HomeMy WebLinkAboutRES 09-169 RESOLUTION NO. 09-169
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with Lamar
Advertising, substantially in the form attached hereto as Exhibit "A," and all other
documents necessary for the purchase of a billboard vinyl for use by the Southeast Texas
Auto Theft Task Force to raise public awareness of auto burglaries in the program area.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
June, 2009.
Mayor Pro Tern Audwin Samuel -
ew �
Beaumont
P.O. Box 21580 THE Date: 05/1312009
Beaumont TX 777 20-1 580 _._,..,__ COMPANIES New/Renewal.
PHONE: 409-842-4881 Contract
FAX: 409-842-5075
Contract No. 1113902
CITY OF BMT/AUTO THEFT TASK
Customer Name. CITY OF BEAUMONT/AUTO THEFT TASK Advertiser: FORCE
Street Address: Cust.A/C* 270968.1 Naf!/Loam: LO
Service
Meiling Address: FORCE P O BOX 3827 Tam: 1 DAY Date: 08/01/21)09
City: BEAUMONT State: TX zip: 77704 Contact Person: KYLES HAYES
Phone: (409)880-3720 Campaign:
Fax: Emsik
Total Campaign
Investment $946.00
Vinyl
Investment Per
Company#: 48 Stilling Period: $945.00 Market: BEAUMONT MGM Code: 2
Local AE: JLP2187-Joarma Pedigo A8.AE: PO P.
Product: Description: CHARGE FOR 1 10'8"X38'VINYL
Qty: 1 Rate Per Unit: $945.00 Freight $0.00
Barvke
001ea for 21>a 05MI
Investment Schedule
2W9 -
06/01 $945.00
--- The remainder of this page left intentionally blank---
Page 1 of 5
EXHIBIT "A"
Contract No. 1113902
Advertiser authorizes and instructs The Lamar Companies 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 fist 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 contained on all pages of this contract.
The undersigned representative or agent of Advertiser hereby warrants to The Lamar Companies that halshe is thaREPRESENTATIVEof
the Advertiser and is authorized to execute this contract on behalf of Advertiser.
I
CUSTOMERIADVERTISER
ACCOUNT ERROR: DATE:
COMPANY:Beaumont BY:
CUSTOMER/ADVERTISER SIGNED BY KYLE HAYES
This contract Is NOT BINDING UNTIL ACCEPTED by the General Manager of a Larmtr Outdoor Advertising Company.
ACCEPTED: THE LAIMAR COMPANIES
DATE: BY:
GENERAL MANAGER GEORGE CRAWFORD
AGENCY
The agency representing this Advertiser in this contract executes this contract as an&gem for a disclosed principal,but hereby expressly
agrees to be liable jointly and severalty and in solido with Advertiser for the full and faithful performance of Advertisers obligations hereunder.
Agency waives notice of default and consents to all extensions of payment.
Buying Service: Cust A/C: 270858.1 Nsrl/Locsl: LD
Agency: Street Address:
Date: Moiltng Address:
By: City: State: Zip:
Signed By:
Email Address:
Contact: Phew: Fax:
STANDARD CONDMONS
I. General Conditions
1. On initial installation,if is requested by Advertiser to submit art work,then art work submitted by 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 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.
CG'Ir4 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
�Q-+Y1 A• / arising out of the character,contents Or subject matter of any copy displayed or produced pursuant to this contract.
' 3. If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature,including but not
4� 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,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.
a. Upon default in the puncluel payment of the contract Indebtedness or any part thereof,as the same Mali become due and payable,the
entire&mount of the indebtedness oonbucted 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 advertising contracted for herein;
provided,however,that such discontinuance shall not relieve the Advertiser or agency of the contract Indebtedness.All payments in
arrears shag bear interest at the highest contract rate permitted by law,not to exceed 1 X%per month.In addition,Advertiser shall pay
Lamar all crests and expenses of exercising Ns rights under this contract,including reasonable attorney's fees of riot rasa then 25%of
the amount due,or$250.00,whichever is greater,and all reasonable collection agency fees.
5. This contract,all pages,constitutes tiw entire agreement between Lamar and Advertiser.Lamar shall not be band 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.
if. Commercial Conditions
1. Initial design copy shell be furnished to Lamer not later than thirty(30)days after the date hereof or&s otherwise provided below in
Page 2 of 5
paragraph R.M Lamar is requested by Advertiser to submit copy,than copy submitted by Lamar shall be approved or substitute copy
shall be furnished by Advertiser within tan(10)days after submission.
2. N Lamar is prevented from obtaining the poster paper or producing the commercial painting under this contract,in whole or in part,by
causes beyond its control of whatever nature,including but not limited to acts of God,stare,work stoppages or picketing,Lamar,at its
option,may terminate this contract or extend it until such time as the cause of Its nonperformance is removed.
m. Special ConeldentSons:
N. SpecialIsmiskm:
Page 3 of 6
SURETY AGREEMENT•Contract No. 1113802
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(d applicable)for the fug 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 then the full obligation of
Advertiser.It is understood that,without this guarantee or surety agreement, Lamar would not be willing to enter this contract with
Advertiser.
Signed this day of
SURETY
Print Name:
Address:
THIS MFOFUAATION FOR.OFPICE USE ONLY
Invaiaa.Btad Dst s: g6NVA N trwdw End Dda- 061D rm
Inv.Rauang: Cudww Inv.Ems;
Product Cods:
Non Contrad No: POWCA Spa Oft:
Muth-NId Soing AE: Co-W,
it
Page 4 of 5
Revenue Calendar-Contract No.
Year
2009
Jun 5945.00
Page 6 of 5
Beaumont
P.O. Box 21580 • * COMPANIES Date: 05/13/2009
THE
Beaumont TX 77720-1580 New/Renewal:
PHONE: 409-842-4881 Contract
FAX: 409-842-5075
Contract No. 1113902
CITY OF BMT/AUTO THEFT TASK
Customer Name: CITY OF BEAUMONT/AUTO THEFT TASK Advertiser: FORCE
Street Address: Cust.A/C ik 270958.1 Nat l/Local: LD
Service
Mailing Address: FORCE P O BOX 3827 Tenn: 1 DAY Date: 06/012009
City: BEAUMONT State. TX zip.- 77704 Contact Person: KYLES HAYES
Phone: (409)880.3720 Campaign:
Fax:
Email
Total Campaign
Investment $945.00
Vinyl
Investment Per
Company#: 48 Billing Period: $945.00 Market: BEAUMONT Market Code: 2
Local AE: JLP2167•Joanna Pedigo AR.AE: PO#:
Product Description: CHARGE FOR 1 10'6'136 VINYL
Oty. 1 Rate Per Unit: $945.00 Freight $0.00
Santee Dates for 2006 06/01
Investment Schedule
2009 . k 3 b3} o y 5
06!01 $945.00
--- The remainder of this page left intentionally blank---
Page 1 of 5
Contract No. 1113902
Advertiser authorizes and instructs The Lamar Companies 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 contained on all pages of this contract.
The undersigned representative or agent of Advertiser hereby warrants to The Lamar Compani that he/she is theREPRESENTATIVEof
the Advertiser and is authorized to execute this contract on behalf of Advertiser.
CUSTOMER/ADVERTISER e
'
ACCOUNT EXECUTIVE: DATE:
COMPANY:Beaumont BY: j
CUSTOMER/ADVERTISER SIGNED BY KYLE HAYES
This contract is NOT BINDING UNTIL ACCEPTED by the General Manager of a Lamar Outdoor Advertising Company.
ACCEPTED THE LAMAR COMPANIES
DATE: BY.
GENERAL MANAGER GEORGE CRAWFORD
AGENCY
The agency representing this Advertiser in this contract executes this contract as an agent for a disclosed principal,but hereby expressly
agrees to be liable jointly and severally and in solido with Advertiser for the full and faithful performance of Advertiser's obligations hereunder.
Agency waives notice of default and consents to all extensions of payment.
Buying Service: Cust AIC: 270958.1 Nat l/Local: LD
Agency: Street Address:
Date: Mailing Address:
By: City: State: Zip:
Signed By:
Email Address:
Contact Phone: Fax:
S'T'ANDARD CONDITIONS
I. General Conditions
1. On initial installation,if is requested by Advertiser to submit art work,then art work submitted by 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 for purposes of commencement of the first invoice shall be doomed to occur on the date on which the
various spaces are available for service.
Clryyli,44� Advertiser warrants that all approved designs do not infringe upon any trademark or copyright,state or federal. Advertiser agrees to
T 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.
Cjp 3. If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature,including but not
Q 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,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.
4. Upon default in the punctual payment of the contract Indebtedness or any part thereof,as the some shall become due and payable,the
entire amount of the indebtedness contracted for herein shall be matured and shag 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 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 beer interest at the highest contract rate permitted by law,not to exceed 1%%per month.In addition,Advertiser shall pay
Lamar all costs and expenses of exercising its rights under this contract,including reasonable attomey's fees of not less then 25%of
the amount due,or$250.00,whichever is greater,and all reasonable collection agency fees.
S. 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.
g. Commercial Conditions
1. Initial design copy shell be furnished to Lamar not later then thirty(30)days after the date hereof or as otherwise provided below in
Page 2 of 5
Paragraph G.If Lamar is requested by Advertiser to submit copy,than copy submitted by Lamar shall be approved or substitute copy
shell be furnished by Advertiser within ten(10)days after submission.
2. If Lamar is prevented from obtaining the poster paper or producing the commercial painting under this contract,in whole or in part,by
causes beyond its control of whatever nature,including but not limited to ads of Clod,strike,work stoppages or picketing,Lamar,at its
option,may terminate this contract or extend It until such time as the cause of its nonperformance is removed.
Ill. Special Considerations:
Iv. Special Provisions:
Page 3 of 6
SURETY AGREEMENT-Contract No. 1113802
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 surety agreement,Lamar Id not be I'11ing to enter this contract with
Advertiser. � `r
Signed this— it of ZOOS
SURETY 41011
Print Name:
L• •Mr..f
•
Address
tf^I . fX 777 !
THIS INFORMATION FOR OFFICE USE ONLY
Invoice Start now: 06MM00g Invoice End Date: o"IrAw
Inv.Routing: Customer Inv.Ez
Product Code:
Nan Contract No: Political: wit B07Ing:
Multi-Mkt Soling AE: Co-op:
it
Page 4 of 5
Revenge Calendar- Contract Mg.. 11&39
Year use ON I
sa ,,
MW
Jun $94500
Ii
Page 5 of 5