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HomeMy WebLinkAbout9/8/2010 - STAFF REPORTS - 2.W. �O?ALM gA� �y u � * C0*�ORAY 44IF0% CITY COUNCIL STAFF REPORT DATE: SEPTEMBER 8, 2010 CONSENT CALENDAR SUBJECT: APPROVE AN ADVERTISING CONTRACT WITH THE DESERT SUN FOR DISPLAY AND LEGAL ADVERTISING TO JUNE 30, 2011 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 June 30, 2011 at per unit prices with a minimum of $36,000 for display and on-line advertising. RECOMMENDATION: 1. Approve the Advertising Contract with The Desert Sun for legal and display advertising for the period ending June 30, 2011. 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. The rate for legal advertising remains unchanged. In 2008, City Staff worked with The Desert Sun to reduce the City's advertising rates. At that time, the reduced rates were predicated on the requirement that the City would commit to a $60,000 an annual advertising minimum for display and on-line advertising. Due to budget constraints, the City has reduced the amount of local display and on-line advertising and can no longer continue to guarantee $60,000 annual advertising. While advertising costs are not entirely predictable, staff estimates $36,000 annual revenue commitment for this contact year, is well within the City's reach. City Staff ITEM NO.�.__ City Council Staff Report September 8, 2010-- Page 2 Desert Sun Advertising continues to work with the The Desert Sun, and the current reduced rates for display and on-line advertising were held, with no rate increases proposed as a result of the decrease in annual advertising commitment. FISCAL IMPACT: The advertising requires an annual revenue commitment of the City in the amount of $36,000 (for display and on-line advertising) for fiscal year 2010-11. Funds are budgeted in various Departments that utilize display advertising, classified advertising, and legal advertising. r ME Y S THOMPSON, CITY CLERK DAVID H. READY, CI AGER Attachments: Advertising Contract mebesertqUn ADVERTISING CONTRACT Account# 212271 Date 08-26-10 THIS AGREEMENT is made on 26 day of August Between The Desert Sun Publishing Co. Inc., (hereinafter called the"Company) City of Palm Springs Located at P.O. Box 2743 City: Palm Springs State: CA Zip: 92263 (Type of Business) City Gov (hereinafter called the"Advertiser"). I.The Company is hereby authorized to insert: X Retail O Classified O CAP O National to run in Area(s) as checked below II.Type of Contract: OThe Desert Sun Bulk x_Attached (See addendum) 1. The Advertiser shall purchase a minimum of 36-thousand dollars per next 10 months 9. Advertiser agrees to indemnity, defend,and hold harmless the Company for all Cla at the rates indicated on the Company's(net,gross)rate schedule,which is incorporated (whether valid or invalid), suits, judgments, proceedings, losses, damages, costs herein by reference and made part of this Agreement,subject to the rate revision provisions expenses, of any nature whatsoever (including reasonable attorneys' fees) for which of paragraph(4)below. The Advertiser acknowledges receipt of a copy of Company's rate Company or any of its affiliates may become liable by reason of the Company's publicatioi schedule. In the event that any terms or conditions of the rate schedule conflict with the Advertiser's advertising. terms of this Agreement,the terms of this Agreement shall govern. 10. All advertising copy which represents the creative effort of the Company and/or The term of the Agreement shall be 10 months from the date hereof,or prior to a rate utilization of creativity, illustrations, labor, composition or material furnished by it, is revision as provided in paragraph(4). remains the property of the Company including all rights of copyright therein, Advert understands and agrees that it cannot authorize photographic or other reproductions,in wt 37 By committing to purchase a minimum amount of advertising during each term of the or in part,of any such advertising copy for use in any other medium without the prior wrl Agreement,the Advertiser is being given a special discounted rate. if during the term of this consent of the Company. 11. Whenever in the judgment of the Company any advertisement bears resemblance -e�� news matter, or is of such a character as to convey to the reader that it is news, advertisements in cartoon technique or comic strip form,classification head "advertisemi Company,a Gelling of 2 levels.Rebates%vill be applied to balanGes due!he or credit to be will be placed over the column. 12. A composition charge in addition to contract or transient rates shall be paid by advert 4. The Company reserves the right to increase the contract rate from time to time,as well for intricate layout, copy calling for type to be set on the bias, circles and other diffi as realign areas, giving the Advertiser the option of continuing at the new rate or in a composition and revisions of original copy. realigned area or discontinuing when the new rate or area becomes effective, without penalty rate, provided immediate payment in full is made of all obligations due under the 13. Advertisements In excess of 19 inches in depth shall be billed at a full column. contract prior to the date of discontinuance,and that the Company is notified in writing prior to the effective date of the new rates of Advertiser's intent to discontinue. 14,The Company shall not be responsible for any drawings,art work,photographs,engra% plates,or mechanicals furnished by the Advertiser to be used in advertisements unless wril 5. The company may,in its sole discretion,edit classify or reject any time any advertising instructions to return at Advertiser's expense are furnished with order. copy submitted by advertiser. 15. When orders are furnished by agency or Advertiser which contain incorrect rate 6. Advertiser shall pay for the advertising purchased under this Agreement according to conditions the advertising called for will be inserted and charged at the rate in force goverr the terms indicated on the Company's statement for the previous billing period's such advertising as provided for in the Company's rate schedule,as may be revised pursu advertisements,or upon presentation of a bill,and,in the event that the Advertiser fails to to Paragraph 4 above and in accordance with the conditions contained herein,If orders are make timely payment as provided for the invoices, Company may reject advertising copy furnished y agency or advertiser, advertiser agrees to sign an ad authorization form bet and/or immediately cancel this contract,and Advertiser agrees to indemnify Company for all Company schedule advertising. Initial here: expenses incurred in connection with the collection of amounts payable under this contract, including court costs,attorney fees,and 18%interest charge per annum. If this Agreement 16. The Advertiser agrees to pay for all special art work and materials furnished by is canceled due to Advertiser's failure to make timely payment, Company may re-bill the Company at the request of the Advertiser, and for composition if advertising ordered is Advertiser for the outstanding balance due at the open or earned contract rates,whichever is published. applicable. 7, This Agreement cannot be invalidated for typographical error, incorrect insertions or 17.Advertiser agrees to pay position charges as stated in rate card. omissions in advertising published. The Company agrees to run corrective advertisements 18,specifications on orders for the use of any page or barring the placing of advertising on for that portion of the first insertion which may have been rendered valueless by such page or relating to the kind of news or advertising on the page shall not be guaranteed r typographical error,wrong insertion or omission. Advertiser shall notify the company of such shall be treated as requests only. 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 or omission of its 19. Conditions under which advertising is accepted under this contract require that advertisements.Initial here: advertisements running Full Run must be the same in size and in copy except for address and appear in all areas specified in this contract within a seven day period. When advertis 8. Agency commission,if any shall apply to all space charges and adjustments under this is used in addition to Full Run it will be charged at the rate at which the Advertiser would contract. If Advertiser utilizes any agency,the Advertiser and the agency shall be jointly and charged under an individual base area contract for the amount of space for the first area at severely liable for payment and for compliance with all of the terms and conditions of this expanded coverage rate for two or more areas according to the schedule of current advertis Agreement. All rates quoted are net. rates in effect a the time such space is used. Rebates and short rates do not apply advertising which is in addition to a Full Run contracted for hereunder, placed in individ areas,nor does such additional advertising space count towards the completion the Full R space contract. 20. In the event any federal,state,or local taxes are imposed on the printing of advertising 23.PLEASE MAKE NOTE BEFORE SIGNING:This agreement is a special rate contract. material or on the scale of advertising space,such taxes shall be assumed and paid by the agreeing in Paragraph 1 to place at least a specified amount of advertising within t Advertiser. Newspaper during each term of this agreement,you as the Advertiser have been given spec discounted rate. If you are unable to fulfill this obligation within the term of this Agreement(i. 21.This agreement may not be assigned or transferred by Advertiser/agency if you don't place the amount of advertising you have committed to in Paragraph 1),within t period set forth in this Agreement,the amount of advertising you do place may not qualify y 22.At the Company's sole discretion, the effectiveness of this agreement is subject to a for any discount than the offered herein. THIS COULD RESULT IN ADDITIONAL CHARGI satisfactory credit check of the Advertiser and/or its agency. Company may require advance TO YOU AS THE ADVERTISER!By Signing this A^^m^ent YOU WO ar4nowl +ging that payment for all advertising placed by Advertiser or its agency if periodic credit checks are not are hereby agreeing to pay any SUGh additigAal'6110ft rate"Gh8Fge8. [This Agreement rend satisfactory. void any statements GonGeFA'Ag liability whiGh appear on GwespendeAG6 fF0FA the AdveFti 24.This agreement constitutes the complete understanding of the parties and supersedes prior agreements,understandings,negotiations and/or arrangements between the parties a cannot be amended except in writing and signed by both parties. This Agreement shall governed by and construed in accordance with the laws of the state of California. (Sales Representative, Name& No.) Anthony Rios#006 Department Manager Dayna Smith Date 08-26-10 AGENCY ADVERTISER City of Palm Springs Name Name P.O. Box 2743, Palm Springs, CA.92263 Address Billing Address Corp. Name if different Corp name if Different 760-323-8204 Phone Number Phone Number X X Title and Signature Signature x x Date Print Name &Title x MASTER FILE MAINTENANCE Date O Non-Profit O Agency O Political Effective Date Account No. O New Account Prepared by O New Contract A. Rios O Upgrade From Approved by O Downgrade From O Renewal Fax Disclosure Umbrella Contract For; You may request that The Desert Sun not send any future advertisements to a fax machine. Our failure to comply with your request within 30 days is unlawful. To request that The Desert Sun does not send any future advertisements to a fax machine,you must call(760)778.4634.fax the request to(760)778- 4546 or send the request to m and tell us the numbers of the fax machine. 4 Thebesert5tm my d ese rt . co m This Advertising contract addendum is entered into by the City of Palm Springs and The Desert Sun as of January 1, 2010. This addendum is effective July 2010 through June 30, 2011. The following current account City of Palm Springs [212271] and all departments assigned by the City to include— 1114, 1150, 1231, 1270, 1400, 2510, 2550, 2710, 3010 and 6003. This Advertising contract addendum becomes Paragraph 24 of the Advertising Contract between the City of Palm Springs and The Desert Sun. Para-graph 1 of the Advertisin Contract is amended to read: 1. The Advertiser shall purchase a minimum of$36,000 per the next 12-months at the rates and discounts as indicated below: [Rates are based on a$36,000 revenue commitment.] For services not listed, the rate shall be set forth at the rates indicated on the Company's (net) rate schedule which is incorporated herein by reference and made part of this Agreement, subject to the rate revision provision of paragraph 4 below. The Advertiser acknowledges receipt of a copy of Company's rate schedule. In the event that any terms or conditions of the rate schedule conflict with the terms of the Agreement, the terms of the Agreement shall govern. Display Advertisina Rates Monday-Thursday $36.75/inch Friday-Sunday $44.50/inch Regular rate card discounts apply. Festival of Lights Ad Match The Desert Sun will match any ads placed for the Festival of Lights up to 126 column inches in The Desert Sun or Community Weekly papers only. Color Courtesy Color Rates for any ad sized over 63 column inches or larger Full color $800/ad Two color $550/ad One color $450/ad Courtesy Color Rates for any ad size less than 63 column Inches Full color $14/ inch Two color $111 inch One color $8/inch Palm Springs Sun Position Palm Springs Sun Full page/Full Color $600 per ad The ad size is (6 column inch W X 10-inches T)60 column inches/Full color. This advertising position targets readers for information in the Palm Springs Sun 47,000 readers per issue. *A courtesy $10 per column inch rate will be extended for any additional ads running in any of the Community Weekly Papers Online Advertising Palm Springs Page 50% Sponsorship Ldr Brd(728x90 pixels)Myscraper(160x600pixels)$308 month This advertising position targets viewers searching for info on the Palm Springs page of mydesert.com with an estimated 40,000 impressions per month. Any change in program will require materials 72 hours prior to live date. *The cost is based on 40-thousand impressions and if the impressions increase the monthly cost will be re-visited -1- �J Palm Springs Sun Newsletter The Palm Springs Sun covers both non-subscribers and Desert Sun home delivery subscribers each week on Friday. A total of 17,500 copies are delivered. 4 page spread, including full color on Kraft Paper 4 issues during the next 12 months $37501 issue 6 page spread, including full color on Kraft Paper 4 issues during the next 12 months $4800/issue 8 page spread, including full color on Kraft Paper 4 issues during the next 12 months $5,200/issue Over run option: 1000 copies $250 Production fee(Includes 8 hours of production) $300/issue Articles, photos and all other information would be provided by City of Palm Springs. Additional production time $75/hour Deadline for each issue of camera ready materials would be 10 business days prior to publication Desert Ma azine 2-Pa- a Advertorial Desert Magazine covers all home subscribers and single copy readers and is published the last Sunday of every month. 2-page Advertorial -1 0-consecutive issues, Full Color $25,500 Articles, photos and all other information would be provided by City of Palm Springs. Production fee (Includes 8 hours of production) Deadline for each issue of camera ready materials would be 30 days prior to publication How Green is Coachella Tabloid Product at the Ciy's discretion This is a Special Section tabloid publishing on April 18 focusing on Green Cities, Businesses and Products available in the Coachella Valley Back cover/Full Color if available $2250 Full Page/ Full Color $1850 TERMS AND CONDITIONS 1) No other discounts apply. Paragraph 2 of the Advertising Contract is amended to read: The terms of the Agreement shall be for a period of twelve (12) months commencing on July 1, 2010 through June 30, 2011. Below reflect your Classified rates and do count towards contract fulfillment Affidavit Fee --- -- •__,.,. $10/per affidavit Effective 03-01-10 an affidavit processing fee will be charged per affidavit. Legal Advertising Rates 830/ line Classified Advertising Rates Recruitment line Rate $3/line 30 day CareerBuilder.com Job Posting must be purchased in conjunction with each recruitment ad for$225 Classified Public Notice Line Rate 750/ line ACCEPTED CITY OF PALM SPRINGS THE DESERT SUN David H. Ready, City Manager Dominique Shwe, Advertising Director ATTEST: Sherri Maurer, Controller James Thompson, City Clerk Richard A. Ramhoff, Publisher -2- 6