HomeMy WebLinkAbout298197 COMCAST SPOTLIGHT - CONTRACT - CONTRACT - 4407755AGREEMENT
Primary Ref #:
FortCollins
New Client?
Yes
Contract file #
A.E. name
Krista Maloney
T
Date
Date 11/18/04
Ccomcast
.a.
s P 14 L I G H T
Client Name & #:
THE CITY OF FORT COLLINS CARPOOLING -GENERAL
Billing: Standard Custom
X
Start
Date 11/23/04
Agency Name & #:
Status: Active or Hold
X
Stop
Date 12/26/04
Remarks PO # NEEDED
FORT COLLINS
Rep Firm Name & #:
Contract Standard / promo-psa / co-op
Type X
Date
Entered
REVISION: DATE:
NEW ORDER: DATE: 11/18/04
CANCELLATION: DATE:
Billing Address:
250 NORTH MASON ST.
Affidavit (notary) (no -notary) (none
Type D
Entered
By:
FORT COLLINS CO 80524-4407
'Secondary
Reference #:
Schedule to Order is rtona c
follow Complete Attached
Send invoice to attention of:
(if applicable) SYLVIA CRANMER
Name of
Package:
# of spots
per order: 515
Zones:
Order Approved:
Telephone:
970- 224-6182
Product Category
1 CITY GOV
Make Goods
Acceptable: Yes
Pre-emptalbe?
No
Total $$'s
per order $10,000
Line #
Network
Headen
#
Week
Type
Start
Date
Stop
Date
Days Authorized
Start
Time
Stop
Time
Total
Sots
Unit
Cost
Total $'s
Per Line
Spot
Length
Ad
Co
Mon Tue
Wed
Thur
Fri
Sat
Sun
MASTER CONTRACT FOR THE CITY OF FORT
COLLINS
SMART TRIPS -CARPOOLING GENERAL PUBLIC
5 WEEK FLIGHT FOR HOLIDAYS
SPECIAL CONCERNS OR OBLIGATIONS:
CITY TO PROVIDE :30 SECOND COMMERCIALS
JAN
MAR
MAY
JUL
SEPT
NOV
FEB
APR
JUN
AUG
OCT
DEC
AUT ORIZED BY ADVERTISER/AGENCY DA E
KRISTA MALONEY 11/18/04
common on tcifs/ tci media services/ blank agency contract AUTHORIZED BY CABLE SYSTEM ADVERTISING DATE
By signing the above Advertiser/Agency agrees to the terms and conditions as set forth on reverse side.
AGREEMENT
CLIENT PAGE 2
NAME THE CITY OF FORT COLLINS-PARENT CARPOOLING
Revision: Date:
Adjust Billing To:
Ccomcast
*,f *T L I G H T.
r D *aa� T.
CONTRACT FILE
NUMBER TO REFERENCE:
Cancellation: Date:
Remarks
SCHEDULE
TODAY'S
DATE 6/28/04
ENTERED BY
New Order: Date:
X 6/28/04
Line #
Network
Headen
Week
Type
Start
Date
Stop
Date
Days Authorized
Start
Time
Stop
Time
Total
Spots
Unit
Cost
Total $'s
Per Line
Spot
Length
Ad Copy
Mon
Tue
Wed
Thur
Fri
Sat
Sun
WEEK 1
TWC
FTC
N
11/23/04
11/28/04
X
X
X
X
X
X
600
2400
28
$10.00
$280.00
30
SMART TRIPS
TLC
FTC
N
11/23/04
11/28/04
X
X
X
X
X
X
600
2400
28
$10.00
$280.00
30
"Holiday Carpooling"
HDLN
FTC
N
11/23/04
11/28/04
X
X
X
X
X
X
1700
2400
21
$20.00
$420.00
30
RUN 100%
TNT
FTC
N
11/23/04
11/28/04
X
X
X
X
X
X
2000
2200
12
$50.00
$600.00
30
TRAV
FTC
N
11/23/04
11/28/04
X
X
X
X
X
X
22001
2300
14
$30.00
$420.00
30
WEEK 2
A&E
FTC
N
11/29/04
12/5/04
X
X
X
X
X
X
X
600
2400
28
$10.00
$280.00
30
LIFE
FTC
N
11/29/04
12/5/04
X
X
X
X
X
X
X
600
2400
28
$10.00
$280.00
30
FXNC
FTC
N
11/29/04
12/5/04
X
X
X
X
X
X
X
1700
2400
21
$20.00
$420.00
30
CNBC
FTC
N
11/29/04
12/5/041
X
X
X
X
X
X
1900
2000
12
$50.00
$600.00
30
SPK
FTC
N
11/29/04
12/5/04
X
X
X
X
X
X
X
1900
2200
14
$30.00
$420.00
30
WEEK 3TWC
FTC
N
12/6/04
12/12/04
X
X
X
X
X
X
X
600
2400
28
$10.00
$280.00
30
DISC
FTC
N
12/6/04
12/12/04
X
X
X
X
X
X
X
600
2400
28
$10.00
$280.00
30
HDLN
FTC
N
12/6/04
12/12/04
X
X
X
X
X
X
X
1700
2400
21
$20.00
$420.00
30
TNT
FTC
N
12/6/04
12/12/04
X
X
X
X
X
X
2100
2200
12
$50.00
$600.00
30
ESPN 2
FTC
N
12/6/04
12/11/04
X
X
X
X
X
X
2100
2200
14
$30.00
$420.00
30
WEEK 4
ANP
FTC
N
12/13/04
12/19/04
X
X
X
X
X
X
X
600
2400
28
$10.00
$280.00
30
LIFE
FTC
N
12/13/04
12/19/04
X
X
X
X
X
X
X
600
2400
28
$10.00
$280.00
30
CNN
FTC
N
12/13/04
12/19/04
X
X
X
X
X
X
X
1700
2400
21
$20.00
$420.00
30
TLC
FTC
N
12/13/04
12/19/04
X
X
X
X
X
X
2200
2300
12
$50.00
$600.00
30
USA
FTC
N
12/13/04
12/19/04
X
X
X
X
X
X
X
1900
2000
14
$30.00
$420.00
30
WEEK 5
TWC
FTC
N
12/20/04
12/26/04
X
X
X
X
X
X
X
600
2400
28
$10.00
$280.00
30
DISC
FTC
N
12/20/04
12/26/04
X
X
X
X
X
X
X
600
2400
28
$10.00
$280.00
30
HDLN
FTC
N
12/20/04
12/26/04
X
X
X
X
X
X
X
1700
2400
21
$20.00
$420.00
30
TNT
FTC
N
12/21/04
12/26/04
X
X
X
X
X
X
2100
2200
12
$50.00
$600.00
30
FOOD
FTC
N
12/20/04
12/26/04
X
X
X
X
X
X
227
2300
14
$30.00
$420.00
30
CC.O171CCISt
SF":;TLtGHT-
TERMS AND CONDITIONS
The parties acknowledge and agree that the following terms and conditions set forth hereinafter shall constitute the terms and conditions of this Contract for cable advertising, and may not be modified except as prescribed below.
1) This contract for cable advertising is between Cable System and Advertiser on whose behalf the advertising s made, whether Placed by an Agency or by Advertiser. Advertiser shall be solely liable for
Cable System may accept payments from Agency on behalf of Advertiser; however, the acceptance of payments from Agency shall not relieve Advertiser or b f any liability for any amounts unpaid li Agency. AGENCY GUARANTEES PAYMENT
PERFORMANCE OF ADVERTISER'S OBLIGATION. It is acknowledged that Agency
Cable System has entered into this Contract in reliance upon these acknowledged
that nis Agent of Advertiser. Agency and Advertiser warrant and represent that Agency had the authority to bind Advertisertothe terms yments to an conditions rof this Contract annd thatthis Contract, except t
AND
2) The rate for the cable advertising purchased by the Advertiser shall be as stated on the Prot of this Acceptance and Confirmation. System reserves the right in connection with a general applicable rate adjustment, to change the rates
specified on the face of this contract for cablecasts hereunder by giving 30 days prior written notice of such rate adjustments to Advertiser. A commercial announcement is billable if it reaches 90% (threshold) of the subscribers in the con
geographic area.
n9 tes and charges
Adve
3) Payment by or on behalf of request,
suber mit
a ell be due upon receipt of an invoice from Cable System, except that Cable System, in its sole discretion, retains the right to require contracted for
Cable Systems will, upon request, submit a notarized affidavit of performance with the invoice for cable advertising. Advertiser and Agent agree to make full payment when due.
9 n payment in advance of the broadcast of the cable advertising
4) in the event that Advertiser or Agency fails to make the 9 Purchased hereby.
Payments due hereunder. Cable System reserves the right to cease all advertising for or on behalf of Advertiser, whether pursuant to this Contract or any other contract, and to terminate from such
Point forward its obligations under this Contract. In the event full payment is not made as and when called for, this Contract may be declared to be n default and all monies due Cable System shall be subject to an additional charge equal
on the outstanding balance or the highest amount permitted by taw, Advertiser and Agency further agree that if any invoice for cable advertising shall be placed in the hands of an attorney or agency for collection, Advertiser and Agency a
System's court cost, reasonable expenses of collection and reasonable attorneys fees incurred in collecting such invoices, but not in excess of the amount permitted by law. h
r9 q to 1 1/2%per month
5) Commercial announcements may be cancelled by the Cable System in its sole discretion upon 24 hours prior notice. Cable System reserves the right to cancel this contract upon default by advertiser in the payment on bills, for an g� to pay Cable
the terms hereof, and if Cable System determines that a commercial announcement fails to meet Cable Systems content guidelines, at any time upon notice whether given orally or in writing. In the event that Advertiser wishes to can
Contract, a Minimum u two weeks written notice must Cable
provided to Cable System. In the event of such a cancellation or modification Cable System shall have the right to re compute at the rate earned, the charges for the time a
reflected such
the then current rate card, rt the event Cable System is unable to fill airspace left open by Advertiser's and/or Agency's timely cancellation or modification, Cable System shall be entitled to the lesser of either a charge of 25o err malarial breach of
value of such cancelled or modified advertising, or the difference lo the contract value and the amount paid by a replacement advertiser, if Cable System s able to fill such airspace. actually
or modify as t this
dually used, as the rate
6) IF FOR ANY REASON THERE IS AN INTERRUPTION, DELAY, OR OMISSION OF ANY CABLE ADVERTISING TO BE BROADCAST UNDER THIS CONTRACT, CABLE SYSTEM MAY SUGGEST A SUBSTITUTE TIME PERIOD /° of the contract
NO EVENT SHALL CABLE SYSTEM BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS CONTRACT, INCLUDING BUT NOT LIMITED TO, THE FAIL
CABLE SYSTEM TO CABLECAST CABLE ADVERTISING OR, AS A RESULT OF ANY INCORRECT CABLECASTING OR ANY CABLE ADVERTISING. THE SOLE AND EXCLUSIVE REMEDY FOR LIABILITY OF ANY KIND SHALL
CABLE SYSTEM FURNISHING A "MAKE GOOD" OR, IF NOT FEASIBLE, THEN A REFUND OF THE PROPORTIONATE AMOUNT PAID FOR SUCH MISSED ADVERTISING. OD (" IM GOOD"). IN
FAILURE OR INABILITY OF
7) Cable System at all times retains the right to reject any and all advertisements submitted by Advertiser or Agency, whether due to technical quality, content (except for political advertising which is broadcast pursuant to the rovis' LL BE LIMITED TO
Communications hat Act of 1934, as amended) for financial reasons if Cable Systems feels, in its sole discretion, that Advertiser's or Agency's inability to pay Cable System is impaired or for any other reason, without seam t or rr uir
explanation whatsoever.
nece
P ions of Section 315 of the
8) Advertiser and Agency, separately and severally, warrant and represent that all music composition, copy or other materials used in connection with the cable advertising broadcast hereunder do not violate or infringe the q ement Of giving any
authorship of any person or entity. All advertising shall be free and clear for advertising without further payment of copyright or other fees or obtaining any consents or approval. Advertiser and Agency further warrant and re
advertising broadcast hereunder comply with the rules and regulatlons of the Federal Trade Commission. ADVERTISER AND AGENCY AGREE TO HOLD AND SAVE CABLE SYSTME HARMLESS AGAINST ALL LIABLILITY RE
CABLECAST OF CABLE ADVERTISING ON BEHALF OF ADVERTISER, AND SHALL INDEMNIFY CABLE COMPANY, ITS OFFICERS, EMPLOYEES AND AFFILIATED COMPANIES, FROM AND AGAINST ALL DAMAGES right, ownerships, or
EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) RESULTING FROM DEFENDING OR ANSWERING ANY CLAIM MADE AGAINST CABLE SYSTEM, ITS OFFICERS, EMPLOYEES AND AFFILIATED COMPANInt that the content of all
SUCH CABLECAST, INCLUDING BUT NOT LINITED T0, CLAINS BASED ON THE CONTENT OF SUCH CABLECAST, VIOLATION OF COPYRIGHTS, PERFORMANCE RIGHTS, LIBEL, SLANDER, AND ANY OTHER CAU SULTING FROM THE
ASSOCIATED WITH OR RELATED TO THE PRODUCTION, CONTENT, OR MATERIAL OF ANY ADVERTISEMENT SUPPLIED BY CABLE SYSTEM AND ITS RELATED ENTITIES. (ABILITY, COSTS AND
ES, RESULTING FROM
9) 7his Contract may not be assigned or transferred by Advertiser or Agency without written consent of Cable System. In the event this Contract is assigned or transferred by advertiser or agency, Cable System reserves the right E OF ACTION
structure, Further, any credit afforded the ass gnee or t ansferee must be approved in writing by Cable System prior to the assignment or transfer taking place.
10) This Contract shall be governed, construed, and enforced in accordance with the laws of the State of Colorado and Wyoming and of the United States. Advertiser and Agency agree and consent that any action, suit, or Proceeding to recomputed the rate
to enforce this Contract maybe brought in the District Court for the City and County of Denver, State of Colorado, Orin any other court having
Advertiser and Agency consent to the jurisdiction of each such court jurisdiction over the subject matter, all at the sole discretion of Cable System, and by execution of thistContrract brought
11) If any provision hereof is declared to be unlawful or unenforceable, any and all other provisions not affected thereby shall remain in full force and effect.
13) This Contract contains the entire agreement between the parties, and no change, modification or waiver of any of its terms and n ndu shall be effective unless made in writing and signed by all parties.
13) This Contract p subject to the terms and conditions of franchises and licenses held by System and all federal, State and oral laws, ordinances, rules and regulations.
15) The parties stipulate and agree that facsimile signatures are considered original for the purpose of executing this Contract
15) The Advertiser and/or Agen ge that there are two sides to this and agree to all the terms and editions contained on the front and back of this sheet.
ldverOser/A en e � {
9 cy:
Date: ll LZ> V 0