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HomeMy WebLinkAboutContract 46129 CITY SECRETAW CONTRACT NO. t,l 17,' 1 .�. (version 5.1) ►GIN Page 1of2 R r-r ClearChannel' 670 OUTDOOR October 6,2014 CONTRACT FOR OUTDOOR POSTER ADVERTISING CONTRACTED BY C IN CUSTOMER# INVOICE CUSTOMER# 3 VOICE X NAME NAME CI of Fort worth ADDRESS ADDRESS 1000 Throckmorton CITY/STATE/ZIP CITY/STATE/ZIP Fort Worth TX 76102 CONTACT CONTACT Robert Mills EMAIL ADDRESS EMAIL ADDRESS robe rt.miIIS fortworthtexas. ov PHONE# FAX# I PHONE# 817-392-4839 ILAx# P.O.# I IP.O.# ADVRTSR/PROD PRODUCT NAME Market Name/Location GRP No.Of Term In Posting Rate Per Contract Impression Posters 4-week Dates 4-week Total Level Illum. Reg. Periods Period Dallas/Ft.Worth,TX i ***BONUS Poster #42120 South Frwy 1 1 10/2712014 $ - $ - 700ft SO Berry St WS FN Display Commences: 10/27/14 Space Amount $ - $ Special Instructions/Additional Charges: Production Charges This contract is for space only.Materials must be received 5- TOTAL INVOICE AMOUNT $ - 7 business days prior to scheduled posting date.Materials post week of start date. Agency/Advertiser hereby contracts for the outdoor advertising services described above upon the terms set forth above AND ON PAGE 2 OF 2,wWh AgancylAdvoAw her-by acknowledges and confirms receipt of by executing in the space provided below.Contracts transmitted to Clear Channel Outdoor via fax machines are to be treated as original contracts and are subject to the terms and conditions on the second page.This contract must be signed by both Agency or Advertiser and CCO to be effective. Agency: Advertiser: City of Fort Worth Signature: Signature: Name: Date Name: 64mles Daniels Date x Clear Channel Outd inc. Signature; Name: Jake Smith DateC 5jtbqo •- Contract No. File Name A/E(s)Name/No. Selling Branch Address New Ashley Greer Jay AG56 3700 E. Randol Mill Road Renewal Arlington,TX 76011 Takeover Ph(817)640-4550 Fx(8 7)649-0536 Product/Class Number: Market Type: GCVCRAL Q OFFICIAL RECORD PDF created with pdfFactory trial version www. dffactor . Y SECRETARY '� FT. WORTH, TX (,renianh 5.1) Page 2 of 2 ClearChannel' rid OUTDOOR ('ONTRACT FOR OUTDOOR BULLETIN ADVERTISING STANDARD TERMS LO Relationship of Parties 1.1 Agency represents that it has the authority o act and is acting as agent bra disclosedpdncipal,the (b)When a bulletin location specifiedin this contract Is no longer available due to a toss of Ore structure or advertiser named an the face hereof rAdvartisen. the loss of or the Inability to use the structure for any reason,Company will offer Agency a location of (a)If Agency has signed.Agency will be liable for the payment of sums due herarxrder and Company approimately equal advertising value,which location will be subject to the prompt,reasonable approval of will look solely to Agency W the payment(hereof,unless and untl Agency becomes delinquent in Its Agency.In the event that Agency approves the location,the term of this cuntractwi0 be attended after IN payments to Company,or insolvent,at which time,wittoutrelieving the Agency of liability until Company expiration date of this contract for a period equal to the time during which the advertising material,an or Is paid in hull,Advara.er will tw liable join y art severally to Company on all unpaid billings. copy was not on display.If Agency does not approve the localloR than Company may terminate tits (b)Nothing herein contained relating to the payment of billings by Agency will be consimt:0 so as b contract and wtl pay Agency a sun eoual to the actual non-cancelable out-of-pocket cost necessarily relieve Advertiser of,or diminishAdwNser's ilabilly for,breach of its obligations hereunder. incurred by Agency prior to the date of termination for production and delivery of'b advertising mata;'.a!,an 1.2 If this contract is with a media buying service,all references herein to"Agency wig apply to the or copy hereunder which was not displayed. mediab tying sake.If this contract Is made directly with Advertiser,reference herein to"Agency will (c)Company may upon notice to Agency,terminate this contract at any tine(I)upon material breach by applyhoAdmillser. Agency or(il)if Company does not receive timely payment on billings.Upon such termination all unpaid, 1.3 Agency may not assign this contract eteept b another Agency which succeeds to is business of accrued charges hereunder will iin medalely become due and payable and Agency will pay,as liquidated representing Advertiser and prodded the succes sor Agency assumes all Agency's obligation s hereunder. damages,a sum equal to 75%of the amount which would have been payable hereunder.Agancymay. Advertiser may,upon notice to Company,change its Agency.Advertiser may not assign this contract upon notice to Company,terminate this contract at any time upon material breach by Company.Upon such 20 Delivery of Artwork and Production Materials. lennination,Companywill pay as liquidated damages sum equal to the actual noncancelableouFd- 2.1 As provided below,Agencywlil deliver to CompanyAccepabla Malerials in sufficient quantity for pocket cost necessarily incurred by Agency prior to the dale of termination for production end delivery of the proper emcullon of dsplay(s), advertising material,art or copy hereunder which was not displayed.Neither party will have any liability to 2.2 If Its is a new contract(not a renswai)for rotary or permanent bulletins,Agency will deliver Oa other upon breach or termination,except as provided in this Paragraph 4.1(c),Paragraphs 2.2,4.1(b) Acceptable Materials to Comparry not less than sixty(00)days prior to the display dale specified on the and 4.4.Agency may rot seek specific performance or any other equitable remedy related to this contract fete hereof if painting will be required,or(b)five(5)days prior to such display date if the display will (d)Notwithstanding anything to the contrary herein,Company shall be giver(a reasonable amount of time ihciudaposting or computer generated vinyl material.If the Acceptable Materials have not been received to cure a default,but in no event less than 30 days. by Company by the dale specilledon One lace of this contract,in addition to Its other remedies,Comparry 42 Teams of Payment Comparrywlll,from timeto timeal intervals following commencemenlof service, may terminate this contract If terminated by Company,Agency will pay to Company an amount equal to bill Agency at the address on the face hereof.Agency will pay Company within thirty(30)days alter One two monlhs'billirgs as liquidated damages.It Acceptable Materials are timely delivered,Company will date olimoics.O Agency fails to pay any invoice when due,in addition to amounts payable thereunder, completepalming.posting or vinyl installation of the displays no later than five(5)working days agar the Crmpenywili be promptly reimbursed its eallectoncosts,including reasonable allomeye fees.plus display date specified on One face hereof and commence billing on the dale copy is fully displayed. monthly service charge at the rate of 1.5%of the outstanding balance of the invoice to the extent permitted 2.3'Acceptable Materials'is defined(a)In the case of painting,as a stated or properly proportioned by applicable law. mechanical.original Illustration,dye transferor otter cola reproduction of comparable quality,and for the 4.3 Tams. 9 ampany will pay am lisfarinal fiFais ady laigis iiMbwlahl a 49 the abuii lu Fee an Agency will be purpose hereof,cola Iransparenciaa will rot be deemed to be acceptable;or(b)in the case of posting responsible for all other federal,stale and local tams in respect of this contract- paper or computer generated vinyl,all melerialswill be in quality sufficient enough to meet the need 4.4 Indemnification. hereunder(plus 10%or mposdng or repair purposes)at places designated by Company,shipping as HSA 9wenlial r1ap"a gas.i.e.,lost 0 ram is,myeAW8 OF QdVWUSiA@ OPP 81'MOM but inal uding elaim A.d a FRands, charges prepaid,end in weight tensile strength,opacity,size and sat Materials will be furnished Ina Nnmtsn quantity of one complete set of material and instructions for every display lobe posted or vinyl Installed. 2.4 Any points included with Its contract that we not used by the end of got contract term are force d. 3,0 Obligations of the Company , 3.1 Al approved advertising material,art or copy will be posted or ins(affedand maintained. 4.5 Complanco, 3.2 O got bulletins hereunder are part of a rotary plan.Company will notify Agency of locations of each (a)Company's obligations hereunder are subject to and subordinate to the terns and conditions of any rotation upon request from Agency. applicable ground lease for billboards and other agreements,licenses and permits held by It and o 3.3 Company may reject any advertising material,art or copy,submitted by Agency for any reason.In applicable federal,stale and local laws and regulations. addition,Company may require advertising material,an or copy to be removed at anytime once posted. (b)All advertising material,art or copy furnished by Agency a Advertiser hereunder will at all times 3.4 Canparry retains exclusive control of the painting and posting of the displays and the bulletin complywith all applicable federal,state and local laws and regulations. sWcturesonwhichtheyare displayed. 4.6 Entire Agreement.This contract contains the entire understanding between the parties and cannot be 3.5 proof of Performance Poky:Permanent Bullelin(s):Company will provide one close-up photo or changed or terminated orally.When Dom Is any lncensjatency between diesastandard conditions grid a digital pri nt for each creative execution within a bulletin campaign Including a Clear Channel Outdoor provision on the face hereof,this later will govern Failure of ether party to entoroe any of the provisions Perommance Report Rotary BulletMs):Company will provide one dose-up and one approach photo or hemotvrllnot be construed as general relinquishment or waiver of that or any other provision.All nolkes digltert pdnt for each rotary shirt location and each creative execution includnga Gear Channel Outdoor hawu lderwill be in wdOrp,deemed given on the data of dispatch,and Wdroasad loAgency and Vr Perlonnance Report Rdallon cycles will not be phoogephed uriess the creative copy charges. Company M the addresses on the face tweed. 40(General 4.1 Termhalon and Loss of Service. (a)Any delay or failure by Company to perform hereunder as a result of force ma)eure,labor dispute, A Clear Channel Worldwide Company law,government acton or order,or sinisatr causes trey orxil the C:npany's reasonable co^trol,will'cot constitute a beach of contract,but Agency will be notified immediately and will be entitled,at its election, to service having a value based on chculationreasonably equivalent to the lost service.Failure to provide illumination as required herein,will not constitute a breach,but Agency will be entitled to a realm of value equivalent to the value of lost circulation,but not to exceed 25%of the contract price for the period Muminationwas not provided. Recommended Approval: A t: w' Mary K r Jed rey W.Halstead /0-7-/L/ City Secr tary Chief of Police �! ���0000 Approved as to Form °°° °°��' ''F and 0 —� �y OFFICIAL.RECORD Kel y Madrid �`°° �4°° CITY SECRETARY °po°a°°° Assistant City Attorney `�_ .,�"-o �-- FT. WORTH,TX PDF created with pdfFactory trial version www.pdffacto