Loading...
HomeMy WebLinkAbout171337 LAMAR COMPANIES LLC - CONTRACT - PURCHASE ORDER - 9131384THE - COMPANIES. Northern Colorado CONTRACT Date: 1/31/2013 2649 East Mulberry Street Unit New/Renewal: RENEWAL A20 Fort Collins CO 80524 PHONE: (970)493-4411 Contract No. 1891235 FAX: (970)493-4595 Customer Name: FORT COLLINS UTILITIES Advertiser: FORT COLLINS UTILITIES Street Address: Cust A/C #: 574161-0 Nat'l/Local: LD Mailing Address: PO BOX 580 Term: Service Date: 3/11/2013 City: FORT COLLINS St: CO Zip: 80522 Contact Person: Phone: Fax: Campaign: Water Restrictions Total Camp -Invest.: $44,496.00 Email: Shelters Seq # 1 Company #: 488 Investment Per $3,708.00 Market: FORT COLLINS Market Code: 13 Billing Period: Local AE: DMB8777-David Brunacci Alt. AE: PO M Design: Imprint: Daily 0 # Spaces: 12 GRPs: # Billing Invest Per Panel Market Location Size Ilium Service Dates Periods Billing Period 10026 FORT COLLINS HWY 287 W/S S/O W HARMONY RD 60" X 4' 0" Yes 03/11/13-02/09/14 12 $309.00 10027 FORT COLLINS HWY 287 W/S S/O W HARVARD ST 60" X 4' 0" Yes 03/11/13-02/09/14 12 $309.00 10029 FORT COLLINS HWY 287 W/S S/O W LAUREL ST 60" X 4' 0" Yes 03/11/13-02/09/14 12 $309.00 10118 FORT COLLINS S LEMAY AVE E/S N/O E DRAKE RD 60" X 4' 0" Yes 03/11/13-02/09/14 12 $309.00 10176 FORT COLLINS S TAFT HILL RD E/S N/O W DRAKE 5' 8" X T 11" Yes 03/11/13-02/09114 12 $309.00 RD CR 10190 FORT COLLINS DHARMONY RD S/S E/O WHEATON 6' 0" X 4' 0" Yes 03/11/13-02/09/14 12 $309.00 10220 FORT COLLINS RHARMONY RD N/S W/O ZIEGLER 60" X 4' 0" Yes 03/11/13-02/09/14 12 $309.00 10226 FORT COLLINS MAY AVE E/S N/O RIVERSIDE 60" X 4' 0" Yes 03/11/13-02/09/14 12 $309.00 AVE 10238 FORT COLLINS RD E/S N/O CUSTER SRD 60" X 4' 0" Yes 03/11/13-02/09/14 12 $309.00 DTIMBERLINE 10242 FORT COLLINS S SHIELDS ST E/S N/O CASA 60" X 4' 0" Yes 03111/13-02/09/14 12 $309.00 GRANDE BLVD 10245 FORT COLLINS RSHIELDS ST E/S N/O HILL POND 60" X 4' 0" Yes 03/11/13-02/09/14 12 $309.00 10251 FORT COLLINS S TAFT HILL RD E/S N/O W 6' 0" X 4' 0" Yes 03/11/13-02/09/14 12 $309.00 ELIZABETH ST Investment Schedule Year Period Total Investment 2013 3/11-4/7 $3,708.00 4/8-5/5 $3,708.00 5/6-6/2 $3,708.00 6/3-6/30 $3,708.00 7/1-7/28 $3,708.00 7/29-8/25 $3,708.00 8/26-9/22®_ $3,708.00 9/23-10/20 $3,708.00 10/21-11/17 $3,708.00 11/18-12/15 $3,708.00 12/16-1/12 $3,708.00 2614 1/13-2/9 $3,708.00 - THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY - INITIALS: Contract No.: 1891235 PAGE 1 of 3 pagesThe terms on all Advertiser authorizes and instructs The Lamar Companies (Lamar) to display in a good and workmanlike manner, and to maintain for the terms set forth above, outdoor advertising displays described above or on the attached list. In consideration thereof, Advertiser agrees to pay The Lamar Companies all contract amounts within thirty (30) days after the date of billing. Advertiser acknowledges and agrees to be bound by the terms and conditions on all pages of this contract. The undersigned representative or agent of Advertiser hereby warrants to The Lamar Companies that he/she is the BY: ACCOUNT EXECUTIVE COMPANY: Northern Colorado of the Advertiser and is authorized to execute this contract on behalf of Advertiser. FORT COLLINS UTILITIES CUSTOMER/ADVERT��R� DATE: V I BY: (� n ure above)= CUSTOMER/ADVERTISER SIGNED BY: ^t j gQ�� F(prin tame above) This contract is NOT BINDING UNTIL ACCEPTED by a Lamar General Manager. DATE: 1. General Conditions THE LAMAR COMPANIES BY: GENERAL MANAGER STANDARD CONDITIONS 1. On initial installation, if Lamar and/or Lamar Transit Authority (LTA) is requested by Advertiser to submit art work, then art work submitted by Lamar and/or LTA shall be approved or substitute art work shall be furnished by Advertiser within ten (10) days after submission. In the case of default in furnishing or approval of art work by Advertiser, then the date of installation posting for purposes of commencement of the first invoice shall be deemed to occur on the date on which the various spaces are available for service. 2. Advertiser warrants that all approved designs do not infringe upon any trademark or copyright, state or federal. Advertiser agrees to defend, indemnify and hold Lamar free and harmless from any and all loss, liability, claims and demands, including attorney's fees arising out of the character, contents or subject matter of any copy displayed or produced pursuant to this contract. 3. Upon completion and installation of initial posting, or upon the circumstances described in paragraph 1 regarding default, an invoice for payment will be sent to Advertiser or Agency. Upon Advertiser's or Agency's request, a report of the posting will be sent with the initial invoice. The first invoice shall cover the period from date of installation (if more than one location is included, the average date of installation shall be used) to the end of the billing period in which the invoice is rendered, and subsequent invoices shall be rendered in advance on the first of each successive billing period. Each invoice will cover the billing period following commencement of posting or date of installation ; or following the circumstances described in paragraph 1 above regarding default . All prorated invoices and credits will be computed on the basis of a four week billing period. 4. If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature, including but not limited to acts of God, strikes, work stoppages or picketing, or in the event of damage or destruction of any of the spaces, or in the event Lamar is unable to deliver any portion of the service required in this contract, including illumination, buses in repair, or maintenance, this contract shall not terminate. Credit shall be allowed to advertiser at the standard rates of Lamar for such space or service for the period that such space or service shall not be furnished or shall be discontinued or suspended. Lamar may discharge this credit, at its option, by furnishing advertising service on substitute spaces, to be reasonably approved by advertiser, or by extending the term of the advertising service on the same space for a period beyond the expiration date. The substituted or extended service shall be of a value equal to the amount of such credit. 5. Upon default in the punctual payment of the contract indebtedness or any part thereof, as the same shall become due and payable, the entire amount of the indebtedness contracted for herein shall be matured and shall be due and payable immediately, at the option of Lamar, and unless same is promptly paid, Lamar may, at its option, discontinue without notice the outdoor or transit advertising contracted for herein; provided, however, that such discontinuance shall not relieve the Advertiser or agency of the contract indebtedness. All payments in arrears shall bear interest at the highest contract rate permitted by law, not to exceed 1'h% per month. In addition, Advertiser shall pay Lamar all costs and expenses of exercising its rights under this contract, including reasonable attorney's fees of not less than 25% of the amount due, or $250.00, whichever is greater, and all reasonable collection agency fees. 6. This contract, all pages, constitutes the entire agreement between Lamar and Advertiser. Lamar shall not be bound by any stipulations, conditions, or agreements not set forth in this contract. Waiver by Lamar of any breach of any provision shall not constitute a waiver of any other breach of that provision or any other provision. 7. The Advertiser is purchasing preemptable space. Lamar shall have the right to sell another advertiser the space contracted for herein during the time period contracted for herein, in whole or in part, in order to display substitute advertising copy which it, in its sole discretion, deems necessary. In the event Lamar temporarily substitutes another advertiser's copy for the Advertiser's copy, Lamar will notify the Advertiser no later than one (1) day after the substitution has taken place. In this case, Lamar in its sole discretion will either (i) run the Advertiser's advertisement(s) for the same number of days as the advertisement was not run or (ii) refund to the Advertiser on a INITIALS: Contract No.: 1891235 PAGE 2 of 3 per diem basis for the time that the advertisement was not run. II. Transit Conditions 1. It is expressly understood that the Transit Provider, City or Authority, and LTA shall have the right to disapprove of any particular advertisements and thereby prevent their being displayed, especially in instances in which the advertisement is adverse to The Transit Provider's interests or in poor taste, but this right of disapproval shall not be unreasonably exercised. If this right is exercised, the advertiser shall have no claim nor recourse against The Transit Provider or LTA. LTA reserves the right to terminate the contract for any reason at any time. 2. Periodically bus routes are changed. The Transit Provider and LTA cannot guarantee that the bus route that your advertising is on will remain the same but will do its best to move your advertising to a new route. From time to time buses will brought in for servicing for a period of up to six (6) days. Route changes of service periods will not contribute to cancellation of this contract. 3. CANCELLATION: in the event of termination of the contract agreement between The Transit Provider and LTA, all unexpired portions of such advertising agreement shall be subject to cancellation. All contracts are non -cancellable by Advertiser unless otherwise agreed upon in writing. The cancellation privilge, if agreed upon in writing, must provide that written notice reach LTA at least sixty (60) days prior to the date of the last invoice for which the Advertiser will be liable. 4. A leeway of five (5) working days from the accepted posting date is required to complete the posting of any display. Production should be shipped in time to arrive at least ten (10) days prior to the accepted posting date. Special Considerations: Production Costs: $150 per ad when applicable. Special Provisions: 12 pre-emotible shelter ads included based on available space SURETY AGREEMENT In consideration of Lamar entering into this contract with Advertiser, the undersigned ("Surety') guarantees and becomes a surety for Advertiser in favor of Lamar for all sums due by Advertiser under this contract. The obligation of Surety is joint and several and in solido with Advertiser and Agent (if applicable) for the full performance of all of Advertiser's obligations under this contract or any continuation. Surety consents to all extensions. Surety waives any benefit that may allow him to limit this obligation to less than the full obligation of Advertiser. It is understood that, without this guarantee or surely agreement, Lamar would not be willing to enter this contract with Advertiser. DATE SURETY Signature Above Print Name: Address: Invoice Start Date: 3/11/2013 Invoice End Date: 2/9/2014 Inv. Routing: Customer Inv. Exception: Not Set Product Code: 92 - Utilities Split Billing: Nat'l Contract No: Political Co-op: Multi -Mkt Selling AE: P.O.P. Sales Manager: INITIALS: Contract No.: 1891235 PAGE 3 of 3 Revenue Calendar Figures do not take into account late or tardy enlrv. Year Month Total Revenue 2013. Mar $4,045.09 Apr $4,045.09 May 045.09 Jun $4,045.09 Jul $4,045.09 Aug4 045.09 Sep $4,045.09 Oct $4,045.09 Nov $4,045.09 Dec $4,045.09 2014 Jan $4,045.10 Contract No.: 1891235 THE - COMPANIES Lamar Northern Colorado CONTRACT Dale: 1/31/2013 Transit 2649 East Mulberry Street New/Renewal: RENEWAL Fort Collins CO 80524 PHONE: (970)4934411 Contract No. 1891280 FAX: (970)193-4595 Customer Name: FORT COLLINS UTILITIES Advertiser: FORT COLLINS UTILITIES Street Address: Cust A/C #: 574161-0 Nat'l/Local: LD Mailing Address: PO BOX 580 Term: Service Date: 3/11/2013 City: FORT COLLINS ,St: CO Zip: 80522 Contact Person: Phone: Fm: Campaign: Total Camp. Invest.: $10,260.00 Email: Benches Seq # 1 Company #: 488 Investment Per$855.00 Billing Period: Market: FORT COLLINS Market Code: 13 Local AE: DM88777-David Brunacci AIL AE: PO #: Design: Imprint: Daily 0 # Spaces: 9 GRPs: # Billing Invest Per Panel Market Location Size Ilium Service Dates Periods Billing Period 15006 FORT COLLINS CENTRE AVE W/S S/O CENTRE DR 2' 0" X 60" No 03/11/13-02/09/14 12 $95.00 15061 FORT COLLINS W ELIZABETH ST NIS E/O 2' 0" X 6' 0" No 03/11/13-02/09/14 12 $95.00 HILLCREST DR 15079 FORT COLLINS W HORSETOOTH RD NIS W/O 2' 0" X 60" No 03/11/13-02/09/14 12 $95.00 SENECA ST 15081 FORT COLLINS N HOWES ST W/S S/O LAPORTE AVE2' 0" X 60" No 03/11/13-02/09/14 12 $95.00 15090 FORT COLLINS LLAPORTE AVE N/S W/O N LOOMIS 20" X 60" No 03/11/13-02/09/14 12 $95.00 AVE 15098 FORT COLLINS AVE COLN AVE S/S E/O S LEMAY 2' 0" X 6' 0" No 03/11/13-02/09/14 12 $95.00 15143 FORT COLLINS STOVER ST E/S S/O STRACHAN DR 2' 0" X 6' 0" No 03/11/13-02/09/14 12 $95.00 15185 FORT COLLINS S MELDRUM ST E/S N/O W 2' 0" X 60" No 03/11/13-02/09/14 12 $95.00 MULBERRY ST 15199 FORT COLLINS CPROSPECT RD NIS W/O ACADEMY 2' 0" X 6' 0" No 03/11/13-02/09/14 12 $95.00 Investment Schedule Year Period Total Investment 2013 3/11-4/7 $855.00 4/8-5/5 $855.00 5/6-6/2 _ s $855.00 6/3-6/30 A ®® ®-®m $855.00 7/1-7/28 $855.00 7/29-8/25 $855.00 8/26-9/22 $855.00 9/23-10/20 $855.00 10/21-11/17 $855.00 11/18-12/15 $855.00 12/16-1/12 $855.00 2014 1/13-2/9 $855.00 - THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY - INITIALS: Contract No.: 1891280 PAGE 1 of 3 The terms on all pages are part of this contract.. Advertiser authorizes and instructs The Lamar Companies (Lamar) to display in a good and workmanlike manner, and to maintain for the terms set forth above, outdoor advertising displays described above or on the attached list. In consideration thereof, Advertiser agrees to pay The Lamar Companies all contract amounts within thirty (30) days after the date of billing. Advertiser acknowledges and agrees to be bound by the terms and conditions on all pages of this contract. The undersigned representative or agent of Advertiser hereby warrants to The Lamar Companies that he/she is the BY: ACCOUNT EXECUTIVE of the Advertiser and is authorized to execute this contract on behalf of Advertiser. FORT COLLINS UTILITIES CUSTOMER/ADVERTISER DATE: 2 r I l{ 3 COMPANY: Lamar Northern Colorado Transit BY: CUSTOMER/ADVERTISER SIGNED BY: [(pr i nt:na m (i. a bove) This contract is NOT BINDING UNTIL ACCEPTED by a Lamar General Manager. DATE: THE LAMAR COMPANIES I. General Conditions BY: GENERAL MANAGER STANDARD CONDITIONS 1. On initial installation, if Lamar and/or Lamar Transit Authority (LTA) is requested by Advertiser to submit art work, then art work submitted by Lamar and/or LTA shall be approved or substitute art work shall be furnished by Advertiser within ten (10) days after submission. In the case of default in furnishing or approval of art work by Advertiser, then the date of installation posting for purposes of commencement of the first invoice shall be deemed to occur on the date on which the various spaces are available for service. 2. Advertiser warrants that all approved designs do not infringe upon any trademark or copyright, stale or federal. Advertiser agrees to defend, indemnify and hold Lamar free and harmless from any and all loss, liability, claims and demands, including attorney's fees arising out of the character, contents or subject matter of any copy displayed or produced pursuant to this contract. 3. Upon completion and installation of initial posting, or upon the circumstances described in paragraph 1 regarding default, an invoice for payment will be sent to Advertiser or Agency. Upon Advertiser's or Agency's request, a report of the posting will be sent with the initial invoice. The first invoice shall cover the period from date of installation (if more than one location is included, the average date of installation shall be used) to the end of the billing period in which the invoice is rendered, and subsequent invoices shall be rendered in advance on the first of each successive billing period. Each invoice will cover the billing period following commencement of posting or dale of installation ; or following the circumstances described in paragraph 1 above regarding default . All prorated invoices and credits will be computed on the basis of a four week billing period. 4. If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature, including but not limited to acts of God, strikes, work stoppages or picketing, or in the event of damage or destruction of any of the spaces, or in the event Lamar is unable to deliver any portion of the service required in this contract, including illumination, buses in repair, or maintenance, this contract shall not terminate. Credit shall be allowed to advertiser at the standard rates of Lamar for such space or service for the period that such space or service shall not be furnished or shall be discontinued or suspended. Lamar may discharge this credit, at its option, by furnishing advertising service on substitute spaces, to be reasonably approved by advertiser, or by extending the term of the advertising service on the same space for a period beyond the expiration date. The substituted or extended service shall be of a value equal to the amount of such credit. 5. Upon default in the punctual payment of the contract indebtedness or any part thereof, as the same shall become due and payable, the entire amount of the indebtedness contracted for herein shall be matured and shall be due and payable immediately, at the option of Lamar, and unless same is promptly paid, Lamar may, at its option, discontinue without notice the outdoor or transit advertising contracted for herein; provided, however, that such discontinuance shall not relieve the Advertiser or agency of the contract indebtedness. All payments in arrears shall bear interest at the highest contract rate permitted by law, not to exceed 1'/2% per month. In addition, Advertiser shall pay Lamar all costs and expenses of exercising its rights under this contract, including reasonable attorney's fees of not less than 25% of the amount due, or $250.00, whichever is greater, and all reasonable collection agency fees. 6. This contract, all pages, constitutes the entire agreement between Lamar and Advertiser. Lamar shall not be bound by any stipulations, conditions, or agreements not set forth in this contract. Waiver by Lamar of any breach of any provision shall not constitute a waiver of any other breach of that provision or any other provision. It. Transit Conditions 1. It is expressly understood that the Transit Provider, City or Authority, and LTA shall have the right to disapprove of any particular advertisements and thereby prevent their being displayed, especially in instances in which the advertisement is adverse to The Transit Provider's interests or in poor taste, but this right of disapproval shall not be unreasonably exercised. If this right is exercised, the advertiser shall have no claim nor recourse aqainst The Transit Provider or LTA. LTA reserves the riqht to terminate the contract for any INITIALS: Contract No.: 1891280 PAGE 2 of 3 reason at any time. 2. Periodically bus routes are changed. The Transit Provider and LTA cannot guarantee that the bus route that your advertising is on will remain the same but will do its best to move your advertising to a new route. From time to time buses will brought in for servicing for a period of up to six (6) days. Route changes of service periods will not contribute to cancellation of this contract. 3. CANCELLATION: in the event of termination of the contract agreement between The Transit Provider and LTA, all unexpired portions of such advertising agreement shall be subject to cancellation. All contracts are non -cancellable by Advertiser unless otherwise agreed upon in writing. The cancellation privilge, if agreed upon in writing, must provide that written notice reach LTA at least sixty (60) days prior to the date of the last invoice for which the Advertiser will be liable. 4. A leeway of five (5) working days from the accepted posting date is required to complete the posting of any display. Production should be shipped in time to arrive at least ten (10) days prior to the accepted posting date. Special Considerations: Production cost: $50 per bench ad if applicable. SURETY AGREEMENT In consideration of Lamar entering into this contract with Advertiser, the undersigned ("Surely") guarantees and becomes a surely for Advertiser in favor of Lamar for all sums due by Advertiser under this contract. The obligation of Surety is joint and several and in solido with Advertiser and Agent (if applicable) for the full performance of all of Advertiser's obligations under this contract or any continuation. Surety consents to all extensions. Surety waives any benefit that may allow him to limit this obligation to less than the full obligation of Advertiser. It is understood that, without this guarantee or surely agreement, Lamar would not be willing to enter this contract with Advertiser. DATE: SURETY Signal eiPbo"ve Print Name: Address: THIS INFORMATION FOR OFFICE USE ONLY; ' Invoice Start Date: 3/11/2013 Irivoice'End Dale: 2/9/2014 Inv. Routing Customer Inv. Exception: Not Set Product Code: 92 - Utilities Split Billing Nat'l Contract No: Political' Co-op: Multi -Mkt Selling AE: P.O.P. Sales Manager: INITIALS: Contract No.: 1891280 PAGE 3 of 3 Revenue Calendar Figures do not lake into account late or lardy entry. Year Month Total Revenue 2013 Mar $932.73 Apr $932.73 May 932.73 Jun $932.73 Jul $932.73 Aug932.73 Se 932.73 Oct $932.73 Nov $932.73 Dec $932.73 2014 ]an $932.70 Contract No.: 1891280