HomeMy WebLinkAbout3/20/2013 - STAFF REPORTS - 2D p A`M 5,6
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Fo %V1 CITY COUNCIL STAFF REPORT
DATE: MARCH 20, 2013 CONSENT CALENDAR
SUBJECT: APPROVE AN ADVERTISING CONTRACT WITH THE DESERT SUN FOR
DISPLAY AND LEGAL ADVERTISING FROM APRIL 1, 2013 THROUGH
MARCH 31, 2014.
FROM: David H. Ready, City Manager
BY: City Clerks Department
SUMMARY
The City Council will consider the approval of a contract for advertising with The Desert Sun
for the period ending March 31, 2014, 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 March 31, 2014.
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 1, 2013 through March 31, 2014. Funds are
budgeted in various Departments that utilize display advertising, classified advertising, and
legal advertising.
AMES THOMPSON, CITY CLERK DAVID H. READY, Cl GER
Attachments:
Advertising Contract
ITEM NO. !`'
•�i DESERT SUN MEDIA GROUP
DESERT SUN ADVERTISING AGREEMENT
ME01A GROUP
TDS Account Number: 212271 Date: 03-12.13
This Advertising Agreement is made between Desert Sun Media Group("Newspaper") and City of Palm Springs, ("Advertiser')on this
12th day of March, 2013 and sets forth the terms and conditions upon which the Newspaper shall display the advertising material provided by
Advertiser(the"Advertisement")on Newspapers properties.
WHEREAS Newspaper is the publisher of The Desert Sun and its affiliates and Advertiser wishes to purchase print or online advertising space
in said Newspaper or website,Newspaper and Advertiser agree as follows:
1. Advertiser shall purchase a minimum of$65,000 at the rates indicated in the Newspaper's rate schedule, which is incorporated herein by reference and
made a part of this Agreement,subject to the rate revision provisions of Paragraph(4)below.
2. If,after the agreement period is completed the Advertiser shall have used less space than agreed to in Paragraph (1)above,Advertiser's rate for all space
used during the agreement term shall be adjusted to the appropriate rate indicated on the Newspaper's current rate schedule,and Advertiser shall pay the
difference.
3. The terms and conditions of the Newspaper'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 terms of this Agreement shall govern. The Newspaper 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 new rates become effective upon prior written notice to the Newspaper.
4. Newspaper may,in its sole discretion,edit,classify,or reject at anytime any advertising copy submitted by Advertiser for either print or online.
5. Advertiser shall make payment within 15 days of the billing date indicated on Newspapers statement, and, in the event that it fails to make payment within
such time,Newspaper may reject advertising copy and/or immediately cancel this Agreement and Advertiser agrees to indemnify Newspaper 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, Newspaper 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.
6. 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.
7. 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 Newspaper's Credit Department. It is further agreed that the Newspaper does not accept advertising orders or space reservations
claiming sequential liability.
8. 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 Newspapers rate schedule, as may be revised pursuant to Paragraph (4)above,
and in accordance with the conditions contained herein.
9. The Advertiser or its Agency warrant and represent that any material submitted to the Newspaper 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 Newspaper. Advertiser further agrees that all desired corrections and modifications to the
advertisement in progress shall be submitted to the Newspaper 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.
10. Listing and agent content may be solely dependent on a data sharing agreement with Desert Area MLS. The Newspaper cannot be held responsible for
incorrect or lack of data on the website as a result of problems stemming from Desert Area MLS or it's data provider. In the event of data sharing problems,
the Newspaper will make reasonable efforts to manually purge or add listing or agent information until Desert Area MLS or it's data provider resolve technical
problems preventing MLS data sharing.
11. This Agreement cannot be invalidated for typographical errors, incorrect insertions or omissions in advertising published. The Newspaper 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 Newspaper of such errors in time for correction before the second insertion. The
Newspaper 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 Newspaper 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 form,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 Newspaper 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 Advertisers expense are furnished with order.
16. The Advertiser agrees to pay for all special art work and materials furnished by the Newspaper 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.
18. 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 Newspaper from all claims (whether valid or invalid), suits,judgments, proceedings, losses,
Desert Sun Media Group Advertising Agreement 2/4{?W3
02
damages,costs and expenses,of any nature whatsoever(including reasonable attomeys'fees)for which the Newspaper or any of its affiliates may become
liable by reason of the content of the advertising or Newspapers publication of Advertiser's advertising.
20. All advertising copy which represents the creative effort of the Newspaper and/or the utilization of creativity, illustrations, labor, composition or material
furnished by it, is and remains the property of the Newspaper, 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 Newspaper'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.Newspaper 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 Newspaper requests one. Advertiser and/or Agency give Newspaper 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 Newspaper within twenty-five(25)days of
the invoice date or the claim will be waived.
25. Advertiser consents to receive facsimile communications from Newspaper regarding its goods and services at the following facsimile number(s):
26. Advertiser agrees to accept electronic tearsheets from Newspaper.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
Newspaper, excluding the Advertisers failure and/or inability to perform. Further,the Newspaper makes no representation or warranties that online service
on which advertisement will be transmitted hereunder uninterrupted or error-free and the Newspaper will bear no liability related to such interruptions or
errors.
29. The Newspaper does not guarantee any given level of audiences. The Newspaper 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 Newspaper's
advertising sales or customer representatives are not authorized to amend or modify the terms of this Agreement and/or the Newspapers 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.
ADVERTISER AGENCY MASTER FILE MAINTENANCE
City of Palm Springs XX❑ New Contract
Name Name ❑ Upgrade from
3200 East Tahquitz Canyon Way ❑ Downgrade from
Business Address Business Address ❑ Renewal
Palm Springs, California 92262 12 months4/1/13-03/31114
City, State Zip City,State Zip Term(Length of Contract)
760-323-8132 4/1113
Telephone Number Telephone Number Effective Date of Contract
Lisa Shore
Signature Signature Account Executive
Tony Elam
Print Name and Title Print Name and Title Advertising Manager
Sara Weaver
Date Date Advertising Director
Desert Sun Media Group Advertising Agreement 2/4/2013
03
DESERT SUN MEDIA GROUP DATE: 03/12/2013
ADVERTISING ADDENDUM
for:
City of Palm Springs
Account#212271
(Departments:1114,1150,1231,1270,1400,2510,2550,2710,3010,6003)
This addendum becomes the Advertising Agreement for City of Palm Springs, effective4:/2013
through 03 I H6j This Addendum is designed to reach the target audiences for City of Palm
SUN Springs by utilizing the Desert Sun Media Group(DSMG)multi-media solutions. The rates herein are
1 HI I a fl 0 UI P based upon a 65'060 minimum revenue commitment for the contract period.
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Multi-platform Powerful Reach!
'A r ,ilw Aa,u ireii The Desert Sun reaches over 153,000 adults every single day and over 168,000 adults every
Sunday.This is nearly 2xs the number of Coachella Valley adults who watched the 2012 Super Bowl.
To effectively reach the target audiences identified by Cit y of Palm Springs,the DSMG recommends
that each print ad campaign achieve at least an 8x frequency in The Desert Sun per month. Research
shows that readers will remember an ad message when an 8x frequency is achieved,and that ad
` frequency is most important to making an ad campaign successful,more so than size and color.
"" t71 dky MyDesert.com dominates the local digital space,as no other web site reaches more Coachella
Valley residents.The DSMG digital audience, combined with its strong and loyal print audience,gives
DSMG customers an unfair advantage! Print and online combined, DSMG reaches half of the adults
in the Coachella Valley every Sunday and over 72%of adults 5.2 times each week!Who else does
that? Nobody. Its a fact that people research health issues and conditions online. Be there for them as
they're engaged in their searches!
Reach to County,Orange County, San Diego County, and CANADA!
City of Palm Springs can now target behaviorally and geographically to reach people who have
recently searched for health related articles,products and services! DSMG has an expanded product
portfolio that includes Yahoo!digital targeting that will deliver adults in the highly coveted markets of
LA,San Diego,Orange County, and Canada. Targeting viewers when they're online means very few
wasted impressions.This is completely the opposite of how Outdoor Advertising is delivered.
Reach EVERY community!
DSMG has expanded LOCAL community coverage and improved neighborhood distribution for
Zoned Editions that now reach subscribers and non-subscribers in Rancho Mirage and Indian Wells.
City of Palm Springs can target advertising into 1 or all 3 zoned editions—East Valley(Indio/La
Quinta), Mid Valley(Rancho Mirage, Indian Wells,and Palm Desert),and West Valley(Palm
Springs/Cathedral City). A zoned strategy will ensure maximum reach of CV adults in these
communities—reaching a full distribution every Friday.
Reach the LGBT audience!
The upscale and sophisticated LGBT audience has been long underserved in the Coachella
Valley. The City of Palm Springs can now reach this audience monthly in Desert Outlook Magazine
-available at 167 locations in the desert.This glossy, perfect-bound magazine will get the attention of
the LGBT audience—and health related issues are of utmost importance to them.The gay audience is
extremely loyal to their supporters.
Reach affluent females!
Research shows that many times the female in the home makes the health decisions
and schedules doctor's appointments. Reach 45+females monthly with Desert Magazine,
with over 100,000 readers per issue.
Page 1 of 3
= 3 tY s ae,
DESERT SUN MEDIA GROUP DATE: 03/12/2013
ADVERTISING ADDENDUM
for:
City of Palm Springs
Account#212271
(Departments:1114,1150,1231,1270,1400,2510,2550,2710,3010,60031
i
c-se=:r ssrs The Desert Sun
0((I':A G A i U P B/W Rate: $34. per column inch,black&white(Mon.-Fri.)
�. B/W Rate: $42. Per column inch, black&white(Sat./Sun.)
Color Rate: $18. per column inch
Le al Advertisin $1.09 er line er da
Festival of Lights Ad Match
TBD based on Event Sponsorship between TDS and the City of Palm Springs
Digital Advertising
e, x- MyDesert.com Launchpad/Pencil Ad$535.50 per day(based on 16,666 imp. per day)
$31.12 cpm
?4 Community Page Sponsorship—Palm Springs—30,000 imp/mo.$5 cpm-$1S0/month
(12 months)Leaderboard(728x90)
Desert Magazine
2-pg Advertorial $2890. per issue(full color,5 issues required)
Desert Outlook Magazine
Full Page
Sept—June $850./month
Half Page—
Sept—June $550Jmonth
Glossy Insert Express
"hol 0;copies $57 CPM(size 8.5"x 11",2-sided)(printing and insertion)
MyDesert Weekly—West/Mid/East
Full page $g00 per ad per week(full color)
Full page $$g¢per ad per week(B&W)
MyDesert Weekly—West Valley Newsletter
4-page spread $3872(Full Color,3 issues required)
6-page spread $4800(Full Color)
8-page spread $5200(Full Color)
Over-run option $250 per 1 K copies
Production Fee $300 8 hrs of production time;$75/hr additional
It
1.,.
DESERT SUN MEDIA GROUP DATE: 0 3/1 212 0 1 3
ADVERTISING ADDENDUM
for:
City of Palm Springs
Account#212271
(Departments:1114,1150,1231,1270,1400,2510,2550,2710,3010,6003mman
DESERT qUN
1. All rates are net. No other discounts apply.
2. This Addendum, and all rates and terms herein,will expire 30 days from the proposal date
above.All rates are final,and based on the total advertising spending commitment of$65,000
during the contract term,and frequency levels for each product as proposed,during the
contract term. Spending will be tracked on a monthly and quarterly basis and based on
ed�a spending trend,the rates and overall program are subject to change.
3. City of Palm Springs' signature below signifies acceptance of the Contract Addendum
'59 9 ,nape a- proposal.
CLIENT AUTHORIZED BY:
a: DESERT SUN MEDIA GROUP
Lisa Shore, Media Sales Strategist NAME/TITLE
o55t2 4g,,� o 760.778.4684 1 m 760.831.5225
Iisa.shore()thedesertsun.com DATE
Sara Weaver, Sales & Marketing Director
Mark J.Winkler, President&Publisher
Sherri Maurer, Controller
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