advertiser or Advertising Agency.
19. Any bill rendered to the Advertiser or Advertising Agency shall be conclusive as to the correctness of the items therein set forth and shag constitute an account stated
unless written objection is made thereto by the Advertiser or Advertising Agency within thirty (30) days after billing °runless otherwise specified on page I of the Contract.
20. Advertiser and Advertising Agency, if any, are jointly and severally responsible for payment under this contract This contact contains the caluc agreement between
panics, and no repres talion or promise nut set forth herein shall affect the obligations of the parties hereunder.
21. The Advertising Agency, if any, represents and warrants that it is authorized to execute this contract on behalf of the Advertiser and to legally bind the Advertiser to the
payment and performance of the obligations provided in this contract
22. Should the Airport deem that the advertising or display space(s) is needed for other purposes by the Airport, or substantially alter the area due to remodeling or
construction, whether temporary orpertnanent, the advertising or display space(s) can be relocated to a mutually agreed upon location within the vicinity of said construction.
The display will be moved into the original location at the conclusion of construction should the exact location be available. The Airpon may not canal this Contract for the
sok purpose of another advertiser's use of the space.
23. Any supplier, lessee, individual. firm, vendor, contractor, or subcontractor is performing under this contract shall not discriminate against any worker, employee,
applicant, or any member of the public because of nee, color, religion, gender, rational origin, age, ardisability nor otherwise commit an unfair employment practice. Such
actions shall include, but not be limited to, the following: layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apptcnticesttip..
24. In the event Lamar ceases to he a party to the cotnmct between itself sad the Airport, other than bytransfer of interest approved In writing by the. Alrpan, Advertiser and
Advertising Agency will recognize the Airport or its designee as Ole successor or Lamar and be bound by the tams and coalitions of this Contract
25. Facsimile shall he deemed an original signyGre and fully binding upon the Parties.
Customer Si natur
Contract Number 3006706
OSS1ID 4311
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