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HomeMy WebLinkAbout2020-12-21-J01H Advertising Agr_Waukee LivingAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: Dec. 21, 2020 AGENDA ITEM:Consideration of approval of annual advertising agreement with Big Green Umbrella Media/Iowa Living Magazines FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The proposed annual contract with Big Green Umbrella Media/Iowa Living Magazines includes the purchase of the center two-page spread in Waukee Living Magazine, monthly, for all of 2020. This page will be utilized as a printed resource to provide Waukee citizens with information about what is going on in the City concerning public safety, new development, parks, events and more. This magazine will help to further citizen engagement initiatives in a medium mailed directly to residents free of charge to them. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$19,152.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: City staff recommends City Council approval of the advertising agreement. RECOMMENDATION: Approve the agreement. ATTACHMENTS: I. Advertising Agreement PREPARED BY:Summer Evans REVIEWED BY: J1H Frequency Commitment 4 Color Placement Charge Customer Name/Number ADVERTISING AGREEMENT In consideration of the Advertiser’s agreement to advertise according to the following terms and conditions, the Publisher and Advertiser agree: 1. Advertising commitment in q Cityview q Iowa Living magazines q Adviser ___ q Internet ___ q Events ________ q Custom publishing ________ q Other ________ 3. Payment Terms (All new customers must pre-pay until credit is approved.) q Prepaid check attached q If billing address is different than below. q To pay within 30 days with approved credit after invoice q VISA/Mastercard_______________________________________ Exp. Date ________________ 3-Digit Security Code __________ If account balance exceeds 90 days past due, the entire balance may be charged to this credit card. ___ ads within a ____ month period to begin ______________, 20____. 2. Advertising schedule q as listed below or q attached Date Publication Ad Size Price Date Publication Ad Size Price 1. $ 13. $ 2. $ 14. $ 3. $ 15. $ 4. $ 16. $ 5. $ 17. $ 6. $ 18. $ 7. $ 19. $ 8. $ 20. $ 9. $ 21. $ 10. $ 22. $ 11. $ 23. $ 12. $ 24. $ Total investment $ __________ ___ @ $_______/ad % ___ Fee / Position _____________________ q Center Spread q Back Page q Full Page q 1/2 Page q 1/4 Page q 1/8 Page q Other______ Notes: _____________________________________________________________________________________ Other Information Inserts _____page(s) within a ____mo. period @ $____ per thousand insert. Number of inserts______ q New q Resign #________ q Return #________ 4. Conditions A. The rates to be charged by the Publisher for space used by the Advertiser will match the terms of this agreement; applicable discounts and the terms and conditions of this Agreement shall be those contained herein only. Such rates, discounts, terms and conditions are subject to revisions. The Advertiser may, by written notice to the Publisher, terminate this contract on either (a) the effective date of such revision or (b) ten days after the Advertiser has received notice of such revision, whichever is later, without liability for unused space and without short rate. If the Advertiser does not terminate this Agreement, then upon the effective date of such revision, the rates, discounts, terms and conditions of this Agreement shall be those contained herein and in a new revised rate card. B. All new Advertisers must pay cash in advance until credit is established with the Publisher. Once credit is established, the Advertiser agrees to pay for advertising upon receipt of invoice. Payment will become past due 30 days thereafter. If, at any time, the Publisher determines that the financial responsibility of the Advertiser is not satisfactory, the Publisher can require cash or check in advance. A service charge of 18% per year will be charged on all accounts past due. Fifty dollars will be charged for all returned checks. Advertisers with past due balances more than 90 days may be sent to a collection agency, small claims court or other options to ensure payment. C. The number of ads specified in the frequency contract identified in paragraph 1 must be scheduled and run within that frequency period. If the terms of the frequency agreement are not met, the Publisher reserves the right to bill the Advertiser at the adjusted rate, according to the actual advertising space used. D. The Publisher may terminate this Agreement if the Advertiser fails to pay any amount when due or otherwise fails to perform in accordance with this Agreement; and, in the event the Publisher so terminates the Agreement, the Advertiser, upon being billed by the Publisher, shall promptly pay for space actually used during the contract period based on the Advertiser’s actual performance at the applicable contract rates in effect when space was used. E. To induce BGUM to approve this credit application and purchase agreement and in consideration of its so doing, we, the undersigned, do hereby jointly, severally and personally guar- antee the above Individual Corporation or Partnership Purchasers full performance of said Purchase Agreement and hereby agree to indemnify BGUM against all damages, loss, expense (including Attorney fees) and/or liability sustained by BGUM by reason of, or related to, the above Purchasers failure to perform or to pay when due, charges incurred in accordance with the above Agreement. The above Purchase Agreement may be modified by BGUM and the Purchaser executing same without notice to the undersigned and without affecting the Indemnity and Guarantee. BGUM may enforce this Agreement against the undersigned or any of them, jointly or severally, whether or not any action is ever taken by it against the aboved named Purchaser. F. No specified page or position is guaranteed (unless noted in paragraph 1). G. The Advertiser shall defend and indemnify the Publisher against any claim or liability established against the Publisher by reason of the publication of any advertisement or any part thereof submitted by or published at the direction of the Advertiser. All advertising matter submitted by the Advertiser is subject to the approval of the Publisher, who reserves the option to insert above or below any copy the word “advertisement.” If no space is available, the Publisher shall be relieved of all obligations to publish, and of all liability for failure to publish, such advertise- ment. All approved copy shall be published at the date specified by the Advertiser. The liability of the Publisher for failure to publish an advertisement in the issue specified shall be limited to publishing the advertisement in a subsequent issue. H. The Publisher shall not be liable for slight changes or typographical errors which do not lessen the value of the advertisement. In the event of an error in an advertisement for which the Publisher is liable, its liability shall be limited to (a) republishing the advertisement or (b) refunding such proportion of the entire cost of the advertisement as the space occupied by the error bears to the whole space occupied by such advertisement, whichever the Publisher elects. I. Every attempt will be made by the Publisher to hold events as planned regardless of weather or unforeseen incidents. Due to substantial pre-event promotion, event sponsors will be held accountable for payment regardless of outcome of event. Advertiser Date ___________________________________________ Company Name ____________________________________ Company Phone ______________________Fax ___________ Address _________________________________________ City ___________________________State _____ZIP ____ Name (PRINT) _____________________Title ___________ Signature _______________________________________ E-mail address ____________________________________ Publisher 8101 Birchwood Court, Suite D Johnston, Iowa 50131 Phone 515-953-4822 Fax 515-953-1394 Account Exec. ______________________ Date ___________ Sales Manager _____________________ Date ___________ Publisher _________________________ Date ___________ Contract not valid until signed by all parties. 5. Authorization