HomeMy WebLinkAboutContract 1807 etiro—
Contract No.3176066 US Airport:737 PSP
(LAMAif?
(US Airport) 737 PSP
AIRPORT ADVERTISING Advertising Contract Contract No. 3176066
5551 Corporate Blvd.
Baton Rouge,LA 70808 Date 2019-05-08 ❑ New 0 Renewal:Previous Contract No: 3006706
Office:702-362-4777 Toll Free:855 410-0020 (See provision#7 on reverse side hereof)
AGENCY/CLIENT ADVERTISER CONTACT NAME&TITLE BILLING ADDRESS
City Of Cathedral City City Of Cathedral City Christopher Parman,Communications Event
Manager 68700 Avenida Lalo
BILLING CONTACT BILLING PHONE NUMBER BILLING EMAIL ADDRESS Guerrero
Cathedral City,CA 92234
Christopher Parman 760-770-0396 cparman@cathedralcity.gov
Advertiser/Agency Agrees to purchase the following:
Lamar Airport 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 contract.Advertiser or Advertising Agency agrees to be
responsible for own materials.All materials must be delivered to location(s)designated by Lamar at least seven(7)days prior to start date unless otherwise specified.Advertiser
or Advertising Agency acknowledges that all representations and all agreements not herein set forth in writing are 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.
to pay in advance by
The term of this contract is from 2019-06-30 to 2020-06-27 Advertiser or Advertising Agency agrees to pay per terms listed on invoice
DISPLAY TYPE DISPLAY LOCATION ID# Qty. TAYPE #PER BILLING RATE START END DATE TOTAL BILLING
per PERIOD DATE RATE
Backlit Diorama:10000 BC-LW-129 1 4 Week 13.00 $975.00 2019-06-30 2020-06-27 $12,675.00
SPACE TOTAL $12,675.00
ADDITIONAL SERVICES
SERVICE TYPE CHARGES TAXES TOTAL SERVICES
ADDITIONAL SERVICES TOTAL $0.00
CONTRACT GRAND TOTAL $12,675.00
SPECIAL INSTRUCTIONS
Current creative to remain in place at time of renewal.
This Advertising Display Contract is expressly subject to the additional terms and conditions set out on the reverse side hereof,and Advertiser/Advertising Agency
acknowledges full review and acceptance of all written terms and conditions set out on both sides of this contract.
Sandy Clark ACCEPTED BY:
Lamar Sales Representative City Of Cathedral City
ACCEPTED BY: Company
Chris Trares,Director of Sales Charles McClendon, City Manager
rint N e and Title of Media Officer/Designee) Name and Title)
May 9,2019 (�GffG�J ���G(�GG� GI May 9,2019
Signature Date Signature Date
1 of 2
Contract No.3176066 US Airport: 737 PSP
Additional Terms and Conditions of
Advertising Display Contract
1.The terms"Advertiser"and"Advertising Agency"shall 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 the Airport."Airport"shall mean and refer to the governing body having jurisdiction over the Airport in/on 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 loss of posting days due to failure 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 Short-Term 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 dates identified in the contract to allow timely scheduling and installation.Any loss of
posting days due to failure of the Advertiser or Advertising Agency to make timely prepayment will be the loss of Advertiser or Advertising Agency.
5.Custom displays and signage,as identified in Special Instructions,require Advertiser or 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 times.Should the fixture(s)require
maintenance or cleaning by Lamar,unless otherwise agreed to,Lamar will bill the client for time and materials required 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 term then in effect.If this contract is a 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 for 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 be
no short rate charge because of such termination.
11.Advertiser or Advertising Agency grants to Lamar for the term 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 or Advertising Agency agrees that Lamar can dispose of the
posting unless otherwise directed by client seven(7)days in advance of the expiry,with return shipping information and payment for shipping received by Lamar before
removal.
12.It is understood and agreed that this contract 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 terms as defined in Section 15.Lamar reserves the right to cancel this contract at any time upon default by the Advertiser or Advertising Agency in the
payment of bills 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,and
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 not constitute an extension of credit by Lamar to Advertiser or Advertising Agency.A late payment charge of 1.5%per month(18%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 taxes 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 Lamar's collection fees and reasonable attorney
fees,even though no suit or 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,heard or decided,and shall include an amount estimated by the court as the reasonable 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 shall,at Lamar's 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 covered by this contract,to relet the spaces or any of them for
the whole or any part of the unexpired term 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 of any 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 be subjected by reason of the advertising material
displayed under this contract,including,but not limited to,liability for infringement of trademarks,trade names,copyrights,invasion of rights of privacy,defamation,illegal
competition or trade practices,as well as all reasonable costs,including attorney's fees,in defending any such action or actions.
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 the
failure to perform or comply is due to any act of God,armed conflict,riots,civil commotion,sabotage,vandalism,strikes or lockouts or any other event or cause,whether
similar or dissimilar to the foregoing,beyond the control of Lamar.
18.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 shall constitute an account stated
unless written objection is made thereto by the Advertiser or Advertising Agency within thirty(30)days after billing or unless otherwise specified on page 1 of the Contract.
20.Advertiser and Advertising Agency,if any,are jointly and severally responsible for payment under this contract.This contract contains the entire agreement between
parties,and no representation or promise not 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 or permanent,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 Airport may not cancel this Contract for the
sole purpose of another advertiser's use of the space.
23.Any supplier,lessee,individual,firm,vendor,contractor,or subcontractor in performing under this contract shall not discriminate against any worker,employee,
applicant,or any member of the public because of race,color,religion,gender,national origin,age,or disability 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
apprenticeship.
24.In the event Lamar ceases to be a party to the contract between itself and the Airport,other than by transfer of interest approved in writing by the Airport,Advertiser and
Advertising Agency will recognize the Airport or its designee as the successor to Lamar and be bound by the terms and conditions of this Contract.
25.Facsimile shall be deemed an original signature and fully binding upon the Parties.
Cha.iGer /i'1GCGglidafrr
Customer Signature Contract Number 3176066
OSSI ID 5761
2 of 2