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Home My WebLink AboutSMARTLITENSURANCE NOT REQUIRED in WORK MA"i" PPOCEED N O Santa Ana Police Dept Contact Chief David Valentin Phone / Fax (714) 245-8145 I -- --- ---- E-Mail jmanriquez@santaana.org Santa Ana Police Dept Contact Chief David Valentin Phone / Fax (714) 245-6145 / -- --- ---- E-Mail jmanriquez@santa-ana.org 62 Civic Center Plaza M-88 Santa Ana,CA 92701 Soecial Instruction N-2022-326 Contract Information 2209-37625 Program Contract Type Local Sales Person Sasha Romanoff Approved on Santa Ana Police Dept Contact Chief David Valentin Phone / Fax (714) 245-8145 / --- --- --- E-Mall jmanriquez@santa-ana.org 62 Civic Center Plaza M-88 I Santa Ana,CA 92701 All materials to be used in creating advertisement due at Smartlite no later than 10/24/22 for 11/7/22 posting. Billing rate is per 4 week period. Client has the right to cancel after 26 weeks with 30 days prior written notice. Artwork changes will be invoiced at $295. Description Panel Start Date End Date Program Rate Line Total MainPlace Mall/Santa Ana, CA (47" x 69") Lvl2-22B 11/7/22 1115123 52 Weeks $395.00 $5,135.00 Print Production 9/21/22 9/21/22 $295.00 $295.00 PA ,AAgLnrj$Vfr Please make checks Davable to: Directional Ad-Vantaqe Holdings, LLC Billing Terms: First and Last month plus production charges due at signing. Last month billing applied to production and posting expense. I have read and agreed to the Terms $ Conditions on the back of this contract. Date: Accepted for: Santa Ana Police Dept Agency: Santa Ana Police Dept Auth Signature: See attached signature page Chief David Valentin 1011 V2022 Total $5,430.00 Deposit (Production $(1085.00) & Posting) Commission $0.00 Balance Due $4,345.00 Date: /O-/Z—ZZ Accepted for: Directional Ad-Vantaue Holdinqs. LLC Auth Signature: 000� smardite `Page 1 of 1 STANDARD TERMS & CONDITIONS Advertiser/ Agency shall supply camera-ready artwork or ail materials to be media creating advertisement in accordance with ad requirement specifications for Smartlite Ads o. or before Artwork Due Date, but is no event later than 15 days prior to Posting Date. Advertiser / Agency acknowledge sole responsibility for complete compliance with Smardite ad requitement specs and deadline submittal ofeamera-ready artwork. In the event of any dine delay and / or any non-compliance, Advertiser / Agency agrees to make the first payment for the panel cost commencing and based upon contacted Posting date. Time is ofthe essence for all provisions of this Contract. Socialite agrees that all designs for the display will be faithfully reproduced. Sausalito reserves the right to reject any copy, pictoral or otherwise, which it deems unacceptable, for any reason. 11. Advertiser/Agency hereby represents that it owns all rights (including, all intellectual property rights, statutory or common law) in its marks, images, descriptions, representations and/or content submitted to Smarthte in connection with its creation of the Advertisement Advertiser/Agency fruther warrants and represents that the materials provided by .Advertiser/Agency for publication hereunder, do not violate any Irv, including, but not limited to any statute prohibiting false or deceptive advertising, and that the advertising itself is not libelous, deceptive, and does not manage the intellectual property rights of third parties. For value received, the receipt and sufficiency of whi air is hereby acknowledged, Smaraite is hereby granted a nonexclusive, royalty free, perpetual, worldwide license to display Advertiser/Agency's mark(s), images descriptions, representations and/or content, to use the materials in any and all media. , Ill. Smardite sha(I produce ads for clients based on its current print production rate card. Advertiser / Agency shall approve all artwork. IV. At no additional cost to the Advertiser / Agency, Smmtite may install a brochure box for use by the Advertiser / Agency; provided, however, that Advertiser / Agency shall not use any artwork in any brochure box that has not been pre -approved by Smartlite in writing and that the use of the brochure box has been approved by die Shopping Ceriona , Any subsequent changes made to any approved artwork shall be re -submitted by Advertiser / Agency to Smardite for approval in writing of the modification prior to the distribution of any such modified artwork on rig Smartlite's bmchme box. , ,aeh aer a - on! en , . as any basis Fee Undress ternin I nine 1 0. de, re'deRiessie, is die is" is and sanditains a a assisted in Rae Gott" . Smartlite shall give the Advertiser / Agency seven (7) days written notice o£its intent to cease Advertisers/Agency's use of any brochure box, after which time, the Advertiser/Agency shall cease using the subject brochure box. All terms and conditions of tlds Contract shall, in all respects, remain in full force and effect, and all such terms and conditions shall remain the saute. V. For value received, the receipt and sufficiency of which me, hereby acknowledged by die parties, and except where caused by Smartlite's negligence, Agency and Advertiser hereby agree to defend, indemnify, and hold Smarthte harmless against all liability, including, without limitation, clams, demands, obligations, costs, expenses, damages. penalties, fines it charges, together with reasonable attorney's fees and disbursements, arising out of a breach or alleged breach by Agency and/or Advertiser of dais contract or arising out of or resulting from time content of the advertising material, art or copy furnished to Smardite by Agency or Advertiser, including but not limited to its display, production and/or the use of such content by Smartlite. Vl. Payment Terms: At Contract signing, the sum for the first and the last billing period and any applicable first time print production cost is due. Thereafter, billing shall ...tire. on the basis of successive firm -week billing periods (with the first day of each billing period being a "Billing Date") through the Contact Tema. For each baling period, Smartlite will invoice the Payment Amount an each Billing Date with Timms Net 30 days. If Advertiser / Agency shall fail to pay, when the sane is due and payable, any mount or charge to be paid to Smartlite by Advertiser / Agency as provided in this Contract, such unpaid amounts shall bearinterest from the due date thereof to the date of payment at the rate of eighteen percent (19%) per arum. In addition, Advertiser / Agency shall promptly reimburse Smartlite for any and all of Smmt4te's casts it expenses including, without limitation, court costs and attomevsfees in connection with Smartlite's collection ofAdvertoer's / Agency's obligations, including interest thereon at the rate of eighteen percent (18%) per unnum. In the event such rate is prohibited by law, unpaid amounts shall bear interest at the maximum rate pemutted by law. Advertiser / Agency hereby agrees that Smardite shall have the sole right to cancel this contract and remove the display ad at any time based upon a delinquency in any payment required hereunder. Further, if Advertiser / Agency shall fail to pay. when do same is due and payable, any amount or charge to be paid to Smarthte by Advertiser / Agency as provided in this Contract, after Smarthte has made a written demand for the same, than all paynments due to Smardite during the term of this Contract shall be accelerated, tons, becoming immediately due and payable by Advertiser/Agency to Smardite without further demand or notice. To the extent not otherwise prabibited by law, Smardite shall disclose to all appropriate credit reporting agencies information relating to payments required hereunder that are delinquent more than 90 days or such longer period, as determined by Smardite. VII. Smarthte shall have the right to cancel this Contract or remove or relocate one or more of Advertiser's reserved Panels) at any time, without any liability whatmove, for reasons beyond Sure lit.'s control, including but not limited to any termination of a location lease, change in law, ordinance, rule or regulation, or any mandate received by Smartlite from mall management In the event of any removal of the Advertiser's panel, Advertiser's obligation to pay Rent for that Panel shall abate. In the event Smartlite requests a relocation of Advertiser's advertisement, Smardite shall use best efforts to offer a comparable location and Advertiser shall use reasonable business judgment in either accepting or rejecting the alternate location. Advertiser shall have five (5) days to accept such alternate location. If Advertiser does not accept the alternate location, Advertiser's obligation to pay Rent for that Advertisement shall abate. V III. Advertiser / Agency shall not assign, sell or adrerwiss transfer this Contract without the prior express written consent of Smartlite. This Contract shall inure to the benefit of and be binding upon die successors and assigns of Smartlite. M. This instrument constitutes die ..it. Contract here. the parties and cannot be modified except in writing signed by both parties. In the event that any provision of this Contract (or portion thereof) is determined by a court m7competentjurisdicto. to be invalid or otherwise unenforceable, such provision (or pant thereof) shall be enforced to the fullest extent possible consistent within the stated intention of the Parties, or if incapable ofsuch erhforcemea t shall be deemed to be deleted from this Contract, wltle the remainder of this Contract shall continue in full force and remain in effect according to its stated terms and conditions. X. In the event Smartlite commences any action for nonpayment of charges or breach by Advertiser / Agency of any of its obligations pursuant to this Agreement, Advertiser / Agency hereby waives and shall not interpose any defense of improper venue or lack of personal jurisdiction in any such proceeding or action. Advertiser / Agency agrees that any claim, cause of action or lawsuit shall be brought inth.1iii,stint, Eissmt.ftlae 15thlisedienileitenikii andfor Orange County, California and that California law shall govern any such dispute. SurartGte's right(s), whether granted herein or elsewhere, in the event of default by Advertiser / Agency shall be connotative and the exercise ofm c .r more rights by Smardite shall not be to die exclusion of the exercise ofothear rights at the same or a later time. I have read and agreed to the Terms & Conditions of this Contract. Accepted By: Print Name: See attached signature page Advertiser/Agency Date: I'smardite IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: WE BMWmall ,iy Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BJR*ABO TOSIAN Senior Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDf City Manager RECOMMENDED FOR APPROVAL: NLU-� C�11cF L DAVID VALEN Chief of Police ,iy Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BJR*ABO TOSIAN Senior Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDf City Manager RECOMMENDED FOR APPROVAL: NLU-� C�11cF L DAVID VALEN Chief of Police