AG 18-0661 1 RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT
2. ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ. BY: ASAP
4. TYPE OF DOCUMENT (CHECK ONE):
O CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
O CONTRACT AMENDMENT (AG#):
O OTHER
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
O MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
O SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
O RESOLUTION
X INTERLOCAL
owi'u0OIZ
5. PROJECT NAME: PRIMARY MEDIA 099R BULLETIN ADVERTISING
6. NAME OF CONTRACTOR: PRIMARY MEDIA
ADDRESS: 2511 BOLL STREET, DALLAS, TX 75204 TELEPHONE 214-880-0440
E-MAIL: FAX:
SIGNATURE NAME: MIKE RODGERS TITLE
7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0
ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: 05/01/2018 COMPLETION DATE: 06/30/2018
9. TOTAL $1,450 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED 0 YES 0 NO IF YES, $
O PURCHASING: PLEASE CHARGE TO:
PAID BY: 0 CONTRACTOR 0 CITY
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
O PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW -v' (' 1/313 r
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL / DATE SIGNED
❑ LAW DEPARTMENT
O SIGNATORY (MAYOR OR DIRECTOR)
' CITY CLERK ho c 6\ faltitv r(U OS -
• ASSIGNED
ASSIGNED AG# AG# J (6 -(j(c{p
❑ SIGNED COPY RETURNED DATE SENT: °5/ I �/ 8
COMMENTS:
PRIMARY MEDIA
CONTRACT FOR OUTDOOR ADVERTISING
2018-04-17 10:42:52 2991-0
Qty
CONTRACTED BY:
CUSTOMER#
ON BEHALF OF ADVERTISER:
CUSTOMER#
177379
Service
Dates
NAME
City of Federal Way
NAME
701A.1, Regular, 135 W/S, 200 ft S/O TMW Pkwy/Oak St, N/F, 1 Slot
ADDRESS
33325 8th Ave. South
ADDRESS
2
CITY/STATE/ZIP
Federal Way, WA 98003
CITY/STATE/ZIP
CONTACT
Raymond Bunk
CONTACT
EMAIL ADDRESS
raymond.bunk@cityoffederalway.com
EMAIL ADDRESS
PHONE #
253 835 7000 ,J
PHONE #
P.O.#
ADVRTSR
City of Federal Way
Qty
Product Description
Market
Illum
Size
Term
in
Months
Service
Dates
Production
Rate per
Period
1
701A.1, Regular, 135 W/S, 200 ft S/O TMW Pkwy/Oak St, N/F, 1 Slot
DFW
Yes
14' x 48'
2
05/01/2018 - 06/30/2018
0.00
725.00
Amount Per Period
Production (Contract)
(Net)
TOTAL
$725.00
0.00
Notes:
60 Showings Per Hour/1440 Per Day
Free Artwork Design & Endless Changes
*M prices are rates per month period based on a 2 month
contract.
Agency/Advertiser hereby contracts for the outdoor advertising services described above upon the terms set forth above AND ON PAGE 2 OF 2. Contracts transmitted to Primary Media via fax
machines are to be treated as original contracts and are subject to the terms and conditions on the second page. This contract must be signed by both Agency or Advertiser and Primary Media
to be effective. This contract is non -cancelable by agency/advertiser.
Advertiser:
Signature: Signature:
Printed Name: Date: ! Printed Name: Date:
1 Agency:
Primary Media, LLC
Signature:
Name:
Date:
FOR INTERNAL USE: (C)
A/E Name / No.
Mike Rodgers
2511 Boll Street
Dallas, TX 75204
Ph#: 214-880-0440
Selling Branch Address
'Primary Media
2511 Boll Street
Dallas, TX 75204
Ph#: 214-880-0440 Fax#: 214-953-2205
CONTRACT FOR OUTDOOR BULLETIN ADVERTISING STANDARD TERMS
1.0 ADVERTISER: As indicated on page one
2.0 AUTHORIZATION: The above identified actual advertiser, together with advertiser authorized advertising agency, or media buyer, if any (hereinafter referred to jointly and severally as
the Advertiser), hereby authorizes and contracts with Primary Media Outdoor Advertising. (whether as owner or as agent for the owner, hereinafter referred to as Sign Owner) to post, paint,
or install when required, and to maintain, the following listed displays in accordance with copy provided or approved by the Advertiser.
3.0 TERM: Advertising space is sold in 4 week periods.
3.1 Annual contracts are billed over (13) thirteen (4) four week periods'.
3.2 The tern of this contract is indicated in the Duration section on page one, beginning on the comrnencement date of the contract. This contract is non -cancelable by the Advertiser or the
Advertiser's representative. Notice of nonrenewal must be received at least 90 days prior to the anniversary date of the contract. Account must be current and maintain current status through
the end of the term of the contract or the nonrenewal will be considered null and void.
3.3 "Roll over" space may incur a 15% additional charge until renewed to current contract.
3.4 Advertising space, production and installation charges are billed and payable at the execution of this contract.
4.0 RENTAL: Advertiser agrees to pay in its entirety, the period unit Charge in advance for the first and last period of the contract. Recurring invoices will be paid within 10 Days of the date
of the invoice unless otherwise stated. The final period is a security deposit and shall be applied to the last period of advertising. Payment is due upon execution of this contract. This
agreement is not considered accepted until first and last periods rent and all original production and installation charges are paid in full to Primary Media Outdoor Advertising, and approved
by Managing Partner. All advertising is posted. printed or installed for the benefit of both the agency and the advertiser, and each is jointly and severally liable for the rental and all charges.
4.1 Period payment is accepted in the form of recurring credit card or bank account debit and will continue through the duration of the contract and additional periods billed. Advertiser may
request a line of credit by completing a Primary Media credit application; the acceptance of the agreement is pending approval of the credit application.
4.2 Dual Responsibility: Billing directed to the advertising agency or media buyer at the net rate is approved on condition that the advertiser accept "dual responsibility" for payment if the
agency does not remit within 90 days.
5.0 TERMINATION BY SIGN OWNER: If at any time Sign Owner is prevented by reason of events beyond the control of Sign Owner, from construction and/or maintaining its structure, or
if Sign Owner, for any reason, loses his ground lease, this contract shall terminate at the option of Sign Owner, and Sign Owner agrees to return any unused prepaid rentals.
6.0 Obligations of the Company
6.1 All approved advertising material, art or copy, will be posted or installed and maintained.
6.2 Primary Media Outdoor Advertising may reject any advertising material, art or copy. submitted by Agency for any reason. In addition, Primary Media Outdoor Advertising may require
advertising material, art or copy to be removed at anytime once posted.
6.3 Primary Media Outdoor Advertising retains exclusive control of the painting and posting of the displays and the bulletin.
PRODUCTION TERMS AND CONDITIONS:
7.0 DELIVERY OF COPY: Advertiser will deliver copy to Primary Media Outdoor Advertising's place of business, charges prepaid, at least ten (10) days prior to desired posting date.
Primary Media Outdoor Advertising is not responsible for any delays in printing or posting due to delays in design, weather conditions, or other events beyond the control of Primary Media
Outdoor Advertising. No credit is given for such delays. Advertising contracts begin on date shown on page one (1) of the contract.
7.1 Advertiser understands and agrees that in order for artwork to be created, Primary Media Outdoor Advertising, may at its sole discretion require client to provide to Primary Media
Outdoor Advertising high resolution photos, logos, and or other materials needed to complete artwork. Any high resolution photos or images provided by Primary Media for the clients
design will be charged to client at cost. Upon the request of the client, Primary Media will design original logos or recreate logos at a cost of $125.00 per hour for graphic design. Any delay
in completion of artwork and/or installation of creative to the billboard due to lack of materials is at the sole expense of the client. Primary Media Outdoor Advertising bares no liability for
lack of completion of billboard creative.
7.2 All original ideas and artwork created by the Primary Media Art Department are the property of Primary Media Outdoor Advertising and may be used for the sole purpose of advertising
on billboard structures owned by Primary Media Outdoor Advertising. Advertiser does not own any rights to artwork created, and may not use it in any other manner in whole or in part,
without written permission from Primary Media Outdoor Advertising.
7.3 All design, paint, production, and installation will be paid by the advertiser unless otherwise stated in the Production and/or notes section of the contract G $2.85/net per SQFT. Faces:
All cutout/snipe/extension charges will be paid by the Advertiser at the rate of $39/net per square foot.
7.4 An artwork Package includes one original design and up to (2) TWO ROUNDS OF ARTWORK REVISIONS of that original design before the artwork goes to print. If additional
revisions are requested after (2) two rounds of revisions are completed the client will be charged an additional fee of 5125.00 per hour for graphic design.
7.5 A minimum charge of 5500 is required for any artwork produced or processed by Primary Media Outdoor Advertising.
8.0 DEFAULT: The following events shall be deemed events of default by Advertiser under this lease.
8.1 Advertiser shall fail to pay any installment of rent or additional charges on the date the same is due, in which event Advertiser shall pay a late charge of the highest interest permissible by
law of such overdue amount in addition to the overdue amount. Failure of Advertiser to pay such late charges shall also be an event of default. If advertiser is past due two (2) times within a
rolling twelve (12) month period, Primary Media Outdoor Advertising may automatically increase any and all of the unit charges by (20%) per "4 week period". This adjusted rate will
remain in effect until the account is brought current for two (2) consecutive "4 week billing periods". After which time the "4 week billing period" rate will revert to your contracted amount.
8.2 Failure of Advertiser to perform any term, condition, covenant or agreement of this lease, Including the payment of rents or additional charges. In the event that Advertiser defaults in any
of his or her obligations here under, Primary Media Outdoor Advertising declares the balance of the rentals due and payable as liquidated damages, not as penalty, and may cancel the
remainder of this lease. Upon notice of such acceleration of rental installments, Advertiser shall immediately pay the balance of such rent, in addition to any unpaid costs related to vinyl
print and installation at of rate of $2.85 per sq ft. If, as a result of Advertiser default, Sign Owner retains an attorney to enforce his rights hereunder, Advertiser shall pay Primary Media
Outdoor Advertising the amount of such reasonable attorney fees, and or collection agency fees. The laws of the State of Texas shall govern this Agreement, and mandatory venue is hereby
agreed to be in Dallas County, Texas and Advertiser waives any rights conferred by CPRC 15.082 and/or 15.092 and hereby agrees to Dallas County venue for all litigation hereunder.
9.0 ASSIGNMENT: This lease shall inure to the benefit of and be binding upon the parties hereto and to their respective tenants, heirs, successors, personal representatives, executors,
administrators, and assigns.
10.0 AUTHORITY: Primary Media Outdoor Advertising represents that it is the owner or agent for the owner of the sign described on page one (1) and Primary Media Outdoor Advertising
has the authority to make this contract agreement.
10.1 Advertiser, by signing below hereby personally guarantees payment of the Total Value of this contract.
Miscellaneous:
If a bulletin location specified in this contract is no longer available due to a loss of the structure or the loss of or the inability to use the structure for any reason. Primary Media Outdoor
Advertising may substitute location of advertisement with one of approximately equal advertising value. In that case, the term of this contract will be extended after the expiration date of this
contract for a period equal to the time during which the advertising material, art or copy was not on display.
It is the responsibility of the advertiser to monitor and inform, in writing via email or fax, Primary Media Outdoor Advertising of illumination problems. No discount is given for lack of
illumination.
Primary Media may at its sole discretion cancel this contract upon notice.
Periodic rents are billed in advance every four weeks from the contract start date, also known as the anniversary date. Invoice notification is created ten days prior to the period start date.
Payment is due by the period start date.
Verification of advertising may be provided via "Proof of Performance" Digital image delivered by email upon request, at no charge. Hard copies may be produced upon request at a charge
of S69 per POP. Any alterations, additions, or deletions to the Terns & Conditions of this contract shalt be initialed by both parties in order to be considered excepted and agreed upon. It is
also expressly agreed that Primary Media shall not be bound by any stipulations, representations, or agreements not embodied in this contract.
Invoices will be sent via email. Hard copies are available by US mail for 59.95 per period at clients written request.
6/10/16 Primary Media Outdoor Advertising
Accepted (initial): •V...N.,