HomeMy WebLinkAbout5/7/2014 - STAFF REPORTS - 2.D. ?A`M SpP
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'FORN,P CITY COUNCIL STAFF REPORT
DATE: MAY 7, 2014 CONSENT CALENDAR
SUBJECT: APPROVE AN ADVERTISING CONTRACT WITH THE DESERT SUN FOR
DISPLAY AND LEGAL ADVERTISING FROM APRIL 15, 2014, THROUGH
MAY 15, 2015.
FROM: David H. Ready, City Manager
BY: Chief of Staff/City Clerk
SUMMARY
The City Council will consider the approval of a contract for advertising with The Desert
Sun for the period ending May 15, 2015, at per unit prices with a minimum of$65,000
for display and on-line advertising.
RECOMMENDATION:
1. Approve an Advertising Agreement with The Desert Sun for legal and display
advertising for one-year ending May 15, 2015.
2. Authorize the City Manager to execute the Advertising Agreement. A5109.
STAFF ANALYSIS:
Various City Departments use the The Desert Sun for advertising. The bulk of the
advertising is legal advertising required by law, as such the City has no other legal
advertising choice, as The Desert Sun is the only adjudicated publication that qualifies for
legal advertising in the City.
While advertising costs are not entirely predictable, staff estimates $65,000 annual
revenue commitment for this contact year, is well within the City's reach.
FISCAL IMPACT:
The advertising requires an annual revenue commitment of the City in the amount of
$65,000 (for display and on-line advertising) for April 15, 2014 through May 15, 2015.
Item No. 2 . D .
City Council Staff Report
May 7, 2014-- Page 2
The Desert Sun Publishing Co. Contract
Funds are budgeted in various Departments that utilize display advertising, classified
advertising, and legal advertising.
JONES THOMPSON DAVID H. READY
hief of Staff/City clerk City Manager
Attachment:
Advertising Contract The Desert Sun Publishing Co.
02
Page 1 of 3
ADVERTISING AGREEMENT
(THE DESERT SUN PUBLISHING CO.)
This Advertising Agreement is made between The Desert Sun Publishing Co. and City of Palm Springs on this 10th
day of ADMI.2014 and sets forth the terms and conditions upon which the Company shall display the advertising material
provided by the Advertiser on Company's properties.
WHEREAS Company is the publisher of The Desert Sun and its affiliates and Advertiser wishes to purchase print or online
advertising space in said Company or website, Company and Advertiser agree as follows:
1. Advertising Commitment. Advertiser shall purchase a minimum of$66,000 during the Agreement term, of which no
less than $0 will be in digital format, at the rates indicated in the Company's rate schedule (Schedule 1), which is
incorporated herein by reference and made part of this Agreement, subject to the rate revision provisions of Paragraph
four(4)below.
uesenr sure
Y E U I A G R 0 O P 2. Term of Agreement. The Agreement shall commence on the le day of April.2014(the"Effective Date")and end
on the lath day of April.2015.
3. If,after the agreement period is completed the Advertiser shall have used less space than agreed to in Paragraph(1)
"nue Sur*dia Group above, Advertiser's rate for all space used during the agreement term shall be adjusted to the appropriate rate indicated
on the Company's current rate schedule,and Advertiser shall pay the difference.
7SG!iV!iil Gene kstry Ir:i' 4 The terms and conditions of the Company's rate card, a copy of which has been provided to the Advertiser, are
incorporated herein by reference. If any terms or conditions of the rate card conflict with the terms of this Agreement,the
Palm Sprnus CA 92262 terms of this Agreement shall govern. The Company may revise its advertising rate schedule at any time upon 30 days'
written notice to Advertiser, and Advertiser may, without penalty, cancel this Agreement at any time prior to the time the
Ny�e�2rinim new rates become effective upon prior written notice to the Company.
i ff'3??8889 5. Company may, in its sole discretion, edit, classify, or reject at any time any advertising copy submitted by Advertiser
for either print or online.
6. Advertiser shall make payment within 15 days of the billing date indicated on Company's statement, and, in the event
that it fails to make payment within such time, Company may reject advertising copy and/or immediately cancel this
Agreement and Advertiser agrees to indemnify Company for all expenses incurred in connection with the collection of
amounts payable under this agreement, including court costs,collection fees,attorney's fees and applicable interest. If this
agreement is cancelled due to advertiser's failure to make timely payment, Company may re-bill Advertiser for the
outstanding balance due at the open or earned agreement (contract) rate, whichever is applicable. Advertiser agrees to
pay a service charge of 1.5°%per billing cycle(18%per annum)or the legally allowable rate(whichever is lower) if account
is not paid according to the terms outlined in this paragraph.
7. If Advertiser utilizes an agency("Agency"), Advertiser and Agency shall be jointly and severally liable for complying
with all the terms of this Agreement, including payment for all advertising.Agency commissions, if any, shall apply to all
space charges and adjustments under this Agreement.
8. This Agreement renders void any statements concerning liability which appear on correspondence from Agency or
Advertiser and is irrevocable without the written consent of the Company's Credit Department. It is further agreed that the
Company does not accept advertising orders or space reservations claiming sequential liability.
9. When orders are forwarded by Advertiser or its Agency which contain incorrect rates or conditions, the advertising
called for will be inserted and charged at the correct rate in force governing such advertising as provided for in the
Company's rate schedule, as may be revised pursuant to Paragraph (4) above, and in accordance with the conditions
contained herein.
DS Acct:
212271
Departments:
1114, 1150, 1231, 1270, 1400, 2510, 2550, 2710, 3010,6003
ZbeDeseft Sun mYd'
Page 2 of 3
ADVERTISING AGREEMENT (cont)
10. The Advertiser or its Agency warrant and represent that any material submitted to the Company is original, does not violate any law or
regulations or infringe the copyrights,trademarks,trade names or patents of any other person,entity or corporation, and contains no matter which
is libelous, an invasion of privacy, an unlawful appropriations of the name or likeness, or is otherwise injurious to the rights of any other person,
and that Advertiser or its Agency has obtained all necessary consents prior to submission to the Company. Advertiser further agrees that all
desired corrections and modifications to the advertisement in progress shall be submitted to the Company for modification. The Advertiser will not
have access to perform HTML code modifications itself, either directly or through the use of any HTML editing software program, nor will
Advertiser allow any other individual to make such modifications on any of our sites.
11. This Agreement cannot be invalidated for typographical errors, incorrect insertions or omissions in advertising published. The Company
agrees to run a corrective advertisement for that portion of the first insertion which may have been rendered valueless by such typographical error,
wrong insertion or omission, if not the fault of the advertiser.Advertiser shall notify the Company of such errors in time for correction before the
second insertion.The Company shall not be liable to Advertiser for any loss that results from the incorrect publication(including,without limitation,
typographical errors),incorrect insertion or omission of Advertiser's advertisements.
12. Whenever in the judgment of the Company any advertisement bears resemblance to news matter, or is of such a character as to convey to
the reader that it is news, or advertisements in cartoon technique or comic strip forth, classification head"PAID ADVERTISEMENT'will be placed
over the column.
13. A composition charge in addition to contract or transient rates shall be paid by advertiser for intricate layout, copy calling for type to be set on
the bias,circles and other difficult composition and revisions of original copy.
14. Advertisements in excess of 19 inches in depth shall be billed at a full column.
15. The Company shall not be responsible for any drawings, art work, photographs,engraving plates, or mechanicals furnished by the Advertiser
to be used in advertisements unless written instructions to return at Advertiser's expense are furnished with order.
16. The Advertiser agrees to pay for all special art work and materials furnished by the Company at the request of the Advertiser, and for
composition if advertising ordered is not published.
17. The Advertiser understands that every effort will be made to accommodate placement requests, however placement is not guaranteed in a '
specific section or on a specific page.To guarantee ad placement,ad size must be a minimum of 31.5 column inches and a 25%surcharge will be
added to the total cost of the ad schedule. Guaranteed positions are based on availability.
16. Specifications on orders for the use of any page or barring the placing of advertising on any page or relating to the kind of news or advertising
on the page shall not be guaranteed and shall be treated as requests only.
19. Advertiser agrees to indemnify, defend and hold harmless the Company from all claims (whether valid or invalid), suits, judgments,
proceedings, losses, damages, costs and expenses, of any nature whatsoever(including reasonable attorneys' fees) for which the Company or
any of its affiliates may become liable by reason of the content of the advertising or Company's publication of Advertisers advertising.
20, All advertising copy which represents the creative effort of the Company and/or the utilization of creativity, illustrations, labor, composition or
material furnished by it, is and remains the property of the Company, including all rights of copyright therein.Advertiser understands and agrees
that it cannot authorize photographic or other reproduction, in whole or in part, of any such advertising copy for use in any other medium without
the Company's prior written consent.
21. If any federal,state or local taxes are imposed on the printing of advertising material or on the sale of advertising space, such taxes shall be
assumed and paid by Advertiser.
22. This Agreement may not be assigned or transferred by Advertiser or Agency.
23. The effectiveness of this Agreement is subject to a satisfactory credit check on Advertiser and/or Agency. Company requires a completed
credit application on all new Advertisers and Agencies.Advertiser and Agency agree to prepay for advertising if credit application is not approved.
If credit application is not submitted, Advertiser or Agency agrees to prepay for all advertising until credit application is received and approved.
Advertiser or Agency agrees to provide an updated credit application if Company requests one. Advertiser and/or Agency give Company
permission to request a credit bureau report on Advertiser and/or personal guarantor of this Agreement.
24. Any claim by Advertiser for a credit related to rates incorrectly invoiced or paid must be submitted in writing to the Company within twenty-five
(25)days of the invoice date or the claim will be waived.
25. Advertiser consents to receive facsimile communications from Company regarding its goods and services at the following facsimile
number(s):
tbeDoll mYd- -
Page 3 of 3
ADVERTISING AGREEMENT(cont)
26. Advertiser agrees to accept electronic tearsheets from Company. If Advertiser requests paper tearsheets,Advertiser agrees to pay$25 per
tearsheet.
27. The parties agree that a signature transmitted by any electronic means shall be deemed original for all purposes hereunder.
28. This Agreement is conditional on strikes,fires, acts of God or the public enemy,war, acts of terrorism, or any cause not subject to the control
of the Company, excluding the Advertiser's failure and/or inability to perform. Further, the Company makes no representation or warranties that
online service on which advertisement will be transmitted hereunder uninterrupted or error-free and the Company will bear no liability related to
such interruptions or errors.
29. The Company does not guarantee any given level of audiences.The Company will verify areas of adjudication upon request, and agrees to
notify advertiser of any change of adjudication status within 30 days of such change.
30. This Agreement constitutes the complete understanding of the parties and supersedes all prior agreements, understandings, negotiations
and/or arrangements between the parties and cannot be amended except in writing and signed by an authorized representative of each party.The
Company's advertising sales or customer representatives are not authorized to amend or modify the terms of this Agreement and/or the Company's
Rate Card terms,either orally or in writing.
31. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
The parties represent, by the signatures below, that this Advertising Agreement has been executed by their duly authorized representatives as
of the Effective Date.
The Desert Sun Publishing Co. City of Palm Springs
Lisa Shore/Date Amy Blaisdell/Date
Sara Weaver,Advertising Manager!Date
thcDewnsun mYd'
SCHEDULE 1 Page 1 of 1
ADVERTISING&MARKETING SERVICES RATES
THIS SCHEDULE 1 to the Advertising Agreement(the "Agreement') dated the 15 day of April 2014 (the "Effective Date"), is executed by
City of Palm Springs("Advertiser"), and The Desert Sun Publishing Co., ("Company"), in order to describe the ADVERTISING&MARKETING
SERVICES RATES for the Advertiser during the Agreement term. This Schedule 1 is hereby incorporated into the Agreement and shall be
governed by its terms. In the event of a conflict between the terms and conditions of this Schedule 1 and the Agreement, the terms of the
Agreement shall prevail unless the Agreement expressly contemplates that the inconsistent term may be varied in this Schedule.
1. Digital Display Rates.The rates for digital display advertising on the Company's local and national network shall adhere to the Company's
Digital Rate Card, published and effective March. 2013 (see Exhibit A attached). The Advertiser has hereby agreed to meet the Open Rate
digital spending level during the contract term, and will earn a 0% Discount on all Digital Display Rates during the contract term, outlined in
Exhibit A(attached).
2. Digital Marketing Services Rates.The Digital Marketing Services Rates outlined herein are based upon the Company's Digital Marketing
Services Rate Card,published and effective March,2013(see Exhibit B attached).
3. Desert Magazine Rates. The Desert Magazine Rates outlined herein are based upon the Company's Desert Magazine Rate Card,
published and effective January.2013(see Exhibit E attached).The Advertiser will earn the 10X rate during the contract term.
4. Desert Outlook Rates.The Desert Outlook Rates outlined herein are based upon the Company's Desert Outlook Rate Card, published and
effective January.2013(see Exhibit F attached).The Advertiser will earn the 10X rate during the contract term.
5. Other Advertising Rates. The Other Advertising Rates outlined herein shall be earned based upon fulfillment of the Advertising
Commitment,as outlined in Paragraph 1 of the Advertising Agreement.
Placement Description RatafCPM
Desert Sun ROP B&W Rate Black&White,any size,any frequency $34.00 PCI
Desert Sun ROP Color Rate Full Color,any size,any frequency $42.00 PCI
Desert Sun ROP Color Rate Full Color,any size,any frequency $18.00 PCI
Legal Advertising Per line per day $1.09
Mydesert Weekly East,Full Page,Full Color $900.00 per ad
Mydesert Weekly East Full Page,Black and White $660.00 per ad
Glossy Printed Insert Rate Printing,Insertion,and Delivery Rate Card
Tab One Printing,Insertion,and Delivery Rate Card
Mydesert weekly Insert 4 page,full color $4,259 total
Mydesert weekly insert 6 page,full color $6,280 total
Mydesert weekly Insert 8 page,full color $5,720 total
Mydesert weekly Insert overrun Overrun option per 1K copies $275
The parties represent, by the signatures below,that this Schedule 1 has been executed by their duly authorized representatives as of
the Effective Date.
The Desert Sun Publishing Co.(Company) City of Palm Springs(Advertiser)
Amy Blaisdell/Date
Lisa Shore,Key Account Executive/Date
Sara Weaver,Advertising Manager!Date
Scott Pompe,Advertising Director/Date
Sherri Maurer, Controller/Date
Mark J.Winkler,President!Date
the l :)de
medi DIGITAL RATE CARD
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Ad Specs Run of Site Article Pages Home Page
P Iffe(livemardl 31, 2011t Section Fronts
to
3 Leaderboard 728x90 $7 $8 —
C
Poster 300x250 $9 $10 $14.50
0 Half Page 300x600 514 $16 $17
Z Transitional 1080x81D - — $30
tri Sponsorship 100X50/awl -- — $3
Ad Specs Home Page Home Page Section Front(all) Section Front(all)Weekdays Saturday or Sunday Weekday Saturday or Sunday
J
a
N_ Hero Flip 720x524/100z30 51,000 5750 $750 $550
IAB Billboard 970x250/88x31 $1,000 $750 $525 $350
0L) Pushdown 1180x615/100x30 $1,100 $750 $750 $550
Pushdown Plus(w/rails) 1180415/100x30 $1,500 $1,125 $1,125 $850
Interactive Takeover 1080x810/10000 $1,600 $1,125 $1,125 $850
News Section News Section
Weekday Saturday and Sunday
2
Article with Rails (2)180x615+300x250 -- — Upon Request Upon Request
Placement Ad Spec placement Clam MOBILE OPPORTUNITIES
Pre-rollwRh 640x480 or video Player $40.00 I'I
Companion Ad 720x480;4:3 or Plot eryi en Device Ad Specs
16:9 Aspect Ra-
tio;Companion Bawer iPad Tablet app 180x430,300x250 S17.00
300x250 �'. Android Tablet app 468x60
W .-- :
Phone and 320x50
ova - F-.300x250 .ate Photo Galleries 91 Android app
Transitional
m.newspaper.com 300x250,32040
E-Newspaper 300,250 Article Pages $15.00 $25.00
Tablet
Transitional iPad Tablet app 768V68(1280x1280)
® Andmid Tablet app 600x600(potrai0
iPhoneantl 320x416 and 300x250
Androd app
E-Newspaper 728x90 Article Pages $15.00 Middle Fire app 480x480(portrait only)
Desktop
- ifhd Tablet app 1fi:9 Aspect Rath
Android Tablet app 16'9 Aspect Ratio
Phone and 1
Email Newsletter 3001:250 100%sov $35.00 An
Tops Headlines Kindle Fire app 16:9 Aspect Ratio
jhBery Transitional load Tablet
•Rates are subject to change,based on inventory availability. March 206 7
MECHANICAL SPECIFICATIONS
Width Height
Full Page trim size 8.375" 10.875"
bleed size 8.875" 1 1.375"
live area 7.875" 10.375"
Desert I/2 Page vertical 3.5" 9.75"
magazine horizontal 7.187" 4,75"
1/4 Page square 3.5" 4.75"
PUBLICATION DATES&DEADLINES •Files should be submitted on CD. FFP available upon request
Issue Advertising Publication •Please submit a color proof. PDF EPS,TIFF and JPG files only.
Deadline Date Native files from the following programs also acceptable:
October 2013 Sept.9 Sept.29 Adobe lnDesign',ILLustrator'and Photoshop'.
November 2013 Sept.27 Oct.27
Please include all artwork and fonts.
December 2013 Oct.25 Nov.24 •Resolution of placed Images should be 300 dpL
January 2014 Nov. 15 Dec. 15 •300%maximum ink density.
February 2014 Dec.20 Jan 26 •Images placed at 100%are preferred.Please do not
March 2014 Jan 24 Feb.23 reduce or enlarge images greater or less than 25%
April 2014 Feb.28 March 30 of actual size.
May 2014 March 28 April 27 'We discourage creating text in Photoshop'.Type set in
June 2014 April 25 May 25 OuarkXpress',Adobe'InDesign or Illustrator'will produce
September 20 14 JuLy 25 August 3 1 superior results.
•Color must be CMYK.Pantone'and spot colors,
must be converted to CMYK.
RATES •Desert Magazine rich black Is 40%cyan,30%magenta,30%
yellow, 100%black.
Space Open Rate 6x lox .Ali spread advertising must be suppUed as
FuLL Page $2,595 $1,875 $1,445 single-page documents.
1/2 Page $1,325 $955 $735
1/4 Page $675 $485 $375
Premium Positions
Back Cover(SOLD) $3,503 $2,600 $2,275
Inside Back Cover(SOLD) $3,200 $2,396 $2.097
Inside Front Cover(SOLD) $3,200 $2,396 $2.097 FULLPAGE
Page 3 $3,200 $2,396 $2,097
1/2 PAGE
HORIZONTAL
"Adjacencies opportunities available.Add 15%
"For muLtipLe pages in a single issue,please contact
your advertising representative.
(Distribution varies based on seasonality)
Effective Jan.201 3.Prices subject to change with 30 days notice.
1/2 PAGE
VERTICAL
1/4PAGE
No one reaches more affluent boomers In a SQUARE
single day.For more information,call your 08
representative at 760.778A660.
DESERT THE FIRST MAGAZINE OF ITS KIND REACHING THE LGET COMMUNITY
OF PALM SPRINGS AND THE COACHELLA VALLEY...
it /11r DESERT
—0c
NECRANCAL SPEGFlGTpNB M5Q[• ADVERiISMG OPPORTUN\\ L
ITIES
Wllpsphimsim 8.375• 10.e75" lox Net Rate --
Bleadsim 8.817S, 11.375^ Back Cover $1,155
uv,. 7.075" 10.375" Inside Front Cover $1,024 DESERT DBert outlook isa
1/2 page vertical 3.5" 9A5" FULLPwE 1y3 sophisticated and provocative
PMx Inside Beck Cover $982 ph
1/3 Pager"ifice el 7.187" 4.7s• Full Page $893 magazine exploring nuns and
1/3pagesquare 3.5" 4J5"
1N page square 3s^ 4.75^ 1/2 Page 4578 culture for lesbian,gay,bisexual
Iola TOSINDMAu 1/3 Page $383 ou and transgender residents,
1/4 Page $299 their friends and neighbors and
Files should be submitted via FTP 2Page Spread $1,607 visitors to Palm Springs and
aremaiL 1yaa� 6x Net Rate ��: � southern California.Available
FTP available upon rewest. vaatxa Back Cover $1,229 in print,online and on your
•Please submit a PDF,EPS,TIFF,and 14 ,GE 1/4 Inside Front Cover $1,129 / smartphone,Desert Outlook
JPG flies only.Native files from the x,,do M sW
following programs also acceptable: AAe -
Inside Back Cover $1,082 celebrates the people who help Adobe lrDesign•,Illustrator-,Photoshop• Full Page $982 defile southern California,our
and Acrobat•.Please include all artwork 1/2 Page $635 r world and the future by living
and forts
2014 oesearouTlnalccAk•ROAR 1/3 Page $425 proudly and openly.
•Resdutbn of placed images should _
be300dpi. 1/4 Page $331
Publkatlon
•300%madmum ink density. Dinh, 0ead • 2-Page Spread $1,764 { - - The LGET Niche Audience has
•Images placed at 100%are preferred. Open Net Rate
Please do not reduce or enlarge images len9 DecS ,Back Cover $1, Consumer Buying Power and
greater or less than 20%ofadwlsia. Feb6 lan7 Influence.
Inside Front Cover $1,286 206 d
-We discourage creating text Marti Feb6
in Photoshep•. Api13 Mar4 Inside Back Cover $1,234 —The Average Gay Household
Type set in Adobe•InDesign or Ilustrator• May B April a Full Page $1,118 E • has an annual income of over
will produce superior results. 1/2 Page $725 • • • • E85.5K compared to the nabonal
•Color must be CMYK Parton•and spot June 5(summe.asuel Mayfi t
caters,must be converted la CMYK. sell A,�g g 1/3 Page $478 average of E49.5K.
.Desert outlook rich black is 40%cyan, ate Aug 29 1/4 Page 9378wayv ,xicw> e
30%magenta,30%yellow,100%black. oct3o Sept 30 2-Page Spread $2,011
•All spread advertising most be supplied card Novo P.NrMplecss es sad For mom information
as single-page documents. av ieEmty.suraegn
may^pp'y _y i contact your advertising
For more information contact your advertising representative at 7507784660 representative at
760-778-4660
ExectN•Mn.2013.Prlcessdiect N Wrye MM 30 days mtice.
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• WHAT'S IN DESERT OUTLOOK?
y THE OUTLOOK is a regularly featured
department that looks at the news
affecting LGBTresidents
ey. sand visitors of
e Coachella Valley.
e, OW explores a current event or news
a - - development Past topics have included HIV
r e
- - and dating,the slate's reparative therapy
ban,and tourism among gay bears.
' HEADS UP is a political column examining
legislative issues,challenges and leaders.
WHY SHOULD YOU ADVERTISE n n CULTURE is a month) feature including:
1N DESERT OUTLOOK? y g'
THE CHAT:Q&A with a celebdty or cultural icon.
AccoMlec 3n Ttla 3er/cFJ508 Trees eSE: BUZZWORTHY:Local and national DEBT
2,303 Ruass of aa.Palm sprngs hasehdtls)ax celebrities riff on life and pop culture on
same-sex named couples or partnerships Cldl media sites,—TNs makes Palm springs the city with -
the 5th largest pencantaga of sameae. ' k USE;The inspiration,work and life of an
households in the nation. e' GBT artist are presented.
B5%of gay men and Iesdan aremme 6trely e'�i RST STEPS:As long as civilization has
to purchase products and services from _ rrr •Imisted there have been gay people,as this
compemes that advertise in the LGBT Media, � istorical look at local LGBTs attests.
Gay and lesbian homeowners plan to spend A I.. •]�
50%mom on nomei prcaects than '-
"ay couples over thetKat�"months. „IEOPLE is a regular feature including:
According to Gaywheds.com,54%of gay _ PALM SPRINGS PERSONIFIED:An up-dose look
consumers allowed their Automobile purchasing at who lives in Palm Springs and what brought
decision lob ler bbyy the noxianrty of n.liagars,e r e them to the area.
friendly tlealerstnp rather than an allegiance
toaspecific make of veltrle. , JAY sSTYLE:Fashion feature. stylishSmartphwnes,Electronics,Travel and R rn Lure AT HOME or fashion trends.
are among LGBT top purchase intentions in the '-AT HOME WITH;AphO[O Spread taking the
12 months reader inside a fabulous desert home.
In the past week,a Men between the
TRAVEL,RELATIONSHIPS AND HEALTH&
ages of as-ss have read react an any LGBT magazirre. � � FITNESS are regular features.