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Home My WebLink About2019-12-02-J01F MyWaukee Advertising AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 2, 2019 AGENDA ITEM:Consideration of approval of a one-year advertising agreement with myWaukee Magazine FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The proposed one-year contract with myWaukee Magazine/Goldfinch Media includes the purchase of two pages in MyWaukee Magazine, bimonthly during 2020. These pages 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 our citizen engagement initiatives in a medium mailed directly to residents free of charge. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $7,200 throughout agreement duration ($1,200 paid per placement) COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: City staff recommends City Council approval of the revised one-year advertising agreement RECOMMENDATION: Approve the agreement. ATTACHMENTS: I. Advertising Agreement PREPARED BY:Summer Evans REVIEWED BY: J1F 11/25/2019 WP E-Signature by Approve Me - Sign Documents Using WordPress - https://mywaukee.com/e-signature-document/?invite=8daad1f3cf90059bbda385dd693ee8e064c074cc&csum=151fd91db35869848676332a8474b923…1/4 City Of Waukee:: myWaukee Advertiser Agreement 2020 This advertising agreement (this “Agreement”) is hereby entered into on this 25th day of November, 2019 (the “Effective Date”), by and between myWaukee Magazine (presented as “myWaukee” or “Goldfinch Media”), with its offices located at 8527 University Blvd, Suite 7, Clive, IA 50325, and “you” meaning the Advertiser, with your offices located at230 Hickman Rd, Waukee, IA 50263 (City of Waukee), on the following terms and conditions. The Advertiser agrees to 6 sequential Advertorial ad insertions in myWaukee Magazine, at a rate of $1200 per placement, beginning in January, 2020, for a total investment of $7,200 over the duration of this agreement. The Advertiser has the option to run up to 6 social media posts per 12 month period (2020) on the myWaukee Facebook page. Advertiser is responsible for providing content for posts. Special Notes: The City of Waukee will maintain the two-page placement immediately following the Table of Contents for as long as The City of Waukee chooses to advertise with myWaukee Magazine. Advertiser wishes to have additional proofing by Design Director during layout phase of magazine production. Conditions A. The rates to be charged by Goldfinch Media 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 revision, The Advertiser may by written notice to Goldfinch Media, terminate this contract on either (a) the effective date of such revision or (b) ten days after the Advertiser has received notice of such revisions, whichever is later, without liability for unused space and without short rate. Commissions, if any, shall be the obligation of the Advertiser and not Goldfich Media. 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 in cash or provide a credit card number for payment in advance until credit is established with Goldfinch Media. 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 anytime Goldfinch Media determines that the financial responsibility of the Advertiser is not satisfactory, Goldfinch Media can require cash, check or credit card payment in advance. A service charge of 21% 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, Goldfinch Media reserves the right to bill the Advertiser at the adjusted rate, according to the actual advertising space used. D. Goldfinch Media 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 Goldfinch Media so terminates the Agreement, the Advertiser, upon being billed by Goldfinch Media, 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 Goldfinch Media to approve this credit application and purchase agreement and in consideration of its doing so, we, the undersigned, do hereby jointly, severally and personally guarantee the above Individual Corporation or Partnership in Purchasers full performance of said Purchase Agreement and hereby agree to 11/25/2019 WP E-Signature by Approve Me - Sign Documents Using WordPress - https://mywaukee.com/e-signature-document/?invite=8daad1f3cf90059bbda385dd693ee8e064c074cc&csum=151fd91db35869848676332a8474b923…2/4 indemnify Goldfinch Media against all damages, loss, expense including attorney fees) and/or liability sustained by Goldfinch Media by reason of, or related to, the above Purchasers failure to perform of to pay when due, charges incurred in accordance with the above Agreement. The above Purchase Agreement may be modified by Goldfinch Media and the Purchaser executing same without notice to the undersigned and without affecting the Indemnity and Guarantee. Goldfinch Media may enforce this Agreement against the undersigned or any of the, jointly or severally, whether or not any action is ever taken by it against the above named Purchaser. F. No specified page or position is guaranteed (unless noted in paragraph 1). G. The Advertiser shall defend and Indemnify Goldfinch Media against any claim or liability established against Goldfinch Media 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 Goldfinch Media, who reserves the option to insert above or below any copy the word “advertisement.” If no space is available, Goldfinch Media shall be relieved of all obligations to publish, and of all liability for failure to publish, such advertisement. All approved copy shall be published at the date specified by the Advertiser. The liability of Goldfinch Media for failure to publish an advertisement in the issue specified shall be limited to publishing the advertisement in subsequent issue. H. Goldfinch Media 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 Goldfinch Media 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 error bears to the whole space occupied by such advertisement, whichever Goldfinch Media elects. I. Every attempt will be made by Goldfinch Media 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. The Advertiser agrees that damages for errors in any advertisement is limited to rerunning the corrected ad is a subsequent edition, no refunds or credits shall be given. The Advertiser further agrees that there shall be no incidental or consequential damages for any errors or mistakes in any advertisement. J. All disputes shall be resolved exclusively by arbitration to be held in Polk County Iowa and The Advertiser shall waive all right to any claim in state or federal court. Arbitration shall be pursuant to Iowa Code Section 679A and rules of the American Arbitration Association. K. This contract is governed exclusively under Iowa law. L. Should any part of this contract be invalid by any arbitrator the remainder of the contract shall remain in full force. Written by: Jason McArtor on December 5, 2018. Leave this empty: Summer Evans Jason McArtor (Awaiting Signature)