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CONTRACT WITH HOWARD H. HOLTON AGENCY INC. ACCREDITED CHAMBER OF COMMERCE Ct,r,!>',OER OF COMMERCE Df,HELJNITEDSTAiE5 I GREATER CLEARWATER CHAMBER of COMMERCE 128 NORTH OSCEOLA AVENUE · CLEARWATER. FLORIDA 33515 ~~,ij;~m/;!{~I~#i!I'IS!IIIII,ll!illlillllfJiiJl"!_IIIIl'III1.~ PHONE (813) 446-4081 J'~oved)er 13, 1969 j\;r. >:ern~tt Stierl:eim Ci ty }1anager City Hall Clearwater, Florida 33516 Dear Herrett: {o WOODROW W. TODD Executive Vice President /.1,/7 vA... Enclosed fo:>:' your files iF! A copy of tlle cor, tract bet"h'en t11e Greater Clearwater Cham'her of Commerc,' 2nd Uw Eoward H. Hilton i\.dvertising Ap:ency, Inc. S:i nC€l-tJ,l Y. ;)c , ," . '-:;,j Irviw'; J. \lcCoy Pref'-ident \.Ie epe1. .I I' , '- ~ ~. -,' I I CON T R ACT MEMORANDUM OF AGREEHENT, between GREATER CLEARWATER CHAMBER OF COMMERCE, hereinafter called the "Advertiser", and HOWARD H. HILTON ADVERTISING AGENCY, INC., hereinafter called the "Agency". The Advertiser and Agenqy agree as follows: r1. , The Advertiser hereby retains the services of the Agency, in the United States and Canada, and the agency accepts employment by the Advertiser, in the United States and Canada, in connection with the preparation of all types of advertising material and placing of advertise- ments in newspapers, magazines, radio broadcasting, tele- vision programs, outdoor advertising, preparation of pro- motional literature and printing thereof and other media for the Advertiser's advertising funds as designated by Advertiser. II. The relationships contemplated by this Agreement shall begin with the 1st day of October, 1969, and shall continue in force thereafter for a period of one (1) year, through September 30, 1970. .. III. The Agency shall make available to the Advertiser proof of payment to publishers and other third parties in respect to all work and services for the Advertiser's account promptly after receipt of funds from the Advertiser for the payment thereof. Such proof shall be made available to the . (' ,t , G5') I <It I I to the Advertiser at the Agency's place of business, for audit once a month. All contracts, papers, correspondence, copy, books, accounts, and other information in the office of the Agency relating to the business of the Advertiser, shall be open to inspection and examination by an authorized representative of the Advertis~r at all reasonable times, as well as expenses incurred by the Agency in the Advertiser's behalf for which the Agency ,c~ims reimbursement. IV. The Agency shall: A. As may from time to time be agreed upon in writing, study the markets of the Advertiser covered by this Agreement. B. Prepare preliminary plans for the advertising of the Advertiser. c. Prepare schedules for advertising insertions and other related figures. D. Prepare rough or finished layouts as required and all actual copy to be used in advertisements of all types, including radio scripts. E. Purchase upon written authorization of the Advertiser, art work and engravings, electro- ,-,' types, printed matter, and other collater~l materials, from artists, designers, ~hotographers, engravers, printers, and others. F. Upon authorization of the Advertiser, make contracts with owners of advertising media and others, each of which contracts, wherever possible, shall contain a provision to the effect that the rate contained -2- . .. '-, '* I I in such contract is the minimum rate at which an equal or less amount of space, for the same class of advertising, to he published in a like position, under the same conditions, within the same period of time, can be secured. G. Check in such manner as is now regarded good Agency practice: , 1. Insertion of advertisements in publications I I for appearancei date, position, ~jze-and mechanical reproduction. 2. The broadcast of radio and television ad- vertising for time, accuracy, extent, -and other related factors. 3. The display of outdoor advertising for date of appearance, position, size, workmanship and mechanical reproduction. . H. Retain custody of the Advertiser's property during the term of this Agreement and take all reasonable steps to obtain the return from third party of any such property. I. Render bills to the Advertiser for such amounts as may, from time to time, ,become due, wi th suff icient promptness to allow the Advertiser to earn cash discounts, if any, allowed by third parties, ex- cept in the case of artwork, mechanical production, radio and television talent, an~ other adjunct items which in accordance with its policy are accumulated by the Agency to simplify and clarify billing to the Advertiser. -3- . .. '. .. I I J. Audit promptly all bills of owners of advertising media or other third parties and pay all their proper charges. K. Render such other services as are customarily rendered by advertising agencies in connection with advertising campaigns as presently set forth ! in the service sta~dards promulgated by the American Association of Advertising Agencies. I V. The Agency shall not represent any other Chamber of Commerce in the counties of Pinellas, Manatee, Sarasota, Hillsborough, or Pasco during the duration of this contract wi th the exception of COLLATERAL MATERIAL. i VI. The Agency agrees to split commission on a pro-rata basis with any outside service providing co-operative funds for joint advertising for programs involving advertising media, production, materials, or serv~ces. The Advertiser agrees to reimburse the Agency for any commissions deducted by these outside sources to compensate the Agency for the procuring, arranging, or handling of such, programs in the Advertiser's behalf. VII. oJ Agency shall in no event incur liability on the Advertiser's behalf for any item of space or time in an advertising media or for art work, mechanical parts, printed matter, services, or other expenditures within the scope of of this Agreement, without having first secured a written purchase order from the Advertiser. -4- . .. .. ,'" ~ I I VIII. The cost to Advertiser for any item of space or time in an advertising media or for art work, mechanical parts, printed matter, services or other expenditures shall not exceed the amount authorized in the written purchase order for such expenqiture. IX. The Advertiser shall pu~ the Agency in funds on time for it to pay on due date all proper charges of owners of media and other third parties, but only after receipt of Agency bill therefor. Advertiser shall be entitled to credit for cash discounts allowed the Agency by third parties only in the event it shall have put the Agency in funds in time to enable it to earn the cash discounts from such third parties. x. The Executive Vice President of Advertiser is hereby designated as party to execute all purchase orders and directions on behalf of Advertiser. In the absence of the Executive Vice Preside~t, the President or the Chairman of the Advertising Committee of the Greater Clearwater Chamber of Commerce is authorized to execute purchase orders and ..", other directions to Agency. -5- . -.l!..i .. " , . I I XI. This Contract is non-assignable. DATED this /2- day of ')1 fr-v-t-..~ ,1969. Witnesses: HOWARD GREATER CLEARWATER CHAMBER OF COMMERCE ff~;(f~ ~~ BY:~'7J ?K~.~ te2~~ "" -6- .