21-001.00 Cutaway Media: Media Reports Subscription 21 -00(
-4171
AGREEMENT FOR CITY OF SPOKANE VALLEY
TV/Radio/Internet Reports Subscription Services
Provider: Cutaway Media
Ricky Delos Reyes
3101 Russet Rd
Brier,WA 98036
Office:509-535-1270 Cell:818-468-6155
info@cutawavmedia/ricky@cutawavmedia.net
Recipient: City of Spokane Valley
Mark Calhoun,City Manager
10210 E Sprague
Spokane Valley City Hall
Spokane Valley WA 99206
509-720-5411
Mcaihounl)spokanevalley.org
A. Provider has acquired certain rights from News Data Service("NDS")to reproduce,sell
and distribute Broadcast Summary Reports(a.k.a."National Broadcast Listing Reports)
to Recipient.
B. Provider desires to supply to Recipient and Recipient desires to receive from Provider
Certain Broadcast Summary/Preview Reports subject to the terms and conditions of this
Agreement.
C. Unless otherwise agreed to by the Parties,Broadcast/Radio/Internet Summary/Preview
Reports shall consist of the following Metrics:
Broadcast: Internet:
Neilson Audience Estimates Mark Rank
30-Second Ad Equivalency Unique Visitors
Calculated Ad Equivalency
Publicity Value
Report Summary Audience Radio:
Report Summary Ad Equivalency Rate Radio Arbitron
Report Summary Calculated Ad Equivalency
Report Summary Runtime
Report Summary Story Count
Report Summary Publicity Value
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D. Provider desires to supply to Recipient and Recipient desires to receive from Provider
certain Internet Video Preview accesses subject to the terms and conditions of this
Agreement.
E. Unless otherwise agreed to by the Parties,Internet Video Preview access shall consist of
the following:
• Daily reports
• Video&View Preview links.
• Broadcast,Radio and Web metrics
NOW THEREFORE,for good and valuable consideration,the Parties agree as follows:
1. Term. Provider shall provide to Recipient Broadcast Summary Reports with Preview
enabled for a term of Twelve(12)months,commencing on January 1,2021 and ending
on December 31,2021. Broadcast Summary Reports shall be provided to Recipient's
email,as set forth above,on a daily basis(Monday through Friday)or as follows:Times
to be determined
2. Monitoring.The purchase price for"All-Inclusive Web Based Portal Subscription"for
Broadcast,Radio&Internet Summary Reports is offered at$275.00 per month.
Recipient agrees to pay Provider a total of$3,300.00 for the Broadcast Summary
Reports(i.e.$275.00 x 12=$3300.00).Provider shall bill Recipient on the 15th of each
month with payment due on the 1st day of the following month.
3. Renewal: This contract can be renewed for an additional 1-year term. The Provider
requests the Recipient to Contact Provider of non-renewal in writing 30 days prior to
the end of the contract.
4. Discount. Should the Recipient desire to obtain Broadcast Summary Reports for a term
of Twelve (12) months or more, a five percent (5%) discount will be offered provided
the Recipient pays the entire purchase price in advance.
5. Governing Law. The validity,interpretation and construction of this Agreement, its
provision and each party shall be governed by and construed in accordance with the
laws of the State of Washington and California.
6. Entire Agreement.This Agreement expresses the entire understanding of the Parties
hereto with respect to the underwriting herein contemplated.This Agreement may not
be amended or modified except by written instrument signed by both Parties hereto.
7. Attorney Fees.The prevailing party in any litigation over this Agreement shall be
entitled to recover from the other party its attorneys'fees,costs and expenses in
connection therewith, both at trial and on any appeal there from,adjudged reasonable
by a court of competent jurisdiction. Litigation as used herein includes actions before
any US Bankruptcy Court.
8. Content use limitation.
Customer understands that its license to view or use any excerpt or transcripts of Gray
Television Group,Inc.content(the"Content")is restricted and that the Content may
only be exhibited non-publicly to(i)the employees or family of Customer and/or(ii)the
Customer's advertising or public relations agent solely for Customer's internal purposes.
Washington currently doesn't have any Gray Television Stations
9. Other Terms and Conditions.
Television Broadcast,Radio&Internet Monitoring:
• Washington State(Spokane(includes Coeur d'Alene,ID),Tri-Cities/Yakima&
Seattle)
Unlimited low-resolution TV&Radio Clips"Edit from Preview"(EFP)-Included
• Washington State(Spokane(includes Coeur d'Alene,ID),Tri-Cities/Yakima&
Seattle)
Power Search—Broadcast/Radio/Web Included
• Washington State(Spokane(includes Coeur d'Alene,ID),Tri-Cities/Yakima&
Seattle)
Portal Logins:
• Unlimited
Unlimited Keyword Searches:
• Updated as needed
IN WITNESS WHEREOF,the Parties hereto have duly signed this Agreement with the intent that
they are legally bound hereby on or as of the date and year first above written.
PROVIDER: RECIPIENT:
Cutaway Media Cit• of Spoken Valle
•
.icky Delos Reyes Mark Calhoun
President City Manager Date: November 19,2020 Date: 12./ /2.0213(