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Home My WebLink About1992-12-28 93-85 ORDERCOUNCIL ACTION Item No. 9345 Date December 28. 1992 Item/Subject: Authorizing Execution of Advertising Contract -- The Bus Responsible Department: Legal See attached Memorandum to Municipal Operations Committee. The Municipal Operations Crnmzittee will consider this request on December 22, 1992. Department Manager's Comments: �aw , dCity l LkA°�' Associated Information: Memorandum, Proposed Contract Budget Approval: Finance Director Legal Approval: - *`t City Sol'c'tor Introduced for E Passage First Reading Referral Page I of 6 93-85 Aeeiymed to Commilm Soucy, December 28, 1992 r9 CITY OF BANGOR QM) f®rberr.... Authorizing Execution of Advertising Contract ........ ...... ..... -- THE BUS By aw C41coumo of W Coy of Na"sor ORDERED, MT the City's Purchasing Agent is authorized to execute an Advertising Contract with any advertiser who wishes to purchase moving billboards on THE BUS. Said Advertising _ Contract shall be is a form acceptable to the City Solicitor. 93-85 ORDER IN CITY COUNCIL December 38, 1993 - Title, t Passed 9 AutM1axizly� Ex ....... .. .... LE Contract - BUS ..H ......�..p.n'.. µ.'..�...................... . eleeipnd to m Councilman MEMORANDUM 93'65 TO: Municipal Operami Committee FROM: Bruce N. Shible K;s1st. City Solicitor RE: TEE BUS Advertising Contract Date: December 16, 1992 Pursuant.to C.O. Y92-316, the City manager was authorized to execute a contract with Marketing, Media A Wellman to provide an advertising program for THE BUS. The Finance Committee had recommended this course of action and had directed that thi mar eting plan for mho adveaising program be reviewed by this Committee. This Committee approved the marketing plan at its meeting on October 6, 1992. Au integral part of the plan is the contracting for advertising space on the buses of THE BUS. A form Advertising Contract has been developed by staff. A copy is attached for your information. This Advertising Contract would be executed between the City and every advertiser who wishes to purchase moving billboards on THE BUS. At this point, Committee and Council approval is reau£red to authorize the City's Purchasing Agent, Dave Pellegrino, to execute individual Advertising Contracts on behalf of the City and THE BUS with advertisers wishing to advertise with THE BUS. A proposed Council Order is attached for your consideration. Your approval to this action is requested. to Attachments pc: Bob Farrar - Dave Pellegrino Joe McNeil Erik Stumpfel Nark T. Wellmsn 93-85 PROPOSED ADVERTISING CONTRACT Recitals WHEREAS, the City of BANGOR, a municipal corporation organized under the laws of main, operates a public transportation system called THE BUS; and WHEREAS, THE BUS travels on specifiedroutes throughout BANGOR and certain of its surrounding communities; and WHEREAS, THE BUS offers a platform for moving billboards which may be utilized by the Greater BANGOR community for the purpose of advertising goods, services, special events and for other advertising needs; and WHEREAS Chereinafter -Advertiser"] is desirous of contracting for advertising space on buses operated by THE BUS; NOW, THEREFORE, THE BUS and Advertiser enter into 199 s Advertising Contract on this day of —' subject to the Terms and Conditions listed below. Terms and Conditions 1. This Advertising Contract covers the period from 199_ to 199- 2. Advertiser will be entitled to have ( ) moving billboards carried by THE BUS pursuant to this Advertising Contract. Advertiser agrees to pay for this advertising based upon. the following rates and specifications: - Hoving Billboard Type: GRID $: #of Moving Billboards: - Cost per Novi g Billboard per month: monthly Payment: Route and Position (applicable to GRID #2 rates only): 3. Payment of $ is due on the 15th day of the month prior to the beginning of each advertising month. 4. The text, illustrations and material used for the moving billboards shall be subject to prior approval by THE BUS Superintendent and the Director of Administration, and that decision shall be reviewable by the Municipal Operations Committee upon the written request of Advertiser. The written regUiestmu Page Two 93-85 t of the be received by the Committee within 5 days of receipt decision and the issue will be revised at the following Committee meeting. The decision of the Committee e will be final. 5. Advertiser is responsible for the costs of the moving billboards. THE BUS will mount and maintain frames for the moving billboards. Advertiser will be billed directly by THE BUS for any extraordinary maintenance costs. Advertiser agrees to pay such extraordinary maintenance costs within ten (10) days of receipt of the bill. Extraordinary maintenance costs include, but are not limited to, all costs not associatedw'th the regular cleaning and washing of each bus in the fleet, and the costs for any additional maintenance requested in writing by Advertiser. 6. Advertisers purchasing three (3) moving billboards or more will be afforded the opportunity to distribute sales. Promoticd coupons through the Downtown Station of THE BUS and on each bus which carries their moving billboards. Advertiser will be charged, and agrees to pay, the prevailing rate for the opportunity to distribute such coupons. Advertiser agrees to pay such coupon distribution costs within ten (10) days of receipt of the bill. Coupon distribution rates are listed on the Rate Card, and are subject to change on a monthly basis. 7, No tobacco or alcoholic beverage advertising will be accepted. 8. GRID kl rates represent the lowest rate per moving billboard for purchasing moving billboard space on THE BUS. Advertiser Understands and agrees that moving billboards contracted at GRID $prates may be moved to a different bus or route at any time to allow for the placement of a GRID R2 contracted moving billbomovingabillboards on anysbus£er at tthheartiser discretiondof placement Of 9. GRID $2 rates provide Advertiser with specific moving billboard placements as available per bus and route. GRID t2 advertisers may request specific bus routes and locations of moving billboards on THE BUS which, if available at the time of the request, will be used exclusively by said Advertiser so long as this Advertising 'Contract remains in effect. 10. Should Advertiser's moving billboards be damaged, defaced, mutilated or spoiled by reason of natural causes, normal wear and tear, theft or any other cause, replace ent nthseriout liability billboards shall be furnished by Advertiser, or expense on the part of THE BUS. THE BUS Superintendent reserves the right to demand, at its sole discretion, that Advertiser replace or remove any moving billboard that interferes with the operation of THE BUS or that is defaced, mutilated, damages, spoiled or is otherwise unsuited for its intended advertising purpose. Page Three p93-85 11. any rate changes, with the exception of coupon distribution rates, that may occur will not affect this Advertiaing Contract. Nate changes will affect renewal advertising Contracts and new Advertising Contracts. 12. in the event that moving billboards ldoTnnootBappea cr as contracted through the fault of THE BUS pe liable only for reimbursement of the actual coat of moving 1 billboard space purchased. 13. THE BUS xeaervea the right to cancel this Advertising Contract at any time, upon giving ten (10) days written notice, sent to Advertiser's address Delow. In the event to rated basis termination, Advertiser shall be reimbursed on a p for the unexpired portion of its rates for which payment to THE BUS has previously been made - 14 * ade.14. Any correspondence between Advertiser and THE BUS shall be sent to the addresses listed below: Advertiser: THE BUS: Telephone No .: Telephone No 15. All payments due under this sherestcheck Contpayabract to are to be made by check, money order, or THE BUS. 16. Shouldany provision of this Ad rttia oompeteract be declared invalid or unconstitutional by a nt jurisdiction, said ruling shall not affect the validity of the remaining -provisions of this Advertising Contract. Advertiser printed Name: Title: Page Four 93-85 THE BUS David N. Pellegrino Title Purchasina Avant STATE OF MAINE Penobscot, as. 1993 Then personally appeared the above-named and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said Advertiser. Before me, Notary Public/Attorney-at-Law Printed Name: STATE OF MAINE Penobscot, as. 0 1993 Then personally appeared the above-named David N. Pellegrino, and acknowledged the Foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. 'Before me, - - Notary Public/Attorney-at-Law Printed Name: