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Signed Contract_Dubuque Main Street / Jule Bus Advertising Contract 2019-2021 Copyrighted May 20, 2019 City of Dubuque Consent Items # 25. ITEM TITLE: Signed Contract(s) SUMMARY: Dubuque Main StreetAdvertising Contractwith Jule Transit for2019-2021. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Dubuque Main Street- JuleAdvertising Contract Supporting Documentation 9 �, a�b��u� n THE CITY�F Transportation Services Department � p��.�a� 950 Elm Street � �� '��"`<�Y„�".� Dubuque,IA 52001 I� ��g Office(563)589-4341 � www.cityofdubuque.org .M�sterpiece an the Mississippi 2oo7•zo�z I, 2013•2017 p I TO: Michael C. Van Milligen, City Manager I �,,-., FROM: Renee Tyler, Director of Transportation Services , ''��f I; . '�.�' � SllBJECT: Dubuque Main Street � Jule Advertiseng Contract ° LL° � DATE: May 9, 2019 ;i �.. i Purpose !, Advertising contract for Dubuque Main Street Back round 'Ili 9 � Bus advertising is a great for our community. It enables stakeholders and partners to I advertise their services to our resdients and vistors. � i� � Discussion '' Dubuque Main Street is a not for profit 501 (c) 3 organization dedicated to the ; development and ongoing support of downtown a� the place to live, work & play. The i organization serves eight downtown districts, '� ;; i Budget Impact � Dubuque Main Street is a not for profit agency. The agency proposes an 18 month full height advertising campaign on the driver's side. Their not or profit status allows a 25% I'�i discount on advertising. � � The total for a driver's side ad for 18 months is $3,756.50 � � Action Required � Present as a consent item for approval during the May 20t" meeting. � Cc: Jenny Larson, Budget Director Russ Stecklien, Transportation Service Debra Gillies, Tranportation Service � � attachment i CITY OF DUBUQUE ADVERTISING CONTRACT �� li Type: NeW Term: �months Start Date: 5/17/2019 End Date: ��/"�'�� i � �� ii Ii Advertiser Information ,� Customer Business Name Dubuque Main Street '; I; ; Contact Name: Dan LoBianco j� Address: 1069 Main Street � Dubu ue IA 52001 � City: q State: Zip: I Email: office@dubuquemainstree� Phone: 563-588-4400 i Decal Description I I Number of Buses: Bus Number: � Bus Size: Medium Duty Ad Space: Full Height- Driver Side C I; � �� Bus Number: Bus Size: Ad Space: ,; Bus Number: Bus Size: Ad Space: 1 ; Bus Number: Bus Size: Ad Space: � i Final design files must be provided to City staff for review in EPS and PDF format thirty (30) days prior '; to contract start date. 'i '� Billing Frequency: Quarterly (�'�, r�� Billing Amount: � 3,756.50 ; 'I Production Cost paid to McCullough Creative Group: `i ; Advertiser authorizes and instructs the City of Dubuque to display in a good manner, and to maintain { for the terms set forth, bus advertising displays described above or on the attached exhibit. In , consideration thereof, Advertiser agrees to pay the City of Dubuque all Contract amounts within thirty (30) days after the date of billing. Advertiser acknowledges and agrees to be bound by the terms and �j conditions contained in this Contract. The undersigned representative or agent of Advertiser hereby warrants to The Jule Transit that he/she � is the representative of the Advertiser and is authorized to execute this Contract on behalf of Advertiser. � � �'"��.__ Date 5/8/2019 Customer/Advertiser Signature ��, ��v� �1�;�� .ti ��e...� �..,� Customer/Advertiser(Please print) � Additional Terms and Conditions . � �� , � 1. Trademark and Copvriqht. Advertiser warrants that all approved designs do not infringe upon any trademark or copyright. Advertiser agrees to defend, indemnify and hold the City of Dubuque, its officers and employees 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 Contracf. i � i 2. Standards and Laws. All advertisements shall conform to recognized business standards, and I shall not conflict with the laws of the United States, the state of lowa and the City of Dubuque. Graphics, j artwork, and copies of advertisements are expected to be of high quality. II ,,� 3. Pavment. Design and production costs and the first monthly payment are due at the time of the ; signed contract. Upon completion and installation of initial decals, an invoice for payment will be sent ';i to Advertiser. Upon Advertiser's request, a report of the posting will be sent with the initial invoice. Each i invoice will cover the billing period following commencement of posting.All prorated invoices and credits 1 will be computed on the basis of a four-week billing period. �; j� 4. Force Maieure. If the City is prevented from posting or maintaining any of the spaces by causes '� beyond its control of whatever nature, including but not 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 the City is ' unable to deliver any portion of the service required in this Contract, including maintenance, this '� Contract shall not terminate. Credit shall be allowed to Advertiser at the standard rates of City for such �� space or service for the period that such space or service shall not be furnished or shall be discontinued I% or suspended. The City 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. ,j 5. City's Removal of Bus frort� Service. If the City elects to remove a bus from service rather than { repair the bus during the term of this Agreement, and the City replaces that bus with a new bus in the � fleet, City will pay the cost of producing a replacement decal for the new bus for the remainder of the term of this Agreement. Illi i 6. City's Repair Covered by Insurance. If the bus sustains damage that hurts or destroys the decal, �i and the City elects to repair the bus, as long as the City's insurance covers repairs to the bus and the ��; decal, the City will use its insurance coverage to repair or replace the decal during the term of this '� Agreement. ' � 7. Faultv Desiqn, Manufacture, or Other Defect not Covered by Insurance. If the decal requires �q replacement due to faulty design, manufacture, or other defect that is no fault of the City, then the �� Advertiser will be responsible for the cost of replacing or repairing the decal for the term of this �' Agreement. f 8. Termination. The City reserves the right to terminate this Contract for convenience upon ninety (90) days written notice, by certified mail, to Advertiser should the City elect to discontinue advertising on all or part of the City's fleet. All advertising displays at the time of the Contract termination will � continue to remain in place through the expiration of the terms of the applicable contract. � - g 9. Advertiser Default. Upon default in the payment of the Contract indebtedness or any part thereof, � as the same shall become due and payable, the entire amount of the indebtedness contracted for � herein shall be matured and shall be due and payable immediately, at the option of the City, and unless � 2 ' � � � � i same is promptly paid, the City may, at its option, discontinue without notice the advertising contracted for herein: provided, however, that such discontinuance shall not relieve the Advertiser of the contract I'I indebtedness. All payments in arrears shall bear interest at the highest contract rate permitted by law, � not to exceed 1.5% per month. In addition, Advertiser shall pay the City all costs and expenses of '� exercising its rights under this Contract, including reasonable attorney's fees and all reasonable collection agency fees. i 10. Citv Default. If the City defaults on any of its obligations under the Contract, or fails to terminate j the Contract in accordance with the procedures set forth herein, Advertiser will not be required to pay j City any further payments under the Contract. Additionally, City shall pay to Advertiser all costs and i� expenses of exercising its rights under this Contract, including reasonable attorney's fees. '�l This Contract constitutes the entire agreement between the City and Advertiser. Neither party shall be ',� bound by any stipulations, conditions, or agreements not set forth in this Contract. Waiver by either �; party of any breach of any provision shall not constitute a waiver of any other breach of that provision ii or any other provision. ��; I This Contract is governed by the laws of the State of lowa. Any disputes arising from this Contract will I�li be settled by arbitration before an arbitrator mutually agreed upon by the City and Advertiser. Il�li ', ADVERTISER CITY OF DUBUQUE, IOWA _ � D �--"�'``' � � il�i By: c2-�, � B : :i Y Printed Nam��.� �, �°�r �'�, � Printed Name: fVlichael C. Van Milligen '� � ,-� � Title: 1�;��.,.y��-�,Jc� � °��'� Title: City Manager � ii Dated: ,�� Dated: � �' � f I, � ,,; � I ,, ii �; �i J � i � fl � � � � tl +, 3 � � a � � � �