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HomeMy WebLinkAbout2013-419 Health - Transit Advertising Town of Chapel Hill shall provide advertising for OCHD $2,400 Transportation Bus Card Advertising Agreement Name of Organization or Business: Orange County Public Health Department Type of Organization: Business X Non-Profit Contact Person:Pam Dies Phone: 919-245-2424 Fax: 919-245-0896 E-mail Address:pdiggs(&co.orange.nc.us Mailing Address: 300 W. Tryon Street HILLSBOROUGH,NC 27278 Ad Rate: $ 67.50 (month)=6 months Total Amt) $405.00 Showing: X Full(all buses) Half(approx 50 buses) Bulkhead Start of Ad Period: End of Ad Period: Dispose Ads:NO (Yes/No) *It is the Advertiser's responsibility to retrieve card ads following ad period. TERMS&CONDITIONS 1. It is the advertiser's responsibility to provide a 30 day written notice(prior to the end of the agreement)of their intent to enter into a new agreement for additional advertising. If 30 day notice is not provided,the Town reserves the right to reassign to the ad space. All advertising periods shall be continuous. The maximum advertising period is 12 months,with the option to renew if the advertiser provides a 30 day written notice prior to the end of the initial advertising period. 2. Ad space cannot be reserved for a future period. Revised 8/2006 3. It is the advertiser's responsibility to provide Chapel Hill Transit with printed bus card ads that meet the following requirements: Ads must be printed on at least 5 ply cardboard stock. Ads for bus overhead racks must be exactly 11"top to bottom,20" side to side,with no printing within 3/8"of any edge. Bus bulkhead ads must be 21 %s"top to bottom,21"side to side, with no printing with 3/8" of any edge. 4. Card Ads will be placed in the buses on the first Saturday following delivery of the cards to the Transportation Office. Cards will be removed the first Saturday following the ad period. It is the Advertiser's responsibility to retrieve card ads following ad period. Advertisers must retrieve expired ads within one (1)week of the ad period ending. The Town of Chapel Hill Transportation Department will not retain/store expired ads. 5. The Town of Chapel Hill reserves the right to review and approve any bus card ads before placement. - Advertising should be of a reputable nature, should conform to recognized business standards, and must not conflict with any federal, state or local laws or regulations. - Liquor(including beer and wine), cigarette, and massage parlor advertising will not be accepted. - Advertisements must be professionally designed and printed. 6. All questions regarding Bus Card Advertising and correspondence should be directed to: Chapel Hill Transit 6900 Millhouse Road Chapel Hill,NC 27516 Office: (919) 969-4910 Fax: (919)968-2840 The undersigned agrees to the terms and conditions set forth in this agreement. 4 Signature Date J/.,e,v Checks: Make Payable to the Town of Chapel Hill or Credit Cards: Credit Cards accepted at Town Hall All payments must be sent to: Town of Chapel Hill—Revenue Office 405 Martin Luther King Jr. Blvd Chapel Hill,NC 27514 Revised 8/2006 Chapel Hill o. n s.. i I Order for Transit Advertising Please accept this order for advertising on Chapel Hill Transit buses: King Panels: 4 buses x 6 months =$ 2,400.00 Queen Panels: buses x months =$ Real Panels: buses x months =$ Bus Wraps: buses x months =$ Interior Cards: 98 buses x 6 months =$ 405.00 Advertiser agrees to pay the sum of$ 2,805.00 divided by six(6) months and payable at the first of each month during the term of this contract, plus production costs. January through ApfW,201130(Q613 TUNE Total Amount of Contract: $ 2.805.00(50%off) Production Costs: $ 660.00(estimate from production) Total Contract: $3.465.00 Production costs are separate. Product or service to be advertised: Orange County Health Department Contact: Pamela S. Diggs,MPH,Senior Public Health Educator-Health Promotion This order is signed and accepted subject to the terms and conditions printed on the reverse side thereof. ADVERTISER, By: 3 Date: Chapel Hill Transit By: CAP' Advertising Terms and Conditions 1. The advertiser shall at its expense furnish the proper number of signs required to fulfill the contract.Signs must be delivered to Chapel Hill Transit in no less than seven(7)days prior to the date for posting.The Advertiser is responsible for all production expenses and shipping charges.Chapel Hill Transit will have all signs posted on the beginning date of the contract and removed on the last date of the contract. 2. The character,design,text and illustrations on the advertising copy and the material used are subject to approval by Chapel Hill Transit and shall not infringe on any copyright,trade or service mark,title or slogan. In the event copy is rejected, Advertiser shall be responsible for providing an acceptable replacement or may appeal by filing a written request with the Transit Director within ten (10)business days after the rejection or removal decision. 3. Advertiser shall indemnify,defend and save harmless Chapel Hill Transit against any liability to which they may be subjected by reason of the advertising material displayed under this Contract,including but not limited to, liability for infringement of trademarks,trade names,copyrights,invasion of rights of privacy,defamation, illegal competition or trade practices,as well as all reasonable costs, including attorney's fees and expenses,in defending any such action or actions. 4. Chapel Hill Transit and the Advertiser accept this Contract subject to all state laws and regulations with respect to the advertising matter to be displayed. In the event such advertising becomes illegal or a request is received to terminate the advertising, Chapel Hill Transit reserves the right to terminate same,subject to the advertiser's appeal rights as outlined in Chapel Hill Transit's advertising policy, but there shall be no short rate charge in the event such termination becomes final. 5. Loss of service due to strike,lockout,flood,fire, riot,loss of right to display in or on Chapel Hill Transit equipment for reasons beyond the control of Chapel Hill Transit, or delay in commencing service shall not constitute a breach of this order;but in the event of such loss of service,the Advertiser shall be entitled to additional service,or extension of the term of service,or to a refund equivalent to such loss. 6. Chapel Hill Transit reserves the right to cancel this Contract at any time upon default by the Advertiser in payment or other breach, or in the event of any material violation on the part of the Advertiser of any of the conditions herein named; and upon such cancellation,all payments for advertising or other charges under this Contract,and unpaid,shall become immediately due and payable. Chapel Hill Transit at its option may elect not to terminate this Contract, but consider the entire balance of payments to be made under this Contract accelerated and immediately due and payable. 7. Advertiser grants Chapel Hill Transit permission to promote Chapel Hill Transit's own business through the use of Advertiser's cards, posters or displays in any manner whatsoever. 8. This Contract shall not be binding on either party until artwork and Contract is accepted by an officer of Chapel Hill Transit and upon acceptance this Contract shall be binding between the parties. 4. In the event the advertiser becomes a subject of any petition in bankruptcy or receivership,either voluntary or involuntary, or in the event of assignment for the benefit of creditors,the advertising company shall have the right to cancel this contract immediately.Whether under these circumstances or other circumstances, the advertiser agrees to pay reasonable attorneys'fees and other reasonable costs incurred in the collection of any past due balances of this contract. 10. This contract obligates the Advertiser to pay in advance of service.A delinquent charge of 1-1/2%per month(18%per annum)will be added to each month's billing not paid within 60 days of billing month. 11. All rates and adjustments are computed on the basis of thirty(30)days to the month. 12. Chapel Hill Transit shall not be held responsible for unused signs not called for by the Advertiser within ten (10)days after expiration of the Contract. If no notice is given,Chapel Hill Transit may dispose of such materials. 13. Chapel Hill Transit will not display any advertisements that fall into the categories detailed below. No advertisement posted on Chapel Hill Transit shall be in conflict with the following terms: A. Alcoholic Beverages. Chapel Hill Transit will not accept advertisements and images soliciting or promoting the sale or use of alcoholic beverages. B. Tobacco Products. Chapel Hill Transit will not accept advertisements and images soliciting or promoting the sale or use of tobacco products including,but not limited to cigarettes,cigars and smokeless tobacco. C. Advertisements Affecting Image or Operation.Chapel Hill Transit will not accept advertisements and images that threaten or adversely affect:the public image of Chapel Hill Transit;Chapel Hill Transit's ability to operate its Transit Facilities;or Chapel Hill Transit's ability to attract and maintain the patronage of passengers. D. False,Misleading,Deceptive or Disrespectful Advertising.Advertising or any material or information in the advertising that is false, misleading or deceptive, or that is intended to be(or reasonably could be interpreted as being) disparaging,disreputable or disrespectful to persons,groups,businesses or organizations, including advertising that portrays individuals as inferior,evil or contemptible because of their race,color,creed,sex,pregnancy,age, religion, ancestry, national origin, marital status,disability, including those related to pregnancy or child birth,sexual orientation,or any other characteristic protected under federal, state or local law. E. Unauthorized Endorsement.Advertising that implies or declares that Chapel Hill Transit endorses a product,service,point-of-view,event or program.The prohibition against endorsement does not apply to advertising for a service, event or program for which Chapel Hill Transit is an official sponsor, cosponsor or participant, provided Chapel Hill Transit's Director or other designated representative gives prior written approval regarding the endorsement. F. Obscene or Offensive Material. Advertising that contains obscene materials as defined in North Carolina General Statute Sec. 14-190.1(b), or that displays sexual conduct or information in a manner that would be offensive to a reasonably prudent person of average sensitivity in the community. G. Unlawful Goods or Services. Advertising or any material or information in the advertising that depicts, promotes or reasonably appears to encourage the use or possession of unlawful or illegal goods or services. H. Unlawful Conduct.Advertising or any material or information in the advertising that:depicts,promotes or reasonably appears to encourage unlawful or illegal behavior or conduct,including unlawful behavior of a violent or antisocial nature; is libelous or an infringement of copyright; is otherwise unlawful or illegal; or is likely to subject Chapel Hill Transit to liability. I. Adult Entertainment.Advertising that promotes or displays images associated with adult book stores,adult video stores,nude dance clubs and other adult entertainment establishments,adult telephone services,adult internet sites and escort services. J. Graffiti.Advertising that uses images or symbols that depict or represent graffiti. K. Illegal Firearms and Weapons.Advertising that contains images or depictions of illegal firearms or other weapons,or the unlawful use of firearms or other weapons. L. Internet Addresses and Telephone Numbers.Advertising that directs viewers to internet addresses or telephone numbers that contain materials,images or information that would violate these advertising standards if the materials, images or information were contained in advertising displayed or posted on Chapel Hill Transit Facilities. M. Distractions and Interference.Advertising that incorporates or displays any rotating, revolving,or flashing devices or other moving parts or any word, phrase,symbol or character,any of which are likely to interfere with, mislead or distract traffic or conflict with any traffic control device or motor vehicle regulation. 14. Chapel Hill Transit has the following DISCLAIMER REQUIREMENTS for the types of advertisements listed below.The Disclaimer must be placed on advertisements and be legible 5 ft.from advertisement. A. Political Candidates. On an advertisement that is authorized and paid for by a candidate or his/her campaign committee,the disclaimer must identify: • Who paid for the message. B. Political Candidate Advertisement Paid by a Different Party. On an advertisement that is authorized by a candidate or his/her campaign committee, but is paid for by another person,the disclaimer notice must: • Identify who paid for the communication. • Indicate that the candidate authorized the message. C. Political Advertisement Not For Political Candidate. On an advertisement that is not authorized by a particular candidate or his/her campaign committee,the disclaimer notice must: • Identify who paid for the message. • State that is was not authorized by any candidate or candidate's committee. • List the permanent address,telephone number or world wide web address of the person who paid for the communication. D. Religious Oriented,Political Issue or Other Non-Commercial Issue Ads.The disclaimer notice must: • Identify who paid for the message. • List the permanent address,telephone number or World Wide Web address of the person who paid for the communication. 15. Chapel Hill Transit is an equal opportunity employer. 16. As used in this Contract the term"Advertiser"shall include Advertising Agency, or any other agent or licensee of Advertiser, as well as the Advertiser. 17. This contract is not assignable by the advertiser. 18. This contract is non-cancellable unless otherwise noted.