CM-2017-1440 - 7/21/2017Ausllnl�' Dela; 6!2212017
7020 US Hwy 290 East L Now/Renewal; NEW
Austin, TX 70723
Phone: 512-451-1845 CONTRACT # 2824160
Fax: 612.461-6045
Cuallorrlor#
CONTRACTED DIRECTLY
8155411-D
Name
CITY OF ROUND ROCK
Address
221 E MAIN ST
City/StatelZlp
ROUND ROCK, TX 78684
Contact
WILL HAMPTON
Emall Address
whamplon@roundrocklexes.gov
Phone #
512) 21 a-5400
Fax #
P.0.1 Reference #
AdvarllserlProduct
CITY OF ROUND ROCK
Campaign
Metro
# of Panels: 1 Billing Cycle: Monthly
Panel # Morkol Location Ilium Medla Size Mleo Sorvico Daloa 4 Blliing Invost Por Cost
TAB ID T a Parloda Period
16101 288•ROUND ROCK, W/81-358/01326 Yes Digital 14' 0' x 48' 0" 08/14/17-09125117 1 $3,000.00 $3,0OQ00
30720026 TX a,nr�u
Total Space Coals: 33,000.00
Special Considerations:
Advertiser autharizea and Instructs The Lamar Companies (Lamar) to display In good and workmanlike munner, and to maintain for the terms Oct forth above, outdoor advotilsing
displays deacribod above or on the attached list. In consideration thereof, Advortisor agrees to pay Lamer oil contraGed amounts within thirty (30) days after the dale of billing.
Advertiser acknowledges and agrees to be bound by the terms and condlllons on all pages of Ihls contract.
The Agency representing this Advorileer In the contract excouloa this contract as an The undersigned reprosenlellve or agent of Advertiser hereby warrents to Lamar that
agent for a disclosed principal, but hereby expressty agrees to be liable Jointly and he/sho Is the
eovorslly and In solldo with Advertiser for the full and faithful performance of
Adverilser's obligations hereunder. Agency walves notice of default and conaonls to OHlcorrrille
all extensions of payment, of the Advertiser and Is authorized to execute this contract on behalf of the Advertiser.
Customer CITY OF ROUND ROCK
Signature: V r a6 C. `-c ,
(signature above)
Name:%,
(print name above)
Dole:
(date above)
-1E LAMAR COMPANIES This contract Is NOT BINDING UNTIL ACCEPTED by a Lamer General Menagor,
:COUNT EXECUTIVEGEN RAL MANAGER DATE
STANDARD CONDITIONS
1, Late Artwork: The Advertiser must provide or approve art work, materials and Installation Instructions ten (10) days prior to the Initial Service Date. In the
case of default In furnishing or approval of art work by Advertiser, billing will occur on the Initial Service Dole.
INITIALS IIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIiIIIIIIIIIIIIIIIIIII((IIIIIIIIIIIIIIIIII) III(IIIIIIII Pago1 of
Austin Date: 6/22/2017
7020 US Hwy 290 East New/Renewal: NEW
Austin, 512--4551-1- 1945
4
Phone: 51CONTRACT # 2824160
Fax: 512.451.4445
2. Copyrlghtffrademark: 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 arising out of the character
contents or subject matter of any copy displayed or produced pursuant to this contract,
3. Payment Terms: Lamar will, from time to time at Intervals following commencement of service, bill Advertiser at the address on the face hereof. Advertiser
will pay Lamar within thirty (30) days after the dale of invoice. If Advertiser falls to pay any invoice when it is due, In addition to amounts payable thereunder,
Advertiser will promptly reimburse collection costs, including reasonable attorney's fees plus a monthly service charge at the rate of 1.5% of the outstanding
balance of the invoice to the extent permitted by applicable law. Delinquent payment will be considered a breach of this contract. Payments will be applied as
designated by the Advertiser; non designated payments will be applied to the oldest Invoices outstanding.
4. Service Interruptions: If Lamar 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 plckeling, 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, Including buses In repair, 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. In the case of Illumination, should there be more than a 50% loss of Illumination, a 20% pro -rate credit based on four week billing
will be given. If this contract requires Illumination, It will be provided from dusk until 11:OOp.m. Lamar may discharge this credit, at Its option, by furnishing
advertising service on substitute space, 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 data. The substituted or extended service shall be of a value equal to the amount of such credit,
5. Entire Agreement: 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 or any provision shall not constitute a waiver of any other breach of
that provision or any other provision.
6. Copy Acceptance: Lamar reserves the right to determine if copy and design are In good taste and within the moral standards of the individual communities
in which It Is to be displayed. Lamar reserves the right to reject or remove any copy either before or after Installation, including Immediate termination of this
contract.
7. Termination: All contracts are non -cancellable by Advertiser without the written consent of Lamar. Breach of any provisions contained In this contract may
result In cancellation of this contract by Lamar.
8. Matedals/Storage: Production materials will be held at customer's written request. Storage fees may apply.
9. Installation Lead Time: A leeway of five (5) working days from the Initial Service Date is required to complete the Installation of all non -digital displays.
10. Customer Provided Production: The Advertiser Is responsible for producing and shipping copy production. Advertiser Is responsible for all space costs
involved In the event production does not reach Lamar by the established Service Dates. These materials must be produced In compliance with Lamar
production specifications and must come with a 60 day warranty against fading and tearing.
11. Bulletin Enhancements: Cutouts/extensions, where allowed, are limited In size to 5 feet above, and 2 feet to the sides and 1 foot below normal display
area. The basic fabrication charge is for a maximum 12 months.
12. Assignment: Advertiser shall not sublet, resell, transfer, donate or assign any advertising space without the prior written consent of Lamar
13, Digital Provisions: Lamar will strive to provide Advertisers with 100% of the time they contract. However, due to problems with power Interruptions,
emergency governmental warnings (e.g. Amber Alerts) or other unforeseen interruptions, Lamar is guaranteaing copy will be displayed an average of 92.5%
of the lime contracted. If a location should be lost during the period of display for any reason, a digital location of equal advertising value will be substituted or
credit Issued for the loss of service. For purposes of determining whether a credit Is due, the average number of guaranteed impressions per day will be
measured over the duration of the contract, e.g., during a four week contract, the available Impressions during the entire four week term of the contract will be
calculated and 92.5% of that number will be used as the basis to determine whether a credit Is due the Advertiser, If Lamar has provided 92.5% or greater of
available Impressions, then no credit will be due.
INITIALS 1111111111111111111111111111111111111 HIM 11111111 [1111111111111111 IN 11111111 IN III I I Page 2 of 3
Austin Dale: 6/22/2017
7020 US Hwy 290 East New/Renewal. NEW
Austin, 51 CONTRACT # 2824160
Phone: 512-451--451- 1945
Fax: 512.451-6645
14. Customer Supplied Content (ISpots) License and Indemnity Agreement
Copyright/Trademark: Advertiser warrants [hat all approved designs do not Infringe upon any trademark or copyright, slate 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 arising out of the
character, contents or subject matter of any copy displayed or produced pursuant to this contract.
14(a) - Customer Supplied Content - When Advertiser desires to purchase digital advertising from Lamar featuring Images, photographs, graphics, text, data,
or other such media ('Customer Supplied Content (CSC)") that will be provided by Advertiser, some of which may be owned and/or provided, directly or
Indirectly, by a third party (hereinafter "Third Party Customer Supplied Content or Third Party CSC"):
(i) the Advertiser shall be solely responsible to ensure the appropriateness and Inoffensive or otherwise Innocuous nature of the CSC or Third Party CSC.
(il) Advertiser acknowledges that Advertiser Is solely responsible for acquiring, licensing, and/or purchasing any Third Party CSC and/or has the authority to
use and to license CSC and Third Party CSC.
(til) Advertiser warrants that the CSC and/or Third Party CSC will comply with all applicable local, state and federal laws and regulations.
(Iv) Advertiser shall be solely responsible for the truthfulness, accuracy, integrity, and lawfulness of the CSC and/or Third Party CSC.
(v) Advertiser shall defend, cover, Indemnlfy and hold Lamar harmless for all loss, expense or damages, of whatever nature, which may be Incurred by Lamar
as a result of any claims or actions In connection with Lamar's or Lamar's affiliates and subsidiaries for use of the CSC or Third Party CSC. Claims or Actions
shall specifically Include but not be limited to the CSC's or Third Party CSC's public appropriateness. The foregoing duly to defend, cover and Indemnify shall
Include, without limitation, a duty to pay any attorneys' fees and other costs of defense Incurred by Lamar and Its affiliates or subsidiaries.
(vi) Advertiser hereby grants to Lamar a paid up, non-exclusive, royalty -free license to use, reproduce, display, perform and modify the CSC and Third Party
CSC, on Its digital displays or to adapt the CSC and Third Party CSC for such use. The license granted herein Includes the right to prepare works which may
be considered derivative works of the CSC and/or Third Party CSC or any Intellectual property contained therein. Additionally, Advertiser grants to Lamar
such trademark license rights as may be necessary for Lamar to use the CSC and Third Party CSC on Its digital displays.
INITIALS III 11111111 d III 111111111111111111111111111111111111111111111111111111111111111111111111111111Yflll Page ,,,
City of Round Rock
41 -ROUND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with Lamar Advertising Company for
purchase of a digital billboard signage for transit services.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/21/2017
Dept Director: Gary Hudder
Cost: $3,000.00
Indexes: General Fund
Attachments: Lamar Adverstising (00381705xA08F8) - Agreement.pdf
Department: Transportation Department
Text of Legislative File CM -2017-1440
Consider executing an Agreement with Lamar Advertising Company for purchase of a
digital billboard signage for transit services.
The new transit service launches on August 21, 2017. In partnership with the
Communications Department, a marketing plan has been established. A part of that
plan is advertising on the digital billboard on IH 35. Lamar requires a signed agreement
for advertising on the billboard.
Cost: $3000
Source of Funds: General fund
City of Round Rock Page 1 Printed on 712012017