HomeMy WebLinkAbout2020-076 PO 20200322- National Cinemedia LLC Purchase Order
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Fiscal Year 2020 Page: 1 of: 1
CITY RECORDER T : d N %,(11
@gl ' `—*J
B City of Ashland „� his r 33Jai ��
I ATTN: Accounts Payable Purchase
LL 20 E. Main 20200322
Ashland, OR 97520 Order#
T Phone: 541/552-2010
O Email: payable@ashland.or.us
V H C/O Conservation Division
E NATIONAL CINEMEDIA, LLC I 51 Winburn Way
N PO BOX 17491 p Ashland, OR 97520
O DENVER, CO 80217-0491 Phone: 541/488-5306
R T Fax: 541/552-2050
7:1-7z MrA sI '_j=t' ] _ ; l —_—iJT
01/31/2020 1369 FOB ASHLAND OR/NET30 City Accounts Payable
_ =T'a= 3=1 E'ts'v=�e=�f�@eia --- ----=-- —_ _'_ �`�_;=.1�=�3� F-=Bfi °>!E J@=s
Conservation Advertisements
1 Water& Energy Conservation advertising at the two Ashland 1 $1,560.0000 $1,560.00
movie theaters. The advertisement will show during previews
before each movie during June-September 2020.
Per attached Order: ORD-2001-01284
Project Account:
Project Account:
*************** GL SUMMARY***************
010600-606100 $780.00
080600-606100 $780.00
•
By: ... ,f1,� Date: C3 L 1 a
Authorized Signature =J _e �= $1,560.00
FORM #3
-
!)e.,(_e_'6-if9
r,, CITY OF
A request fora Purchase Order
�y ASHLAND
REQUISITION ?�- '-
® �/ := e of request: '�?'.3.20
7 Required date for delivery: 1.22'i120!.
Vendor Name National Cinemedia
Address,City,State,Zip 6300 South Syracuse Way,Suite 300
Contact Name&Telephone Number Centennial,Colorado 80112
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding 0 Emergency
® Reason for exemption: Advertising 0 Invitation to Bid (Copies on file) 0 Form#13,Written findings and Authorization
® AMC 2.50 .090(1)(8) Date approved by Council: 0 Written quote or proposal attached
® Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than$5,000 0 Request for Proposal (Copies qn file) 0 State of Oregon
❑ Direct Award Date approved by Council: Contract#
❑ Verbal/Written quote(s)or proposal(s) ❑ State of Washington
Intermediate Procurement 0 Sole Source Contract#
GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) ❑ Other government agency contract
$5,000 to$100,000 0 Written quote or proposal attached Agency
❑ (3)Written quotes and solicitation attached ❑ Form#4, Personal Services$5K to$75K Contract#
PERSONAL SERVICES 0 Special Procurement Intergovernmental Agreement
$5,000 to$75,000 0 Form#9,Request for Approval ❑ Agency
❑ Less than$35,000,by direct appointment 0 Written quote or proposal attached Date original contract approved"by Council:
❑ (3)Written proposals/written solicitation Date approved by Council: (Date)
❑ Form#4, Personal Services$5K to$75K Valid until: _ (Date)
Description of SERVICES Total Cost
Water&Energy Conservation advertising at the two Ashland movie theaters. The advertisement ae` ; , ;,,,i- ?- i
will show during previews before each movie during June September 2020 , l4' ',
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
1 Movie Theater Advertisement Water $780.00
1 Movie Theater Advertisement Energy $780.00
eiTake AT
® Per attached quote/proposal " ,
$w1,560 00r.
Project Number - Account Number 080600.606100 Water by/$O.D .
-4;^.
Account Number - - - Account Number 010600.606100 Energy$1SO.0O
`Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support-Yes/No
By signing this requisition form,I certify that the City's public contracting requirements have been satisfied.
Employee: . . A ' r e,artment Head: ‘144120o
29 �✓Zo Zo
/ (Equalgreater than$5,000)
Department '.nager/Supervisor: City Administrator:
(Equal to or greater than$25,000)
Funds appropriated for current fiscal year: YES / NO
Finance Director-(Equal to or greater than$5,000) Date
Comments: ,
Form#3-Requisition
In-Theater Advertising Proposal
Prepared for City of Ashland
Created for Julie Smitherman
City of Ashland - Summer 2020
Ncilsm
AMERICA'S MOVIE NETWORK
January 27, 2020
Created by Kane Kennelley
Email: Kane.Kennelley@ncm.com
Phone: +1 (303) 957-1713
Fax:
Regional Insertion Order Agreement
6300 South Syracuse Way,Suite 300*Centennial,Colorado 80111 *800.828.2828
The advertiser listed below("Advertiser")desires to place the order set forth below("Order")with National CineMedia,LLC("NCM")for the regional exhibition of the advertising set forth below
("Advertising")under the terms set forth in this Regional Advertising Insertion Order and Agreement("Agreement"),including this Order and the Regional Advertising Insertion Order Agreement
Terms and Conditions attached hereto(the"Terms and Conditions').NCM and Advertiser agree as follows _ _----
Advertiser Information Billing Information Account Director Information
City of Ashland City of Ashland Acct. Dir.: Kane Kennelley
51 Winburn Way 51 Winburn Way Phone: +I (303) 957-1713
Fax:
Ashland, OR 97520 Ashland, OR 97520 Email: Kane.Kennelley@ncm.com
Phone: (54 I) 552-2062 Phone: (541) 552-2062
Fax: (54 I) 488-6006 Fax: (541) 488-6006
Julie Smitherman Julie Smitherman
smithermanj@ashland.or.us smithermanj@ashland.or.us
Order: ORD-2001-01284 Type: Renewal
Segment I CPS
Start:7/3/2020 End: 10/1/2020
Weeks: 13.00 Weight: Best Available Duration/Units:00:30
Creative# Theater Code Theater Name Location #Screens Net Rate Net Media
478318 CMT008 Ashland Street Cinema _ Ashland, Oregon 6 $10.00 $780.00
478318 CMT009 Varsity Theatre Ashland, Oregon 5 $10.00 $650.00
Regional LEN
Start:7/3/2020 End: 10/1/2020
Weeks: 13.00 Weight: Best Available Duration/Units:00:30
Creative# Theater Code Theater Name Location #Screens Net Rate Net Media
478318 CMT008 Ashland Street Cinem_a Ashland, Oregon 6 $5.00 $65.00_
478318 CMT009 Varsity Theatre Ashland, Oregon 5 $5.00 $65.00
SEG I placement subject to availability;spots may run in SEG 2 in locations where SEG I is unavailable.
Ili
s.
NCM Proposal for City of Ashland Proprietary&Confidential Page 2 I Order Type:Renewal I ORD-2001-01284 I mg a I'1
AMERICA'S MOVIE NETWORK
Regional Insertion Order Agreement .,
6300 South Syracuse Way,Suite 300*Centennial,Colorado 80111*800.828.2828
Payment Comments & Special Instructions: Total Media _ $1,5. 60.00
Payment Terms: Monthly Media Services $0.00
Payment Method:Credit Card Creative Services _ $0.00
Other Services _ $0.00
P.O. Number: Total Due $1,560.00
Promotional items are non-commissionable.Special effects,customized placement,rush charges,and changes are extra.All duplication,
creative services,and network implementation fees are at advertiser's expense.Fulfillment costs are estimated and final costs may vary.
BY SIGNING BELOW,ADVERTISER AGREES TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT(INCLUDING THE
TERMS AND CONDITIONS)AS OF THE DATE OF SIGNATURE BY NCM BELOW AND HEREBY AUTHORIZES AND DIRECTS NCM
TO PROCEED UNDER THE TERMS OF THIS AGREEMENT WITH THE ADVERTISING AND OTHER SERVICES SET FORTH ON THIS
ORDER AND,UNLESS OTHERWISE AGREED BY THE PARTIES,ANY OTHER ORDER PLACED BY ADVERTISER FOR REGIONAL
ADVERTISING INSERTIONS ACCEPTED BY NCM
Advert ser'SI 11dLU1'2 `�''-=:. �" = c'se-: e+.ms`.*:-X,• Bite:�a ,,<"»�� "6 ,,; -'
National CineMedia,LLC Date:
Order Number: ORD-2001-01284
A B C D E F
Logged Scheduled Creative Approved Credit Approved Posted Audit
NCM Proposal for City of Ashland Proprietary&Confidential Page 3 I Order Type:Renewal I ORD-2001-01284 I IiIlri1 C M SIS
AMERICA'S MOVIE NETWORK
Regional Insertion Order Agreement
6300 South Syracuse Way,Suite 300*Centennial,Colorado 80111*800.828.2828
NATIONAL CINEMEDIA,LLC REGIONAL/LOCAL ADVERTISING INSERTION ORDER AND AGREEMENT
Terms and Conditions
The Agreement between National CineMedia, LLC ("NCM") and Advertiser will include, and all Advertising exhibited by NCM for Advertiser will be
subject to,the following Terms and Conditions:
1. NCM Services. Subject to the terms of this Agreement, NCM will arrange for the Advertising to be exhibited as specified in each Order entered
into under this Agreement. Notwithstanding the foregoing, the exhibition of the Advertising, and performance by NCM of its obligations under this
Agreement,will be excused to the extent that(and may be delayed it)Advertiser fails to perform its obligations under this Agreement in a timely manner
or otherwise fails to comply with the terms of this Agreement.
2. In-Theatre Advertising. All In-Theatre Advertising or other content will be subject to any audience or advertising restrictions or limitations imposed
on NCM by motion picture studios, producers, distributors, exhibitors or other third parties. In addition, in its sole and absolute discretion, NCM may
elect to not exhibit or present any In-Theatre Advertising or other content before any motion picture or group of motion pictures with particular movie
ratings. The screen count or theatre locations for In-Theatre Advertising that are set forth on the Order may be substituted by NCM in its reasonable
discretion upon notice to Advertiser. On-screen advertising placement is subject to availability and theatre lighting is subject to technical availability.The
exhibition of In-Theatre Advertising shall be deemed to be delivered by NCM if it is displayed in a majority of showings in a single theatre during the
applicable week.
3. Internet and Online Advertising. The American Association of Advertising Agencies (AAAA)/Interactive Advertising Bureau (IAB) Standard
Terms and Conditions for Internet Advertising for Media Buys One Year or Less, Version 3.0 (the "IAB Terms"), a copy of which is available upon
request from NCM, are incorporated into this Agreement for all Internet and online Advertising purchased under this Agreement. "Colorado" and
"Denver County, Colorado" are inserted into the respective placeholders in Section XIV(d) of the IAB Terms. If there is no Agency for this Insertion
Order, "Advertiser" replaces "Agency" in all instances in the IAB Terms and Section III(c) of the IAB Terms is deleted. In the event of any conflict
between the terms of this Agreement and the IAB Terms,the terms of this Agreement will control.
4. Fees and Payment. Advertiser will pay all fees as specified on each Order within 30 days of invoice. If Advertiser fails to pay NCM any
undisputed amount when due,Advertiser will be obligated to pay interest on the unpaid amount from the date such unpaid amount was due until it is
paid at the rate of 12%per annum.
5. Advertiser Obligations. In addition to the other obligations of Advertiser set forth in this Agreement,Advertiser will,at its expense,and at its risk
of loss,provide NCM with the Advertising material as required by NCM at least 4 business days in advance of the date scheduled by NCM for transfer of
the materials for use or production as Advertising(dependent upon Advertising vehicle selected or if otherwise agreed to by the parties).
6. Content.
6.1 Advertiser Content. All advertising,information, data,text,photographs,video, images,audio,call to action,and other content("Content")
provided by Advertiser for use in the Advertising("Advertiser Content")is subject to prior and on-going approval by NCM and the theatre circuits where
NCM will display the Advertiser Content. All Advertiser Content must be in compliance with the Media Specifications, Creative Deadlines and
Advertising Guidelines at http://adspecs.ncm.com.NCM reserves the right to make technical changes to Advertiser Content to ensure conformance with
technical specifications. Advertiser Content shall not include the exhibition or display of any trademark,service mark, logo or other branding of a third
party without prior written approval of NCM. NCM may reject any Advertiser Content or Advertising for any reason.NCM has no obligation to review any
Advertiser Content or Advertising for compliance with this Agreement or any applicable law,rule,or regulation. Advertiser will remain solely responsible
for any liability arising from the Advertiser Content or Advertising, including but not limited to liability arising from any laws relating to obscenity,
defamation, trade libel, the right of publicity or likeness, the right of or to privacy, any laws relating to intellectual property, and any laws relating to
advertising. If any Advertiser Content or Advertising is rejected by NCM or a theatre circuit,Advertiser will promptly replace the Advertiser Content or
Advertising with Advertiser Content or Advertising acceptable to NCM so as not to delay the schedule for the display of the Advertising. Advertiser will
maintain back-up copies of all Advertiser Content and Advertising and NCM will not be liable for loss or damage to any Advertiser Content or
Advertising.Advertiser agrees to and hereby does grant to NCM all rights, authorizations,consents,licenses,and clearances(collectively, "Licenses")
necessary or appropriate to exhibit, distribute, broadcast, publicly present and publicly perform the Advertising and as necessary or appropriate for the
performance by NCM of its other obligations under this Agreement, including, without limitation, all Licenses necessary for the public performance of
musical compositions. Advertiser also grants NCM a limited License to use and display portions of the Advertising in connection with the promotion of
NCM's business. Advertiser acknowledges that in certain designated "Non-Digital"theatres, NCM may not be able to immediately remove Advertiser
Content upon request of Advertiser.
6.2 NCM Content. All Content,including,without limitation,any derivatives,modifications or new versions of any Advertiser Content prepared or
delivered by NCM under this Agreement("NCM Content"),and all intellectual property rights therein and applicable thereto,are and will remain the sole
and exclusive property of NCM. Advertiser agrees that NCM will retain sole and exclusive title to all NCM Content and agrees to and hereby makes all
assignments necessary to provide NCM such sole and exclusive title. Advertiser receives no rights or licenses in or to any NCM Content(or in or to any
NCM trademarks)under this Agreement and NCM expressly reserves all such rights.
7. Promotional Materials. All materials distributed or to be distributed by or on behalf of Advertiser as part of or in connection with the Advertising,
including lobby promotional material ("Promotional Materials"), will be delivered to locations (at the sole expense of Advertiser and with Advertiser
bearing all risk of loss)in accordance with the procedures,specifications and deadlines established by NCM. All Promotional Materials are subject to
NCM and theatre circuit approval,and their final placement is determined by theatre management. At its discretion, NCM may delay the distribution of
Promotional Materials. Certain Promotional Material, as determined by NCM, will contain the following statement: "THIS PROMOTION IS NOT
ENDORSED BY NCM, THIS THEATRE OPERATOR OR ANY OF THEIR AFFILIATES. BY FILLING OUT THIS FORM YOU WILL OR CAN BE
SOLICITED".
8. Representations and Warranties. Advertiser represents and warrants to NCM that: (1)Advertiser has the legal right and authority to enter into
this Agreement and to perform its obligations under the Agreement;(2)Advertiser has all rights necessary to enable NCM to exercise the rights granted
under this Agreement; (3) the exhibition and other use of the Advertiser Content and Advertising, the distribution and other use of the Promotional
Materials, and the other activities of Advertiser and obligations of NCM under this Agreement will not violate applicable local, state and federal laws,
rules,and regulations,including,without limitation,laws and regulations governing privacy and email/spam,or any self-regulatory rules or guidelines that
are applicable to, or to which the Advertiser, the agency or the Advertiser Content, Advertising or Promotional Materials may be subject, or any duty
toward or rights of any third party; (4)all information and data provided to NCM in connection with this Agreement is correct and current; (5)Advertiser
will not collect any personally identifiable information (including, without limitation, any e-mail addresses, full names, mailing addresses and phone
number of theatre patrons),or transfer any such information to any third party,without the prior written approval of NCM; (6)the Advertiser Content and
Advertising do not contain any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage,
detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, information, or property of another; (7)the Advertiser Content,
NCM Proposal for City of Ashland Proprietary&Confidential Page 4 I Order Type:Renewal I ORD-2001-01284
Regional Insertion Order Agreement
6300 South Syracuse Way,Suite 300*Centennial,Colorado 80111*800.828.2828
Advertising and Promotional Materials are not,in whole or in part,pornographic,obscene,abusive,threatening,indecent,vulgar,defamatory,harassing,
do not otherwise constitute trade libel, a violation of the right of publicity or an invasion of privacy,do not violate any other laws relating to advertising,
and are not otherwise objectionable or unlawful; (8)the Advertiser Content,Advertising, and Promotional Materials are not false or misleading; (9)the
Advertiser Content,Advertising and Promotional Materials do not infringe, violate or misappropriate any third party copyright,trademark, right of or to
privacy,publicity or likeness,or other intellectual property or proprietary right;and(10)the Advertiser Content,Advertising and Promotional Materials are
free from defects and materials in workmanship.Advertiser further covenants that if Advertiser at any time fails to have all rights necessary to enable
NCM to perform its obligations and exercise its rights under this Agreement,Advertiser will obtain all such rights, and will be solely responsible for any
liability of either party arising out of any claim,allegation,suit or proceeding alleging that either party does not have such rights.
9. Disclaimer and Limitation of Liability. NCM PROVIDES ALL NCM CONTENT AND ALL SERVICES PERFORMED BY NCM UNDER THIS
AGREEMENT "AS-IS" AND "AS-AVAILABLE." NCM MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY, REGARDING THE NCM CONTENT OR SUCH SERVICES,AND ADVERTISER HAS NOT RELIED ON ANY REPRESENTATIONS OR
WARRANTIES OF NCM REGARDING THE NCM CONTENT OR SUCH SERVICES. NCM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES REGARDING THE NCM CONTENT AND SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
NCM'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT,WHETHER IN CONTRACT,TORT OR OTHERWISE,WILL NOT
EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO NCM UNDER THIS AGREEMENT DURING THE 3 MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL NCM BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
EXEMPLARY, PUNITIVE,SPECIAL,OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RELATING TO LOST DATA,
LOST REVENUE OR PROFITS,OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,ARISING FROM OR RELATING TO THIS
AGREEMENT,HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY(INCLUDING NEGLIGENCE),EVEN IF NCM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. ANY UNEXCUSED FAILURE BY NCM TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT
WILL AFFECT ONLY THE OBLIGATION WITH RESPECT.TO WHICH THE FAILURE OCCURRED AND WILL IN NO WAY AFFECT ANY OTHER
OBLIGATIONS OF NCM UNDER THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING,ADVERTISER'S SOLE AND EXCLUSIVE REMEDY
FOR NCM'S FAILURE TO EXHIBIT THE ADVERTISING AS SET FORTH ON THE ORDER AND IN SECTION 2 WILL BE FOR NCM TO"MAKE-GOOD"
(MAKE AVAILABLE TO ADVERTISER AN ALTERNATIVE TIME PERIOD OF REASONABLY COMPARABLE VALUE FOR THE RE-EXHIBITION OF
SUCH ADVERTISING). MAKE-GOOD IS ONLY AVAILABLE UPON ADVERTISER'S WRITTEN REQUEST RECEIVED BY NCM WITHIN ONE MONTH
OF THE APPLICABLE FAILURE AND MUST BE DISPLAYED WITHIN ONE YEAR FOLLOWING THE APPLICABLE FAILURE. ADVERTISING SHALL
BE RUN ON A PER SCREEN OR PER THEATRE/PER WEEK BASIS AND REGARDLESS OF ANY OTHER LANGUAGE TO THE CONTRARY,NCM
HAS NOT MADE AND IS MAKING NO REPRESENTATIONS WITH REGARD TO NUMBER OF IMPRESSIONS. NCM SHALL USE COMMERCIALLY
REASONABLE EFFORTS TO CAUSE ADVERTISING TO BE DISPLAYED IN ALL APPLICABLE SHOWINGS AT THE RELEVANT THEATRES, BUT
NCM DOES NOT GUARANTEE THAT ADVERTISING SHALL BE DISPLAYED IN A SPECIFIC NUMBER OF SHOWINGS AT ANY THEATRE.
10. Indemnification.
10.1 Advertiser is responsible for and will indemnify, defend, and hold harmless NCM and its subsidiaries, exhibitors and affiliates, and
their owners,officers,directors,employees and agents,from and against any and all direct and indirect losses,damages,liabilities,costs and expenses
(including reasonable attorneys'fees)resulting from or arising out of any:(1)actual or alleged breach by Advertiser of a provision of this Agreement;(2)
negligence or willful misconduct on the part of Advertiser; (3) exhibition, distribution, display, performance, reproduction, or other use by NCM of the
Advertising, Advertiser Content or Promotional Materials;or(4)damage to property or injury to or death of any person directly or indirectly caused by
any use or misuse of any Advertiser Content or Advertising,including,without limitation,any Promotional Materials or other packaging or materials used
in connection therewith. NCM will provide Advertiser with notice of any such claim or allegation,and NCM has the right to participate in the defense of
any such claim at its expense.
10.2 NCM is responsible for and will indemnify, defend, and hold harmless Advertiser and its subsidiaries, affiliates, and their officers,
directors,employees and agents,from and against any and all direct and indirect losses,damages,liabilities,costs and expenses(including reasonable
attomeys'fees) resulting from or arising out of any third party claims related to (1) gross negligence or willful misconduct on the part of NCM; or(2)
exhibition, distribution, display, performance, reproduction, or other use by NCM of the NCM Content, specifically excluding any Advertiser Content.
Advertiser will provide NCM with notice of any such claim or allegation,and Advertiser has the right to participate in the defense of any such claim at its
expense.
11. Termination and Remedies. NCM may terminate this Agreement immediately upon any breach by Advertiser of this Agreement(in addition
to any other available remedy) or upon not less than 30 days' notice to Advertiser for any other reason. Upon termination for breach by Advertiser,
Advertiser will not be entitled to the refund of any prepaid fees. Upon any termination, NCM is not required to preserve or maintain any Advertiser
Content or Advertising. If Advertiser desires NCM to provide Advertiser with a copy of any Advertiser Content or Advertising, Advertiser must notify
NCM in writing within 60 days of the last exhibition of the Advertising(such copy to be provided at Advertiser's sole expense).
12. Cancellation. Advertiser may not modify or cancel this Agreement except by written consent of NCM.
13. Insurance. Advertiser represents that it maintains a general liability insurance policy (with a financially sound and reputable insurance
company) in such amounts as Advertiser deems reasonably adequate for its business and as required to perform its obligations hereunder. Upon
request,Advertiser will furnish NCM with a certificate of insurance evidencing the foregoing coverage.
14. Confidentiality. Advertiser acknowledges that the Posting Information(as defined below)is confidential,and is disclosed to Advertiser solely
on the condition Advertiser agrees,and it does hereby agree(for itself,its agents,employees and affiliates(collectively, the"Representatives"))that,it
and its Representatives: (i) will not disclose any Posting Information to any third party; (ii) will not use the Posting Information in any business or
capacity other than for its own internal business purposes under the Agreement; (iii)will implement such procedures to prevent unauthorized use or
disclosure of the Posting Information as it uses to prevent disclosure, publication, dissemination or use of its own proprietary information of like nature
but using at least reasonable care. "Posting Information" as used herein shall mean any post-buy analysis, posting information, post-campaign
delivery reports,attendance reports, or other proof of performance. Advertiser will only disclose Posting Information to its Representatives that have a
need to know and who are subject to a confidentiality obligation at least as restrictive as this Agreement. Advertiser will only disclose the Posting
Information,in whole or in part,to a third party with the express,prior written consent of NCM and provided such third party is subject to a confidentiality
obligation at least as restrictive as this Agreement. If Advertiser is an agency signing on behalf of another advertising party,Advertiser will ensure that
such advertising party complies with the terms of this Agreement.
15. Additional Terms. Advertiser may not assign or otherwise transfer this Agreement or any of Advertiser's rights hereunder without the prior
permission of NCM. Any attempt to do so in violation of the foregoing sentence will be null and void. This Agreement will be binding on the parties and
upon their heirs,personal representatives,executors,administrators,successors and assigns. The parties agree for themselves and their heirs,
personal representatives,executors,administrators,successors or assign to execute any instruments and to perform any acts that may be necessary or
NCM Proposal for City of Ashland Proprietary&Confidential Page 5 I Order Type:Renewal I ORD-2001-01284
Regional Insertion Order Agreement
6300 South Syracuse Way,Suite 300*Centennial,Colorado 80111*800.828.2828
proper to carry out the purposes of this Agreement. This Agreement will be governed by the laws of the State of Colorado excluding its conflict of laws
principles. The parties hereby irrevocably consent to the exclusive jurisdiction and venue in the state and federal courts sitting in Arapahoe County,
Colorado for any dispute concerning the interpretation or effect of this Agreement. In all such disputes arising under this Agreement,the parties
expressly waive all constitutional and statutory rights to trial by jury. In any action to enforce the terms of this Agreement,the prevailing party will be
entitled to recover all of its costs relating thereto,including,without limitation,reasonable attorneys'fees,court costs and any other costs of collection.
The relationship between the parties under this Agreement is one of independent contractors. The waiver by either party of a breach of any provision of
this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed
unenforceable,such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full force and effect. Any failure or delay in performance by a party will be excused(and will
not constitute a breach of this Agreement)to the extent due to any cause not reasonably within such party's control,including,without limitation,third
party acts,omissions or failures,casualty,labor disputes,governmental action or acts of God. This Agreement sets forth the entire understanding of the
parties and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this
Agreement.In the event that any terms that may appear on an Advertisers or agency's form of purchase order,insertion order,or other order form vary
from or conflict with the terms of this Agreement(including without limitation pre-printed terms),the terms of this Agreement will control. This Agreement
does not and is not intended to confer any rights or remedies upon any person other than the parties. If Advertiser executes this contract as an agency
or media buyer for a client,such Advertiser and its client shall be jointly and severally responsible for all payments hereunder. The Agreement may be
executed in counterparts,each of which is deemed an original and all of which together constitute one document. Each party agrees that electronic
signatures of the parties,whether digital or encrypted,have the same force and effect as manual signatures. Counterpart signatures,whether digital or
manual,may be delivered by fax,email or other electronic means.
•
•
NCM Proposal for City of Ashland Proprietary&Confidential Page 6 I Order Type:Renewal I ORD-2001-01284
AMERICAS MOVIE NETWORK
Billing Acknowledgement
To be completed by the Client's accounts payable/accounting department
Client Name: City of Ashland
AP Contact Name:
Li Sa ( D - ktr5
AP Address: 2.0 £os+ )11.0:4". Vcre.t k.
AgM\Qw -1 oR ell 52-a
AP Phone:
51A1 — 552r1-02,B
AP E-mail:
94.�Jiv�keY °.-Sl oAnd.or. us
Order Number: ORD-2001-01284
Billing Frequency Requested: ❑ Bill in Full (payment due 30 days from invoice date)
IMonthly Installments
❑ Other*
Purchase Order number to be referenced (when applicable):
Check this box if you would like to receive electronic invoices: ❑
*Other Billing Instructions: 11�
Qn.Se a kso rpe t& et- C.-0916. Of7 -'4a 'mv01CA TO
3u•-1-%`a.SWirliger m art e_0-SW exit& o r.txs
NCM Proposal for City of Ashland Proprietary&Confidential Page 7 I Order Type:Renewal I ORD-2001-01284
1/27/2020 Displayed by Product
Product Start Date End Date #of wks #of Theaters/Zips #of Screens Estimated Projected
Spots Impressions Rate
Cost Net Weekly Net Media
Segment I CPS 0:30 7/3/2020 10/1/2020 13 2 11 4,004 32,757 $10.00 $110.00 $1,430.00
Regional LEN 0:30 7/3/2020 10/1/2020 13 2 11 6,551 $5.00 $10.00 $130.00
4 22 4,004 39,308 $1,560.00
Program Totals ••
Total Projected Impressions: 39,308
Total Net Media: $1,560.00
Total Media Services: $0 - _
Total Creative Services: $0
Total Other Services: $0
•
•
Net Total: $1,560.00
Footnotes:
SEG I placement subject to availability;spots may run in SEG 2 in locations where SEG I is unavailable.
NCM Scenario for-City of Ashland -Proprietary&Confidential
ORD-2001-01284
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•
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NCM Proposal for City of Ashland Proprietary&Confidential Page 81 Order Type:Renewal 1 ORD-2001-012841 miNcimr
c
AMERICA'S MOVIE NETWORK
4,
Creative Production Order Form Page 1
Advertiser Information Billing Information Account Director: Kane
City of Ashland City of Ashland Kennelley
51 Winburn Way 51 Winburn Way Phone: +I (303) 957-1713
Fax:
Ashland, OR 97520 Ashland, OR 97520 Email: Kane.Kennelley@ncm.com
Phone: (541) 552-2062 Phone: (541) 552-2062
Fax: (541) 488-6006 Fax: (541) 488-6006
Julie Smitherman Julie Smitherman
smithermanj@ashland.or.us smithermanj@ashland.or.us
Order: ORD-2001-01284 Type: Renewal
Creative Name:
Start Date:
Ratings: Rating
Notes/Special Instructions:
Media Services:
Description Fee
Media Services SubTotal:
Creative Services:
Description Fee
Creative Services SubTotal:
When sending your media/creative materials to us, please include this Creative Production Order Form
with your materials.
Send materials to:
National CineMedia
Attention: Sales Operations
6300 South Syracuse Way, Suite 300
Centennial, Colorado 801 1 I
Please submit all creative materials promptly. If your creative is not received within NCM's standard
production turnaround time, the on-screen start date for your ad will be delayed.
Thank you!
NCM Proposal for City of Ashland Proprietary&Confidential Page 9 I Order Type:Renewal I ORD-2001-01284
NCM CREATIVE BRIEF
The City of Ashland's Conservation Division would like to help Ashland residents preserve our natural resources.
City of Ashland
. 46Water Conservation Division
- -- — -- Your source for energy
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and water efficiency.
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Elect rr Ciiy of Ashland
IFFC ashland.or.us/conserve Pir.
(541) 488-5306 IFr..
There are many simple ways to reduce our water and energy usage; contact us for a free on-site evaluation.
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[Text over image.Turn off water while brushing your teeth;Fix leaks promptly;Check your irrigation system regularly]
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[Text over image:Weatherize your home with Energy Star windows;Choose LED lightbulbs;Consider solar panels]
The City of Ashland offers rebate incentives for installing efficient toilets, replacing lawn areas, and provides free
showerheads and bathroom faucet aerators for city residents; look for the WaterSense and Energy Star labels when
purchasing new appliances or fixtures.
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For more tips on how you can reduce your water and energy use, contact the City of Ashland's Conservation
Division.
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(Image on file from last year)