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4.9. SR 05-06-2013 �i EOty lk REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 4.9 AGENDA SECTION MEETING DATE PREPARED BY Consent May 6, 2013 Steve Benoit,Recreation Manager ITEM DESCRIPTION REVIEWED By Summer Concert Series Billboard Michael Hecker, Parks and Recreation Director REVIEWED BY Cal Portner, City Administrator ACTION REQUESTED Approve by motion a billboard contract with Lamar Companies to promote the Summer Concert Series. BACKGROUND/DISCUSSION Per the sponsorship agreement between the City of Elk River and the Bank of Elk River for the Summer Concert Series,promotion includes a billboard promoting the concerts and the sponsor. The billboard will be located on Highway 10 and will run from May 27 through August 18. FINANCIAL IMPACT Total cost is $1,052 to come out of the Recreation Marketing Budget. ATTACHMENTS • Bank of Elk River Sponsorship Agreement • Lamar Companies Contract P0WIHEU a N:APublic Bodies\Agenda Packets\05-06-2013\4.9 sr Bank ER sponsorship BillboardX£docs [NA T-- UR L ElkMEMORANDUM River TO: Bank of Elk River FROM: Michael Hecker, Parks and Recreation Director DATE: October 11, 2012 SUBJECT: 2013 Sponsorship Program The Elk River Parks and Recreation Department wishes to thank the Bank of Elk River for their support of our Community Events program. The partnership The Bank of Elk River and the City of Elk River's Parks and Recreation Department has had over the past few years has brought the Elk River community together to share family fun activities that enhance the quality of life in Elk River. One such activity, the Riverfront Concert Series, has not only brought benefit to the community but has become an Elk River tradition. In looking ahead to 2013,we would like to request the continuation of the Bank of Elk River sponsorship in the amount of$14,000. The 2013 sponsorship package includes the following benefits: 1. Sole corporate sponsor of the Riverfront Concert Series, Kidstock, Chalk It Up, and the Elk River Farmers'Market. 2. Participating sponsor of all other Parks and Recreation managed community events, such as Fright Night and the Hillside Single Track Attack Mountain Bike State Race. 3. A dedication plaque recognizing The Bank of Elk River for their support the Riverfront Concert Series. This plaque will be placed at Rivers Edge Commons Park. 4. Continuation of holding the Farmers Market in historic downtown Elk River. 5. The Bank of Elk River logo printed on youth league program t-shirts. Underneath the initial t-shirt design,it will state in small print Proud Sponsor that will be above The Bank of Elk River logo. 6. Enhancement of the geocaching program to increase participation and bring people to the Bank of Elk River. N:\Public Bodies\Agenda Packets\05-06-2013\4.9 at 1 Bank ER SponsoishipX.doc INAfURE1 7. The development of a marketing plan focusing on the Bank of Elk River sponsorship. The plan will be developed in conjunction with the Bank of Elk River staff to ensure all groups are informed of marketing methods being utilized. 8. Implement new marketing methods including a billboard, Facebook ads, and direct mail through City resources. 9. A Resolution accepting the donation will be held at a City Council meeting in early 2013. The Elk River Parks and Recreation Department looks forward to the continued collaboration between our organizations for the benefit of the Elk River Community. N:\Public Bodies\tlgenda Packets\05-06-2013\4.9 at 1 Bank ER SponsorshipX£doc THE AK7ASri& COMPANIES St. Cloud CONTRACT Date:4/30/2013 P.O. Box 865 New/Renewal:NEW St. Cloud MN 56302 PHONE: (320)253-3000 Contract No. 1944311 FAX: (320)253-3746 Customer Name: ELK RIVER PARKS AND RECREATION Advertiser: ELK RIVER PARKS AND RECREATION Street Address: Cust A/C#:584715-0 Nat'l/Local:LD Mailing Address:13065 ORONO PARKWAY Term:3,4 week flights Service Date:5/27/2013 City: ELK RIVER St: MN Zip:55330 Contact Person: RaeAnn Gardner Phone:(763)635-1152 Fax: Campaign: Reservation#602283 Email:rgardner @elkrivermn.gov Bulletins Seq # 1 Company#: 157 Investment Per$300.00 Market:ELK RIVER Market Code:597 Billing Period: Local AE: KMS8408-Kevin Springer Alt.AE: PO#: Design: Imprint: Daily GRPs:0 #Spaces:1 #Billing Invest Per Panel Market Location Size Ilium Service Dates Periods Billina Period 50034 ELK RIVER HWY 10 2 MI E/O CITY LIMITS NS F/E 5'0"X 14'0" No 05/27/13-08/18/13 3 $300.0 Vinyl Seq #2 Company#:157 Investment Per$140.00 Market:ST CLOUD Market Code: 103 Billing Period: Local AE:KMS8408-Kevin Springer Alt.AE: PO#: Product:Fabrication Description: Production&install of 1,5 x 14 vinyl,plus freight Qty:1 Rate Per Unit:$140.00 Freight:$12.00 Service Dates: 05/27/13 - THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY- INITIALS: Contract No.: 1944311 PAGE 1 of 3 The terms on all pages are part of this contract. Advertiser authorizes and instructs The Lamar Companies(Lamar)to display in a good and workmanlike manner,and to maintain for the terms set forth above,outdoor advertising displays described above or on the attached list. In consideration thereof,Advertiser agrees to pay The Lamar Companies all contract amounts within thirty(30)days after the date of billing. Advertiser acknowledges and agrees to be bound by the terms and conditions on all pages of this contract. The undersigned representative or agent of Advertiser hereby warrants to The Lamar Companies that he/she is the Representative of the Advertiser and is authorized to execute this contract on behalf of Advertiser. ELK RIVER PARKS AND RECREATION BY: CUSTOMER/ADVERTISER ACCOUNT EXECUTIVE:Kevin Springer DATE: COMPANY: St. Cloud BY: (signature above) CUSTOMER/ADVERTISER SIGNED BY: (print name above) This contract is NOT BINDING UNTIL ACCEPTED by a Lamar General Manager. DATE: THE LAMAR COMPANIES BY: GENERAL MANAGER:Mark Devore STANDARD CONDITIONS I. General Conditions 1. On initial installation,if Lamar and/or Lamar Transit Authority(LTA)is requested by Advertiser to submit art work,then art work submitted by Lamar and/or LTA shall be approved or substitute art work shall be furnished by Advertiser within ten(10)days after submission. In the case of default in furnishing or approval of art work by Advertiser,then the date of installation posting for purposes of commencement of the first invoice shall be deemed to occur on the date on which the various spaces are available for service. 2. 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. Upon completion and installation of initial posting,or upon the circumstances described in paragraph 1 regarding default,an invoice for payment will be sent to Advertiser or Agency.Upon Advertiser's or Agency's request,a report of the posting will be sent with the initial invoice.The first invoice shall cover the period from date of installation(if more than one location is included,the average date of installation shall be used)to the end of the billing period in which the invoice is rendered,and subsequent invoices shall be rendered in advance on the first of each successive billing period. Each invoice will cover the billing period following commencement of posting or date of installation;or following the circumstances described in paragraph 1 above regarding default.All prorated invoices and credits will be computed on the basis of a four week billing period. 4. 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 picketing,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 illumination,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.Lamar 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.The substituted or extended service shall be of a value equal to the amount of such credit. 5. Upon default in the punctual 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 Lamar,and unless same is promptly paid,Lamar may,at its option,discontinue without notice the outdoor or transit advertising contracted for herein;provided,however,that such discontinuance shall not relieve the Advertiser or agency of the contract indebtedness.All payments in arrears shall bear interest at the highest contract rate permitted by law,not to exceed 11/2%per month.In addition,Advertiser shall pay Lamar all costs and expenses of exercising its rights under this contract,including reasonable attorney's fees of not less than 25%of the amount due,or$250.00,whichever is greater,and all reasonable collection agency fees. 6. 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 of any provision shall not constitute a waiver of any other breach of that provision or any other provision. II. Bulletin Conditions 1. 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. 2. Lamar reserves the right to reject or withdraw any copy,either before or after posting. Lamar further reserves the right to terminate the Contract No.: 1944311 PAGE 2 of 3 contract for any reason,at any time. 3. Net cash payment is required thirty(30)days after the date of billing. 4. If a location should be lost during the period of display for any reason,a bulletin location of equal advertising value will be substituted or credit issued for loss of service. Should there be more than a 50%loss of illumination,a 20%pro-rata credit based on four week advertising space billing will be given. If this contract requires illumination,it will be provided from dusk until 11:00 p.m. 5. All contracts are non-cancelable by Advertiser. 6. Production charges are not included in the space rate,and will be determined by the degree of difficulty of the reproduction. Charges are computed on a square foot basis. 7. Approved artwork and posting instruction shall be furnished by the Advertiser sixty(60)days prior to scheduled display date. 8. Creative with mechanical,reflectors,inflatable,etc.will be quoted upon request. 9. 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. Cutouts are the property of Lamar,and the basic fabrication charge is for a maximum 12 months. Lamar will not be responsible for cutouts/extensions after 120 days of storage time. 10. Vinyl for bulletins should be supplied by the advertiser fifteen(15)working days prior to posting date. 11. Sections or vinyl will be held at customer's request upon management approval at the maximum rate of$100 per month. 12. Leeway of five(5)working days from the accepted start date is required to complete the installation of any display. Vinyl should be shipped in time to arrive at least fifteen(15)days prior to the accepted start date. Special Considerations: Special Provisions: SURETY AGREEMENT In consideration of Lamar entering into this contract with Advertiser,the undersigned("Surety")guarantees and becomes a surety for Advertiser in favor of Lamar for all sums due by Advertiser under this contract. The obligation of Surety is joint and several and in solido with Advertiser and Agent(if applicable)for the full performance of all of Advertiser's obligations under this contract or any continuation. Surety consents to all extensions. Surety waives any benefit that may allow him to limit this obligation to less than the full obligation of Advertiser. It is understood that, without this guarantee or surety agreement,Lamar would not be willing to enter this contract with Advertiser. DATE: SURETY Signature Above Print Name: Address: THIS INFORMATION FOR OFFICE USE ONLY Invoice Start Date:5/27/2013 Invoice End Date:8/18/2013 Inv. Routing:Customer Inv. Exception:Not Set 5-Amusement-Entertainment Product Code:and Sports Split Billing: Nat'l Contract No: Political: Co-op: Multi-Mkt Selling AE: P.O.P. Sales Manager: INITIALS: Contract No.: 1944311 PAGE 3 of 3