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160728 06/25/2008 CITY OF CARMEL, INDIANA VENDOR: 359851 Page 1 of 1 ONE CIVIC SQUARE 92.3 WTTS CARMEL, INDIANA 46032 400 ONE CITY CENTRE CHECK AMOUNT: $2,500.00 BLOOMINGTON IN 47404 CHECK NUMBER: 160728 CHECK DATE: 612512008 DEPARTMENT ACCOUNT PO NUM BER INVOICE NUMBER AMOUNT DESCRIPTION 902 4346500 2,500.00 CITY PROMOTION ADVERT I i I Broadcast Start Date Contract# Mod# 9 1�ilff t is 06/1 1 /08 27419 0 Contract End Date Date Entered Date Last Modified 4N-) "Jim iky Coratre 06/29/08 06/09/08 06/09/08 lcomirgt;ra lnr fir:+ 4 4u4 Advertiser Station Market CARMEL ARTS DESIGN WTTS -FM CARMEL ARTS& DESIGN DISTRICT 111 WEST MAIN STREET Product SalesRep /Office SUITE 140 CARMEL ARTS DESIGN AMY CASTILLO CARMEL, IN 46032 Attn: CHRIS CAMPBELL Standard Billing Cycle Estimate# LN DATE TIMESIPROGRAMS LEN MO TU WE TH FR SA SU SPOTS RATE LI NE REMA IWK 1 WE 06/11/08 FR 06/27/08 06:00A- 10:00A 60 X X X� Run Weeks of: Sponsorship: WITS -FM PRIME 1 06/1106/25 2 WE 06/11/08 FR 06/27/08 10:00A- 03:00P 60 X X X 9 $85.00 Run Weeks of: Sponsorship WTTS -FM PRIME 1 06/1106/25 3 WE 06/11/08 FR 06/27/08 03:00P- 07:00P 60 X X X 9 $85.00 Run Weeks of: Sponsorship: WTTS -FM PRIME 1 06/1106/25 4 WE 06/11/08 FR 06/27/08 07:00P- 12:00A 60 X X X 5 $5.00 Run Weeks of: Sponsorship: WTTS -FM NONPR 1 06/11 06/25 5 SA 06/14/08 SA 06/28/08 10:00A- 05:00P 60 5 5 $45.00 Run Weeks of: Sponsorship: WTTS -FM NONPR 1 06/1406/28 6 SU 06/15/08 SU 06/29/08 10:00A- 05:00P 60 4 4 $25.00 Run Weeks of: Sponsorship: WITS -FM NONPR I 06115 06129 7 WE 06/11/08 SU 06/29/08 06.00A- 12:00A 60 X X X X X 12 $0.00 Run Weeks of: Sponsorship: WTTS -FM NONPR I 06/1106125 Additional Comments-------- Total Spots Spots Total$ Tax Net Gross 106 5,200.00 $0.00 $5,200.00 $5,200.00 THANK YOU FOR YOUR BUSINESS! ADDITIONAL NOTE: PLEASE INCLUDE DETAILED SPOT INFORMATION FOR CLIENT DELEGATION OF PAYMENT, Z 9d0 Billing Protections: By Month Jun 08 CA 5,200.00 ST 5,200.00 Accepted for Station Accepted for advertiser OR agency(and MBS, if any) as agent for the advertiser Name Name Title See rev r,15�eterms and co ditions, if any Page 3 CONDITIONS [Modifications to the SRA/AAAA contract with BFM /BCA Liability Clause are Shown in italics. Deletion is indicated by the work "(deletion) The person, firm, or corporation (including, but not limited to organizations know as advertising agencies, or buying services) contracting for radio lime (hereinafter called AGENCY) and the station accepting this contract (hereinafter called STATION) hereby agree that this contract will be governed by the following conditions: 1. PAYMENT AND BILLING 7. PROGRAM AND COMMERCIAL MATERIAL (A) STATION will bill AGENCY monthly, using the Final Sunday Fiscal Month, unless provided on the face of this contract. (A) Unless otherwise noted on the face of this contract, all program material, excluding commercial announcements, shall be furnished by STATION, and all commercial (B) Invoices shall contain advertiser, brand (if requested), date and time of commercial announcement material shall be furnished by AGENCY. All expenses connected with the announcement, cost, and if commercial code identifying each commercial announcement is delivery of commercial announcements to STATION, and with return therefrom, if return is supplied by AGENCY, such code for each commercial announcement, lfrequested. Reporting directed, shall be paid by AGENCY. STATION shall retain commercial material for 90 days of commercial announcement times shall be within 30 minute blocks, except that exact times after last broadcast and may destroy such material thereafter, unless otherwise instructed by purchased will be reported as exact times STATIONS shall warrant that the information shown AGENCY. on invoice is true and correct and was taken from the Commercial Record produced and maintained at the STATION and, on request, will be made available for inspection by (B) STATION is required to advise AGENCY Broadcast Operations Desk by telephone and AGENCY or Advertiser, for a maximum of 12 months from the month of broadcast, subsequently by written confirmation. If AGENCY furnished program or commercial material Scheduling Instructions do not arrive 3 business days in advance of broadcast date. If such (D) Payments by AGENCY of items which are not in dispute (i.e. non discrepant iterl on material and instruction do not arrive at STATION within 2 business days after station has each invoice is due within 15 days after receipt of invoice by AGENCY. If any discrepant notified AGENCY, STATION may either provide a make good, or bill AGENCY for the time items) exist on invoice AGENCY shall, within 10 days after receipt of invoice, send written reserved. STATION will exert all reasonable effort to broadcast material received from notice of discrepant ilerl to STATION. STATION shall reply to AGENCY in writing within 15 AGENCY despite late receipt. days after receipt of notice of discrepant item(s). If, due to any cause beyond AGENCY's control, AGENCY cannot provide commercial (D) Noh•rithstanding to whom bills are rendered, advertiser, AGENCY and service, jointly arid and /or program material prior to scheduled broadcast hereunder, AGENCY shall not be liable severally, shall remain obligated to pay STATION the amount of any bills rendered by station to STATION. In such event STATION shall suggest a make good for broadcast of said within the time specified and until payment is full is received by STATION. Payment by commercial and/or program material. If no such make good is mutually agreed upon, advertiser to AGENCY or to service, or payment by AGENCY to service, shall not constitute STATION shall credit AGENCY for the time and /or program at time of purchase. AGENCY payment to STATION, shall have the benefit of the same rates which would have been earned if the commercial announcement and/or program had been broadcast. 2. TERMINATION (D) Broadcast program and commercial material provided by AGENCY is subject to STATION approval and STATION may exercise a continuing right to reject such matenal, including a (A) Announcements Contracts of two or fewer broadcast weeks duration are cancelable, right to reject for unsatisfactory technical quality. In the event the program material is Contracts may be terminated by either party giving the other two weeks prior notice, but no unsatisfactory, STATION shall notify AGENCY by telephone within 24 hours of receipt of such termination shall be effective until two broadcast weeks, as contracted for, have been program material subsequently by written confirmation. Unless AGENCY furnishes broadcast following receipt of such notice Hiatus weeks, if part of order may count towards 2 satisfactory material by 3 business days in advance of broadcast and 14 days in advance of weeks prior notice. broadcast where the materials are related to a contest. STATION shall have the right to substitute its own program at no penalty to AGENCY. In the event the commercial material (B) Programs Contracts may be canceled upon 2B days prior notice, but no such cancellation within the program is unsatisfactory, STATION shall notify AGENCY by telephone and shall be effective for the first 28 days of broadcasting. subsequently by written confirmation, and unless AGENCY furnishes satisfactory material 2 4) N AGENCY cancels contract, earned rates shall a f STATION cancels contract, business days prior to broadcast dale, this contract may be terminated by either party without PP y' penalty to either party, AGENCY shall have the benefit of the same rates which it would have earned had it been allowed to complete the contract. 8. BROADCAST LIABILITIES 3. RENEWAL STATION agrees to hold and save AGENCY and Advertiser harmless against all liability resulting from the broadcast of (1) program material except program material furnished by Programs or announcements ordered at exact times or with specific adjacencies, may be AGENCY and (ii) musical compositions licensed for broadcasting by a music licensing renewed upon 28 days notice prior to contract. organization of which STATION is licensee. AGENCY agrees to hold and save STATION harmless against all liability resulting from the broadcast of commercial material or program 4. FAILURE TO BROADCAST material furnished by AGENCY, except musical compositions licensed as stated above. {A} If due to any cause beyond STATiON's control there is an interruption or omission of any 9. GENERAL commercial announcement or program contracted to be broadcast hereunder, STATION may (A) STATION's obligations hereunder are subject to the licenses held by it and to applicable suggest a substitute time period for the broadcast of the interrupted or omitted commercial federal, state and local laws and regulations, announcement or program. If no such substitute time period, or make good, is acceptable to AGENCY, STATION shall allow AGENCY (1) with respect to a program, a pro rata reduction in the time and /or program charges hereunder in the amount of money assigned to such charges (B) STATION shall exercise normal precautions in handling of property and mail, but assume no liability for loss of damage to program or commercial and other property at time of purchase and (it) with respect to a commercial announcement, an acceptable make furnished by good, or a reduction in the time charges equals to the amount of money assigned to the AGENCY in connection with broadcasts hereunder. STATION will not accept or process mail, commercial announcement at time of purchase. AGENCY shall have the benefit of the same correspondence, or telephone calls in connection with broadcasts except after STATION'S prior apnrnval_ rates which wGuldi beery earned it There itad been no iiiteirupoon or omission in the broadcast. ©)This contract, including the rights under it, may not be assigned or transferred without first (B) In no event shall STATION be liable for any lost profits or other consequential damages obtaining the consent of STATION in writing nor may STATION be required tb broadcast hereunder the benefit of any other Advertiser Ihan the one named on the tote of this contract. arising from an interruption, non broadcast or mis- scheduling of any announcement or program contracted to be broadcast hereunder. (D) Failure of STATION or AGENCY to enforce any of the provisions herein shall not be 5. SUBSTITUTION OF PROGRAMS construed as a general relinquishment or waiver as to that or any other provision. (A) STATION has the right to cancel any broadcast or portion thereof covered by this contract (E) This contract contains the entire agreement between the parties relating to the subject in order to broadcast any program which, in its absolute discretion, it deems to be a public matter herein contained and no charge in its terms and provisions shall he effective unless made in writing. significance. in case of cancellation. STATION will notify AGENCY within 1 business day after such broadcast has been canceled" (F) if STATION shalt have the right to recover from AGENCY all legal fees and court costs (B) If AGENCY and STATION cannot agree upon a satisfactory substitute day and time, the necessary to effect the payment of any account due under this contract broadcast time so pre- empted shall be canceled wthout affecting the rate, or rights provided (G) STATION and AGENCY agree that they will not discriminate against any employee or under this contract; except that AGENCY shall not have to pay the canceled STATION applicant for employment because of race, religion, color, place of national origin or sex. charges (deletion) 6. RATES AND CHARGES (H) For purposes of this Agreement, "broadcasting" includes transmission over the $TATION's licensed analog or digital facilities, as well as transmission or distribution of the program(s) or announcement(s) identified in this Agreement by any means, whether now (A) STATION reserves the right to increase rates, but no such increases shall be applied to known or hereafter devised, including but not limited to Streaming Over the Internet via the broadcasts under this contract unless the AGENCY is advised of such increase and its World Wide Web. STATION is authorized loueproduce such program(s) or announcement(s) effective date and such increase is accepted by the AGENCY. in conjunction with such broadcast, tran3m ssiori;.and /or distribution', including but not limited to the creation of ephemerai'cdpes' facilitate Internet streaming. Advertiser represents (B) Terms of combinability for discount broadcasts of a parent and/or it's subsidiary and warrants that it controls all necessary analog and/or digital performance rights to the company(ies) within 52 weeks from the date of first broadcast under this contract, or from the identified program(s) or announcement(s) (other than for music in the public domain and for start of a predetermined contract year, are subject to STATIONS's rate card. musical performance rights licensed for transmission and distribution by'mu'sic licensing organizations of which STATION is a member) and agrees to indemnify and hold STATION Terms of combinability of commercial announcements of various lengths, or in various harmless from and against any damage or expenses, including reasonable alromey's fees, locations, or combinability of programs with commercial announcements, are subject to which may arise due to a breach of this warranty." STATION'S rate card. Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day,, number of hours, rate per hour, ,number of units, price per unit, etc. i Payee 4 Z 3 w ib Purchase Order No. 4 0 Ca G, y 6q,,4, Terms AJ 4 4 '7 y o y Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) q d� 2 ,Soe y p Total 2 00 I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 IN SU of 4 1 4 ®b ON ACCOUNT ACCOUNT OF APPROPRIATION FOR 8Z� L4 y °O Board Members DEEPT. P o� INVOICE NO. ACCT /TITLE AMOUNT tk I hereby certify that the attached invoice(s), or �d2 43%s oo 2 Sua..t— bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except ct Kignatur y� 4, cv Cost distribution ledger classification if Title claim paid motor vehicle highway fund