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A5109 - DESERT SUN ADVERTISING CONTRACT
®�.. DESERT SUN MEDIA GROUP RECEIVED nt.rr.tz1 I,L;N ADVERTISING AGREEMENT APR 11 2913 11191A GROUP .0 "'""' FINANCE DEPARTMENT TDS Account Number: 212271 THE DESER�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 Newspaper's 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 terns 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 Newspaper's 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 inured 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. T 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 w th 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 Advertiser's 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/AQ043 02 damages,costs and expenses,of any nature wndtsoever(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 Newspaper's 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 learsheets 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 charge. 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 Newspaper'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. ADVERTISER AGENCY MASTER FILE MAINTENANCE City of Palm Springs v)X❑ New Contract Name Name ❑ Upgrade from 3200 East Tahquitz Canyon Way ❑ Downgrade from Business Address Business Address Q Renewal Palm Springs,California 92262 v/12 months4/1/13—03/31/14 City, State Zip City, State Zip Term (Length of Contract) 760-323-8132 4l1/13 Telephone Number Telephone Number Effective Date of Contract Lisa Shore Signature Signature Account Executive Tony Elam Print N5m nd Ti Print Name and Title Advertising Man g � i Sara Weaver Dates Date Advertising Dir APPROVED BY CIT(Gpt,�!�IC UD, �n�� "a0 A� ATTEST• icy Clerk 1p,S TO FORM 'to Desert Sun Media Group Advertising Agreement 2/4/2013 03 DESERT SUN MEDIA GROUP DATE: 01/01/2013 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,effective17�1$g13 �- through 42113112013.This Addendum is designed to reach the target audiences for City of Palm Springs by utilizing the Desert Sun Media Group(DSMG)multi-media solutions. The rates herein are F 91 A Mull ' based upon a 65660 minimum revenue commitment for the contract period. Q " ;.IR�1RM IDA 'f_Q S1:' , Ili {i31 li��I ill -tse Ili' 11 (u s_ Multi-platform Powerful Reach! + 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. 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. It's a fact that people research health issues and conditions online. Be there for them as they're engaged in their searches! Reach LA County,Orange County,San Diego County, and CANADAI 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 Yahool 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 DESERT SUN MEDIA GROUP DATE: 01/01/2013 ADVERTISING ADDENDUM for: City of Palm Springs Account#212271 (Departments:1114,1150,1231,1270,1400,2510,2550,2710,3010,60031 0-mas i fEDiUM- ''_c` (� I'I14 h Z III'hii a tiGucnfii5 :� - § nddiili���l�� =_s =10N The Desert Sun Y1E(InCiCUP BIWRate: 534. per column inch, black&white(Mon.-Fri.) BfW Rate: $4, Per column inch, black&white(Sat./Sun.) Color Rate: $18 per column inch Legal Advertising 1,'09 per line per day Festival of Lights Ad Match TBD based on Event Sponsorship between TDS and the City of Palm Springs Digital Advertising MyDesert.com Launchpad I Pencil Ad$535.50 per day(based on 16,666 imp. per day) $31.12 cpm Community Page Sponsorship-Palm Springs-30,000implmo.$5cpm -$'l501month (12 months) Leaderboard (728x90) Desert Magazine 2-pg Advertorial $289'0. per issue(full color,5 issues required) Desert Outlook Magazine Full Page Sept-June $850/month Half Page- Sept-June $55031month Glossy Insert Express 6 000 copies $57 CPM (size 8.5"x 11". 2-sided) (printing and insertion) MyDesert Weekly-West/Mid/East Full page $9Q0 per ad per week(full color) Full page $fi60 per ad per week(B&W) MyDesert Weekly-West Valley Newsletter 4-page spread 53872(Full Color, 3 issues required) 6-page spread $48Q0(Full Color) 8-page spread $5200(Full Color) Over-run option $2s0 per 1 K copies Production Fee $360 8 hrs of production time;$TSfhr additional f : } •r a. fE� '� DESERT SUN MEDIA GROUP DATE: 10/23/2012 ADVERTISING ADDENDUM for: City of Palm Springs Account#212271 (Departments: 1114,1150 1231 1270 1400,2510,2550 2710 3010 6003) . . ❑Estar sera M E 01 A G R U U P 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 Deser!Sun.'arr,la�:�ro.; spending trend,the rates and overall program are subject to change. 3. City of Palm Springs'signature below signifies acceptance of the Contract Addendum 75 NIA Gene'11!7y proposal. ^a'a;S{;iina�.CA�R67 UTHORIZE!,B'I'. m0ne ra^I DESERT SUN MEDIA GROUP Lisa Shore, Media Sales Strategist NAME/TITLE o 760.778.4684 1 m 760.831.5225 c%�"' .✓AG Iisa.shoreCaVhedesertsun.com DATE S aver Sal & rketin irector t APPROVED By CITY COUNCIL - Mark J.Winkler,,) resident &Publisher Sherri Maurer, Controller ATTEST: ;�ity Clerk Page 3 of 3 i1wDmiltsmmye - ... ........ ... the Desert SUn 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 to run in Area(s)as checked below O Classified 0 CAP Q National II.Type of Contract: CThe Desert Sun Bulk x Attached (See addendum) 1. The Advertiser shall purchase a minimum of t sand rUe[�rgper next 10 months 9. Advertiser agrees to indemnity,defend,and hold harmless the Company for all Clalrr at the rates indicated on the Company's(net,gross)rate schedule,which Is Inepiporated (whether valid or Invafld), suits, judgments, proceedings, losses, damages, costs an herein by reference and made part of this Agreement;subject'to"tile rate revision proviisfons expenses, of any nature whatsoever(including reasonable attorneys' fees) for which th of paragraph(4)below. The Advertiser acknowledges receipt of a copy of,Company's rate Company or any of its aftirrates may become liable by reason of the Company's publication h schedule, in the event that-any terns or conditions of the rate schedule conflict with the Advertisers advertising, terms of this Agreement the tents of this Agreement shall govern, 10. All advellsing copy which represents the creative effort of the Company and/or th 2. 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 an revision as provided In paragraph(4). remains the property of the Company including all rights of copyright therein. Advertise 3. 8 comml understands and agrees that it cannot authorize photographic or other reproductions,in whol y thing 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 writte Agreement.the Advertiser is being given a special discounted.rate. 1t�uAag the�arer of this consent of the company, this"OF Mail be Fad, 11. Whenever In the judgment of the Company any advertisement bears resemblance I news mdtter, or is of such a character as to convey to the reader that it is news, t adverhaments In cartoon technique or comic strip form,classificatlon head"advertisemen will be placed over the column. 4. The C 12. A o mposidon charge in addition to contract or transient rates shall be paid by advertise ompany reserves the right to bicrease 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 diffrcu 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 now rate or arm becomes effective, without penalty rate, provided immediate payment in full is made of al obl gatiom 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 data of the new rates ofAdvertiser sintent to disoontnua.- 14.The Company shall not be responsible for any drawings,artwork,photographs,engravin• 5. The company may,In its sole discretion,edit casslfy or reject any Om any advertising plates,or mechanlcals furnished by the Advertiser to be used in adverlisements unless writte copy submitted by advertiser. Instructions to return at Advertiser's expense are furnished with order. 15. When orders are furnished by agency or Advertiser which contain Incorrect rate c 6. Advertiser shalt pay for the advertising purchased under this Agreermt according to conditions the advertising called for will be inserted and charged at the rate In force govemin! the terra indicated on the Company's statement for the previous billing .pwW'3 such advertising as provided for in the Company's rate schedule,as may be revised pursuar advertisements,or upon presentation of a bi 1,and,in the event that the Advertiser faits to to Paragraph 4 above and in accordance with the conditions contained herein.If orders are nc 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 befor and/or Immedlately 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 exists,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 th, is canceled due to Advertisers failure to make timely payment Company may re-b!R the Company at the request of the Advertiser,and for composition If advertising ordered is nc Advertiser for the outstanding balance due at the open or earned contract rates,whichever is published, applicable. 7. This 17,Advertiser agrees to pay position charges as stated in rate card. Agreement canrwt be invalidated for typographical error, incorrect insertions or omissions In advertising published, The Company agrees to run corrective.sctvertsermls 18.Specllcaflons on orders for the use of any page or barring the placing of advertising on an 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 an, tYpogmfhrcai ermG 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 advertisements.Initial here: 19. Conditions under which advertising is accepted under this Contract require that a advertisements running Full Run must be the same In size and In copy except for addresse: and appear In all areas specified in this contract within a seven day period. When advertising 6. 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 be 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 the severely liable.for payment and for compliance with all of the temps and ODndftions of this expanded coverage rate for two or more areas according to the schadule'of current advertisint Agreement. All rates quoted are net. rates In effect a the time such space is used. Rebates and short rates do not apply h advertising which is In addition to a Full Run contracted for hereunder, placed in individue areas,nor does such addPBonal advertising space count towards the campleticm of the Full.Rur 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 special rate material or on the scale of advertising space,such taxes shag be assumed and id the a P si g within Bt Advertiser. Pe by agreeing In Paragraph 1 to place et bast a specified amount of advertising within the Newspaper during each term of this agreement,you as the Advertiser have been given specie discounted rate. If you are unable to fulfill this obligation within the term of this Agreement(i.e. 21.This agreement may not be assigned or transferred by Adver"ancy If you don't place the amount of advertising you have committed to in Paragraph 1),within tht period set forth in this Agreement,the amount of advertising you do place may not qualify yot 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 CHARGES satisfactory credit check of the Advertiser and/or its agency, Company may require advance TO YOU AS THE ADVERTISERI By signing this Agreeme- that yet payment for all advertising placed by Advertiser or Its agency if periodic credit checks are not satisfactory. Nift- 11 the VAPOR SHOW Of empaqq wadi, 24.This agreement constitutes the ocmplete understanding of the parties and supersedes al pdor agreements,understandings,negotiations and/or arrangements between the parks anc cannot be amended except In writing and signed by both parties. This Agteamant shad ba governed by and construed In accordance with the laws of the state of California. (Sales Representative, N &No.) Anthony Rios 006 Department Ma ger Da na Smith Date 08-26-10 KoJ AGENCY ADVERTISER _ City of Palm Springs Name Name Add .. Billing Address Springs, CA'92263 P.O. Box_ 2743, _Palm 5 r Corp. Name if different Corp name if Different 760=323-8204 Phone Number Phogifumber x Title and Signature I David H. Ready, ity Manager•?�T x x Date Print Name&Title MASTER FILE MAINTENANCE CL4aLj4—,Date ' O Non-Profit O Agency O Political APPROVED BY CITY COUNCIL Effective Date Account No. O New Account --- Prepared by O New Contract A. Rios O Upgrade From Approved by O Downgrade From Mty Clerk O Renewal Fax Disclosure Umbrella Contract For: You may nswest that rho Ligsart Sun not send any future advertisements to a fax maoWne. our failure to comply with your request%Wthin 30 days Is unlawful. To request that The Desert Sun does not send any future advertisements to a fax maciiine,you roust call(760)778434,fax the request to(760)778 4546 or send the Mueo to Wq let us the nu a of the fax machine, APPROVED BY CITY COUNCIL � o � a Thebeser-t5un myd ese rt . ca 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 Advertising 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 Advertising Rates Monday-Thursday $36.75/inch Friday-Sunday $44.50/inch Regular rate card discounts apply. 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 $11/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 Advertisin Palm Springs Page 50% Sponsorship Ldr srd(728x90 pixels)a Skyscraper(160x600pixeis)$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 y will be re-visited _ -1- 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 $37601 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 Overrun option: 1000 copies $260 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 Magazine 2-Page,Advertorial Desert Magazine covers all home subscribers and single copy readers and is published the last Sunday of every month. 2-page Advertorial—(8)-consecutive issues, Full Color $20,400 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 City's discretion This is a Special Section tabloid publishing on April 1815focusing 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 $30/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 7501 line ACCEPTED CITY OF PALM SPRI TH DES T UN David H. Ready, Ci ager Do i e e, dvertising Director ATTEST: A , ,m�� APPROVED BY CITY COUNCIL Sherri Maurer, Controller J es Thompson, City Clerk Mirk Winkler, Publisher -2- tr rslyWVR 1 "' a DeservqUn ADVERTISING CONTRACT P•!�;ko� Account# 211319 Date 09-15-10 THIS AGREEMENT is made on 27 day of September Between The Desert Sun Publishing Co. Inc., (hereinafter called the"Company) Palm Springs International Airport DBA City of Palm Springs Located at P.O. Box 2743 City: Palm Springs State: CA Zip: 92263 (Type of Business) Airport (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 25-th usand dollars per next 12 months 9. Advertiser agrees to indemnity, defend,and hold harmless the Company for all Claims 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 and 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 the 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 publication of 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 2- 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 and revision as provided in paragraph(4). remains the property of the Company including all rights of copyright therein. Advertiser understands and agrees that it cannot authorize photographic or other reproductions,in whole 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 written Agreement,the Advertiser is being given a special discounted rate. if during the term of-khis consent of the Company. 11. 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 dMGGUnted open rate and advertisements in cartoon technique or comic strip form, classification head"advertisement" will be placed over the column. 12. A composition charge in addition to contract or transient rates shall be paid by advertiser 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 difficult 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,engraving plates,or mechanicals furnished by the Advertiser to be used in advertisements unless written 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 or 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 governing 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 pursuant 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 not 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 before 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 the is mneeled 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 not 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 any 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 and 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 all advertisements.Initial here: advertisements running Full Run must be the same in size and in Copy except for addresses and appear in all areas specified in this contract within a seven day period. When advertising 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 be 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 the 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 advertising Agreement. All rates quoted are net. rates in effect a the time such space is used. Rebates and short rates do not apply to advertising which is in addition to a Full Run contracted for hereunder, placed in individual areas,nor does such additional advertising space count towards the completion of the Full Run 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. By 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 the Advertiser, Newspaper during each term of this agreement,you as the Advertiser have been given special discounted rate. If you are unable to fulfill this obligation within the term of this Agreement(i.e., 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 the period set forth in this Agreement,the amount of advertising you do place may not qualify you 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 CHARGES satisfactory credit check of the Advertiser and/or its agency. Company may require advance TO YOU AS THE ADVERTISER! payment for all advertising placed by Advertiser or its agency if periodic credit checks are not satisfactory. oF this agenGy an the written Gen6ent of the Company's GI depanment it as further agreed that the Company does not al;Gapt adVIRAGiRg OWNS OF 15POGO 24.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 both parties. This Agreement shall be governed by and construed in accordance with the laws of the state of California, (Sales Representative, Name& No.) AnthonyRios# Department Marlager Da na Smith Date 09-27-10 AGENCY ADVERTISER Palm Spring International Airport DBA City of Palm Springs Name Name 3400 E. Tahquitz Canyon Way, Suite OFC, Palm Springs, CA, 92262 Address Billing Address Corp. Name if different - _ - - f - _ Corp name if Different_..__ 760-318-3807 Phone Number Phone Numb e x x "� Title and Signature Si Date Print NameS Title x e r,CLOLe— MASTER FILE MAINTENANCE Date O Non-Profit OAgency O Political Effective Date _ Account No. 211319 O New Account APPROVED BY CITY COUNCIL 09-27-10 10 a Prepared by xNew Contract -- . _ -- A. Rios O Upgrade From S.,44PPROVED BY CITY MANAGER Approved by It 00 O Downgrade From Dominique Shwe O Renewal ax bisclosure 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,tax the request to(760)778- 4546 or send the request to faxoptout6biheclesealln.com and tell us the numbers of the fax machine. The. iDesert ,%M myd ese r~ t . co m This Advertising contract addendum is entered into by the Palm Springs International Airport DBA City of Palm Springs and The Desert Sun as of September 27th, 2010. This addendum is effective September 27th, 2010 through August 27th, 2011. The following account Palm Spring International Airport DBA City of Palm Springs [211319] account included in this contract: This Advertising contract addendum becomes Paragraph 24 of the Advertising Contract between the Palm Springs International Airport DBA City of Palm Springs and The Desert Sun. Paragraph 1 of the Advertising Contract is amended to read: 1. The Advertiser shall purchase a minimum of$25,000 per the next 12-months at the rates and discounts as indicated below: [Rates are based on a $25,000 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. The following elements compose the media buy from the Palm Springs International Airport. The Desert Sun Premium Position Sunday Travel Page Ear • 52 consecutive weeks on Sunday Travel Page • Top Right Ear Position/Full Color • The ad size is (3.25 inch W X 1.65-inches T) This advertising position targets Desert Sun home subscribers and single copy readers by reaching over 158,000 adults each Sunday in the Coachella Valley. By targeting the Travel Section of the Desert Sun you should maximize your exposure for the Palm Springs International Airport user. Online Advertising on M Desert.com and Metromix.com 12 consecutive months on Mydesert.com Home Page of Visit My Desert tab • 50% Share of Voice • Top Poster 300x250 (size in'pixels) o Included with a enhanced Metromix.com directory listing This advertising position targets locals and visitors to the Coachella Valley searching for information about Palm Springs. Any material change in program will require materials 72 hours prior to live date. Desert Magazine 0 8 consecutive issues • '/z page Horizontal ads/Full Color • 7.187-inch wide X 4.75-inch tall Desert Magazine is delivered to home subscribers of The Desert Sun one Sunday a month, it benefits from The Desert Sun's unparalleled reach in the Coachella Valley. Deadline for each issue of camera ready materials would be 30 days prior to publication -1- Eisenhower Healthy Living Magazine • 3 consecutive issues • '/Z page Horizontal ads/ Full Color • 8.25-inches wide X 4.937-inces tall Eisenhower Healthy Living Magazine readership includes a sophisticated community of Eisenhower benefactors, board members, trustees, physicians, members of the Center for Healthy Living, and residents of the Coachella Valley's most affluent country clubs. Deadline for each issue of camera ready materials would be 30 days prior to publication TERMS AND CONDITIONS 1) No other discounts apply. Paragraph 2 of the Advertising Contract is amended_to read: The terms of f ththe Agreement shall be for a period of twelve (12) months commencing on September 2 , 2010 through August 31st, 2011. ACCEPTED CITY OF PALM SPRINGS E ESERT SUN David H. Ready, City ger Dorn n a Shwe, Advertising Director ATTEST: IT Cl.c.t A- Sherri Maurer, Controller mes Thompson, City Cler ark Winkler, Publisher APPROVED BY CITY COUNCIL 1t.19 -. VO4'PROVED BY CITY MANAGER -2- i oert u myJese rt.com ADVERTISING CONTRACT ADDENDUM NO. 2 BETWEEN THE DESERT SUN AND THE CITY OF PALM SPRINGS The parties desire to further extend the contract agreement time line for fulfillment of the contract amount. Remainder of revenue contract =$21082.00 This Advertising Contract Addendum No. 2 is entered into by The Desert Sun and the City of Palm Springs as of August 1, 2009. This Advertising Contract Addendum No. 2 is effective August 1, 2009 through December 31, 2009. All other terms of the Advertising Contract and the Advertising contract addendum remain in full force and effect. See attached for original agreement. APPROVED AND ACCEPTED: CITY OF PALM SPRINGS THE DESERT SUN David H. Ready, Ci ger Dominique Shwe, Ad Director ATTEST- _r 7 -7 D9 J' es Thompson, City Clerk Dayn� Smith, Ad Manager Slgned_Original Agreement on File Not to Exceed $ pS/ .52ar r�r II Without The Expre s Written Au ac O��E Via, Ti0 - Mane reration Of The City a g wa s APPROVED BY CRY COUNCIL 0'_ 7'a 7. a 7 3a Zvag� 2M w .•- , ASta�1 APPROVED BY CRY[AANAGER 07 Z6jZooq ,46fo Y � 1 1 R�R1iN T0:�y` Thebesert5un UTY OF PALM S-PPINCs ���ir`� 80X2743 thedesertsun . com PALM SPRINGS,cA 92'-' 3 This Advertising contract addendum is entered into by the City of Palm Springs and The Desert Sun as of August 1, 2008. This addendum is effective August 1, 2008 through July 31, 2009. The following current City of Palm Springs [CIT009] accounts are included in this cont-act: 200236, 200584, 200786,203016, 211319, 212040, 212271, 212656, 213887, 214072. This Advertising contract addendum becomes Paragraph 24 of the Advertising Contract between the City of Palm Springs and The Desert Sun. Paragraph 1 of the Advertising Contract is amended to read: 1. The Advertiser shall purchase a minimum of $60,000 per year at the rates and discounts as indicated below: [Rates are based on a $60,000 annual revenue commitment.] For services not listed, the rate shall be set forth at the rates indicated on the Company's (net, gross) 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 Advertising Rates Monday-Thursday $36.751 inch Friday-Sunday $44.501 inch Regular rate card discounts apply. 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 $11/ inch One color $ 81 inch Online Advertising Palm Springs Section Sponsorship Leader Board (728xgQ pixels) $75/month This advertising position targets viewers searching for information on the Palm Springs page of mydesert.com with an estimated w)d (impressions per month 10V Qom' 9ayn.i.`W-1k Legal Advertising Rates 820 / line ry Classified Advertising Rates Recruitment Line Rate $31 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 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 20,000 copies are delivered. 4 page spread, including full color 3 issues per year $30001 issue Over run option: 5000 copies $750 Production fee $300/ issue Includes 4 hours of production. Articles, photos and all other information would be provided by City of Palm Springs. Additional production time $75/ hour Deadline for each issue would be 10 business days prior to publication REBATE INCENTIVE If City of Palm Springs meets or exceeds annual revenue of$75,000, The Desert Sun will rebate back to City of Palm Springs 5% of incremental advertising dollars over $75,000, Such rebate will be in the form of a credit for advertising on the following month's invoice. TERMS AND CONDITIONS 1) No other discounts apply. 2) If, at contract expiration, City of Palm Springs has spent fewer than $60,000, City of Palm Springs will be re-billed at applicable rate card rates, or for the difference between what was spent and the 1000" contract level, whichever is less- -2- Paragraph 2 of the Advertisinq Contract is amended to read: 2. The terms of the Agreement shall be for a period of one (1) year commencing on August 1, 2008 through July 31, 2009. ACCEPTED CITY OF PALM SPRINGS TH ;EE T SUN David H- Ready, Ci ger A r c or ATTEST. Sherri Maurer, Controller ?ames Thompson, City Clerk Rich RamrafF, Publisher APPROVED BY CITY COUNCIL ;Ty AS TOVt—Grna—y RETURN To:ry Clint CLERK CITY gF PALM SPRINGS @OX 2743 PALM SPRINGS,GA 92263 -3- DOCUMENT TRACKING Page: 1 Report: One Document Detail July 16, 2008 Condition: Document Number a5109, Document# Description, Approval Date Expiration gate Closed Date A5109 Advertising 1 2/2 012 0 0 4 Company Name: Desert Sun Address: , , Group: ADMINISTRATION Service: In File Ins. Status: New Entry, Inactive Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid 001 New Document Added 03/12/2008 " * * * * END OF REPORT 1Ib �B The Desert Sun Advertising Contract AGREEMENT #5109 "�� %�1,� L• Assist. CM signed, 12-20-04 e D va,,53 le r t SUn ADVERTlSw,-. %.A Account # C �� © � Form Number_ Date _) 2�_ ) `_I THIS AGREEMENT is made on the day of 0_12�C between The Desert Sun Publishing Co. Inc., (hereinafter called the "Company") and / 34— rax/V11� Located at 31?0D L r City State—C-1Hzip C4Z,.Z(D (Type of Business) (hereinafter called the "Advertiser"). I. The Company is hereby authorized to insert: _V Retail T] Classified U CAP J National to run in Area(s) as ,chh cked below II. Type of contract: 1 The Desert Sun U Pure Gold J Weather Page ❑ Frequency ❑ Preprints x iJ CVTV J Next Magazine Weekly x O Sun Extra iJ New Business Plan D Hotel/Resort Monthly x 1 The Advemsei shall purchase a minimum of-14 000 r„Lk«per (whether valid or invalid), suds, judgments, proceedings. losses, damages, costs and at the rates indicated on the Company's(net,gross) rate schedule whir.h4 incorporated expenses,of any nature whatsoever(including reasonable attorneys'lees)for which the herein by reference and made part of this Agreement.subject to the rate revision prnVl- Company or any of its affiliates may become liable by reason of the Company's sinus of pa:aarap•h. (4) below The Advertiser acknowledges receipt of a copy of pubbcalion of Advemser's advertising Company s rate schedule In the event that any forms or condilmns of the rate schedule 10 All adveNsmg copy which represents the creative sit or1 el the Cam pa cry aodior the conihci cnlh the joints of this Agreement,the terms of this Agreement shall govern utilization of creativity,illustrations,labor,composition or material furnished by if.is and 2 The term of the Agreement shall beC-lhgrom the sale hereof.and it shall remains the properly of the Company including all rights of copyright therein Advertiser be automatically renewed for each like period erection unless either party gives written understands and agrees that it cannot authorize photographic or other reproductions,in notice to the contrary prior to the anniversary date,or prior to a rate revis on as provided whole or in part,of any such advertising copy for use in any other medium without the in paragraph(4) prior written consent of the Company 3 9•:commilting Is purchase a minimum amount of advertising donna each term of the 11 Whenever if the judgment of the Company any advertisement bears resemblance to Agreement.the Advertiser is being given a special discounted rate If during the term of news mailer, or is of such a character as to convey to the reader that it is news, or This Agreement the Advertiser shall use more or fewer pages/inches/columns/lines/dot- advertisements in cartoon technique or comic Strip form- classification hood lars!lml than the amount agreed to in paragraph (1) above.Advertiser's rate for aft 'advertisement'will be placed over the column. space used during this year shall be reduced or increased,if applicable.to the appropriate 12 A composition charge in addition to contract or transient rates shall be paid by earned rate or non-discounted open rate and The Advertiser shall pay.or receive a credit advertiser for intricate layout,copy calling for type to be set on the bias,circles and other for. the difference up to a ceiling of 2 levels. Rebates will be applied to balances due the difficult composition and revisions of original copy. Company,if applicable 13. Advertisements in excess of 19 inches in depth shall be billed at a lull column. 4. The Company reserves the right to increase the contract rate from time to time,as well 14. The Company shall not be responsible for any drawings, art work, photographs, as realign areas,graving the Advertiser the option of continuing at the new rate or in a rea- engraving, plates, or mechanicals furnished by the Advertiser to be used in Ilgned area or discontinuing when the new rate or area becomes elfective,without penally advertisements unless written instructions to return of Advertiser's expense are furnished rate,provided Immediate payment in full is made of all obligations due under the contract with order prior to the dale of discontinuance,and that the Company Is called in writing prior to the effective dale of the new rates of Advenisens intent to discontinue. When orders are furnished by agency or Advertiser which contain incorrect Far cote conditions the advertising called for will be inserted and charged at the rate in force 5. The Company may, in its sole discretion, edit, classify or reject at any time any governing such advertising as provided for in the Company's rate schedule,as may be advertising copy submitted by Advertiser. revised pursuant to Paragraph 4 above and in accordance with the conditions contained herein. 6. Advertiser shall pay for the advertising purchased under this Agreement according To the terms indicated on the Company's statement for the previous billing period's 16. The Advertiser agrees to pay for all special art work and materials furnished by the advertisements,or upon presentation of a hill,and,in the event that the Advertiser fails to Company at the request of the Advertiser.and for composition if advertising ordered is not make timely payment as provided for in the invoices, Company may reject advertising published. copy and/or immediately cancel this contract, and Advertiser agrees to indemnity 17 Advertiser agrees to pay position charges as stated in rate card. Company for all expenses incurred in connection with the collection of amounts payable under this contract, including court costs,attorney fees, and 10%interest charge per 18 Specifications on orders for the use of any page or barring the placing of advertising annum.It this Agreement is canceled due to Advertiser's fallure to make timely payment, on any page or relating to the kind of news or advertising on the page shall not be Company may re-bill the Advertiser for the outstanding balance due at the open or earned guaranteed and shall be treated as requests only. contract rates,whichever is applicable. 19. Conditions under which advertising is accepted under this contract require [hat all Agreement cannot be invalidated for typographical errors,incorrect insertions or advertisements running Full Run most be the same in size and in copy except for 7. this A 9addresses and appear in all areas specified in this contract within a seven day period. omissions in advertising published.The Company agrees to run corrective adverlisemenls When advertising is used In addition to Full Run it will be charged at the rate at which the for that portion of the first insertion which may have been rendered valueless by such Advertiser would be charged under an individual base area contract (for the amount of typographical error,wrong insertion or omission-Advertiser shall notify the Company of space)for the first area at the expanded coverage rate for two or more areas according to such errors in time[or correction before the second insertion The Company shall not be the schedule of current advertising rates in effect at the Time such space is used Rebates liable to Advertiser for any loss that results from the incorrect publication or omission of and short rates do not apply To advertising which is in addition To a Full Run contracted for its advertisements. hereunder,placed in individual areas, nor does such additional advertising space count 8. Agency commission,if any,shall apply to all space charges and adjustments under This inwards The completion of the Full Run space contract contract. If Advertiser utilizes an agency,the Advertiser and the agency shall be jointly and 20_ In the event any federal, slate, or local taxes are imposed on the printing of severally liable for payment and for compliance with all of the terms and conditions of this advertising material or on the sale of advertising space,such taxes shall be assumed and Agreement All rates quoted are net. paid by the Advertiser 9 Advertiser agrees to mdemndy,defend,and hold harmless the Company far all claims 21 This agreement may not be assigned or Iransterred by Advertiser/agency 22 At the Company's sale discretion the effectiveness of this agreement is subject to a Agreement you are acknowledging that you are hereby agreeing to pay any s satisfactory credit check of the Advertiser and/or its agency Company may require additional"short rate' charges.IThis Agreement renders void any statements cancer, advance payment for all adverhang placed by Advertiser or its agency If periodic credit liability which appear on correspondence from the Advertiser or this agency ant checks are not salistaclory. irrevocable without the written consent of the Company's credit deparlmenl.II is hurt 2 "agreed that the Company does not accept advertising orders or space reservati� 3. PLEASE MAKE NOTE BEFORE SIGNING.This Agreement is a special rate contract claiming sequential handily I By agreeing in Paragraph 1 to place at least a specdded amount of advemsdng within the Newspaper during each term of Ibis Agreement,you as the Advertiser have been given 24 This Agreement constitutes the complete understanding of the parties [ special,discounted rate.If you are unable to fulfill this obligation within the term of this supersedes all prior agreements, understandings negotiations and/or arrangeme Agreement if e,it you don't place the amount of advertising you have committed to in between the panes and cannot be amended except in writing and signed by both part Paragraph 1).within the period set forth in this Agreement, the amount of advertising This Agreemenl shall be governed by and construed in accordance with the laws of you do place may not quality you for any discount than that uttered herein THIS COULD state of California RESULT IN ADDITIONAL CHARGES TO YOU AS THE ADVERTISER! By signing this r-> T7 L 4AX_ ) t_ �a "(Salesepresentative Name & No.) - a (Department Manager) - cp ;:; Date — AGENCY ADVERTISER _64—F LWL �;(d/t t�vthrS Name I Name s� s ,c� aa Address Address Corp. Name if different Corp. Name if different Phone Number / Ph ne Number Title and Signature Date Print Nam41 Title MASTER FILE MAINTENANCE Date4Effective Non-Profit J Agency J Political ❑ D to Account No. G�T"00q J New Account � C�NLC� Ped By J New Contract J Upgrade from Approved By �J Downgrade from Billing Address: (If Different from above) J Renewal Umbrella Contract For: (Customer Number & Business Name)