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Backup Documents 02/25/2020 Item #16E 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 b E 3 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management A/ 2. County Attorney Office County Attorney Office /041 3470 4. BCC Office Board of County Commissioners J I 5')./9•P. 4. Minutes and Records Clerk of Court's Office9yiao 3.3 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHASING Contact Information 239-252-8950 Contact/ Department Agenda Date Item was FEBRUARY 25,2020 Agenda Item Number 16.E.3. J Approved by the BCC Type of Document CONTRACT Number of Original 2 Attached Documents Attached PO number or account N/A 20-7721-WV Desk Spinco, L number if document is Desk Spinco, LLC dba Naples D ly to be recorded dba Naples Daily News News INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/25/2020 and all changes made during e# t the meeting have been incorporated in the attached document. The County ti an'Option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by theN/A is not BCC,all changes directed by the BCC have been made, and the p r .- i s an option for Chairman's signature. ] '6 this line. FEB 5 2 2020 Risk Management 16E3 MEMORANDUM Date: March 3, 2020 To: Ana Reynoso, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Contract #20-7721-WV "Advertising Services" Contractor: Desk Spinco, LLC dba Naples Daily News Attached for your records is an original of the referenced document above, (Item #16E3) adopted by the Board of County Commissioners on Tuesday, February 25, 2020. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 16E3 ADVERTISING COMMITMENT This Advertising Commitment, entered into by and between Desk Spinco, Inc., d/b/a Scripps NP Operating, LLC d/b/a Naples Daily News ("Publisher" "Contractor") and Collier County Board of County Commissioners, a political subdivision of the State of Florida ("Advertiser" "County") is subject to the terms of the Advertising Services Agreement between Publisher and Advertiser dated as of 2/29/20 (the "Agreement"). Advertiser and Publisher hereby agree to the following Commitment during the period indicated below ("Commitment Term"). If, during or at the conclusion of the Commitment Term, Advertiser desires to make a new Commitment with Publisher, the parties will separately execute a new Advertising Commitment that will supersede this Advertising Commitment and will be incorporated into this Agreement by reference. Capitalized terms used in this Advertising Commitment and not defined herein will have the meanings ascribed to such terms in the Agreement. Commitment Term: 2/29/20 to 2/28/21 Total Spend: $300,000 Rates: The parties agree that the Rates set forth herein will apply to Advertiser's purchases of the Services below during the Commitment Term. Following the Commitment Term, unless the parties execute a new Advertising Commitment, all Services purchased by Advertiser will be billed at Publisher's then-current Standard Rate for such Services, attached to this Agreement as Exhibit A. 1. Print ROP& Preprint Advertising(Addendum A). The Advertiser has hereby agreed to the following(size, frequency, PCI) & Rates in Exhibit A, attached to this Agreement. 2. Digital Display (Addendum A). The Advertiser has hereby agreed to the following (impressions, CPM, CPD, sponsorship) the Rates are listed in Exhibit A, attached to this Agreement. 3. Digital Marketing Services (Addendum B). The Digital Marketing Services Rates outlined herein are based upon the Company's Digital Marketing Services Rate Card (SEO, PPC, email, social and web development) in Exhibit A, attached to this Agreement. *Digital Marketing Services are subject to a 4 Month Minimum Commitment. AGREED AND ACCEPTED: PUBLISH REPT+ Ai IVE ADVERTIS By:(:)(L) By: Name: 11 L n Lr±?/ Name: Burt L. Saunders, Chairman Title: -leg, ' k;rs r,� Title: District 3—Board of County Commissioners PUBLISHER REPRESENTATIVE WITNESS ATTEST: CRYSTAL K. KINZEL, CLE' ' ND COMPTR LER By: L Name: . \ ^‘. Leh f� e r . a e'1/4-.C.¢..bq Ginn n Title: CLC ut,A •P c,1/4.A*rt- Title: Attest as to Chairman„l ty Clerk App as to fo a legality: Attest as to C S it 1aR5 _ signature only Scott R. Teach, Deputy County Attorney 93314V.16 5/9/16 16E3 ADVERTISING SERVICES AGREEMENT This Advertising Services Agreement(this"Agreement") is entered into as of February 29, 2020 ("Effective Date") by and between Desk Spinco, Inc., d/b/a Scripps NP Operating, LLC d/b/a Naples Daily News,with offices at 2442 Dr. Martin Luther King Jr, Blvd, Ft. Myers, FL and 1100 Immokalee Rd, Naples, FL ("Publisher") and Board of County Commissioners, a political subdivision of the State of Florida("Advertiser""County"). Subject to the applicable Standard Terms and Conditions (the "Standard Terms") herein, Advertiser desires to procure from Publisher, and Publisher desires to sell to Advertiser, on behalf of itself and/or its affiliates identified in this Agreement, the Services described in this Agreement (each a "Service"). Advertiser may purchase any of the Services described in this Agreement from time to time by submitting insertion order forms to Publisher that reference this Agreement and the applicable Service(s)to be purchased and contain other applicable terms and conditions (each an "Order"). 1. Addendums and Orders. In addition to the terms set 3.4.Taxes. In the event that any federal, state or local taxes forth in these Standard Terms, Advertiser's purchases of are imposed on Advertiser's use of the Services hereunder, Services from Publisher under this Agreement are subject such taxes shall be assumed and paid by Advertiser. Collier to the terms and conditions set forth in the applicable County, Florida as a political subdivision of the State of Service-specific addendum to this Agreement (each an Florida, is exempt from the payment of Florida sales tax to "Addendum"). The details regarding Advertiser's purchase its Contractors under Chapter 212, Florida Statutes, of a particular Service (e.g., run dates, ad sizes, etc.) will Certificate of Exemption#85-8015966531C-1. be described in an Order. Multiple Orders may be executed 3.5.Late Payment. If any amount is not paid by Advertiser under this Agreement for a single type of Service. when due, such amount shall bear interest at the rate of 2. Term. The term of this Agreement will commence as of twelve percent (12%) per annum or the maximum amount the Effective Date and shall continue in effect unless and permitted by law (whichever is lower), computed from the until terminated through February 28, 2021 ("Term"). original due date until paid. 3. Economic Terms. 3.6.Credit Check. The terms of this Agreement may be 3.1.Fees. Fees for each Service purchased by Advertiser subject to a satisfactory credit check on Advertiser. hereunder will be calculated based on Publisher's (or its 4. Advertising Materials. affiliates', if applicable) standard rate card for such Service 4.1.Content. Advertiser may, from time to time, provide ("Standard Rates") in attached Exhibit A. Notwithstanding Publisher with advertising materials, including, without the foregoing, if Advertiser is committing to an annual limitation, text, data, video, audio, images, illustrations, and spend amount or making other firm commitments (e.g., graphics, trademarks, service marks, and logos placement, frequency and/or volume commitments), as (collectively, "Advertiser Content") for use in connection further specified in Advertising Commitment (each a with Publisher's distribution of the Services purchased "Commitment"), Publisher and Advertiser may agree that hereunder. Advertiser is entitled to discounts off of the Standard Rates on Services purchased in satisfaction of such Commitment. 4.2.License. Advertiser hereby grants Publisher and its Any such discounts will be reflected in Advertising designees a non-exclusive, irrevocable, worldwide, Commitment (or in adjusted rate cards attached to transferable, sub-licensable right and license (i) to use, Advertising Commitment). reproduce, mirror, distribute, modify, perform and display 3.2.Payment. Publisher will invoice Advertiser on a the Advertiser Content(or any portion thereof) via print and monthly basis,and payment is due upon receipt of a proper on the websites (mobile and traditional), properties, invoice and in compliance with Chapter 218, Fla. Stats., applications and/or devices described in this Agreement otherwise known as the "Local Government Prompt (including any Orders) (collectively, the "Distribution Payment Act." Any late interest fees shall be pursuant to Networks"); (ii) to modify copy, reformat, transmit and Section 218.74, Fla. Stat. If Advertiser fails to timelya otherwise manipulate the Advertiser Content in connection pay, with such display; and (iii) to use Advertiser's name and Publisher may suspend the provision of services hereunder logo in connection with providing the Services. or immediately terminate this Agreement. All deliverables will be the property of Publisher until payment in full is 4.3.Clearances. Advertiser will be responsible, at its own received. cost and expense, for obtaining all clearances, 3.3.Expenses. All expenses related to the delivery of authorizations, permissions, licenses, and releases Advertiser Content or other materials to Publisher and the (collectively, "Clearances") from third parties necessary to return of such materials by Publisher(if return is directed in enable Publisher to distribute the Advertiser Content under writing by Advertiser)shall be paid by Advertiser. Publisher this Section 4, including, without limitation, (i) Clearances may dispose of any advertising materials delivered to it for any of the following creative elements appearing in or unless acceptable prepaid return arrangements have been otherwise displayed via the Advertiser Content: photos, made. video footage, music (including, without limitation, any synchronization and mechanical licenses), audio tracks, trademarks, service marks, and rights of publicity and other 93314V.16 5/9/16 16E3 indicia of identity, and (ii) Clearances from any individuals 7.2.Termination of Orders. Either party may terminate any or entities whose trademarks, service marks, other Order for convenience at any time upon thirty (30) days' corporate indicia, names, voices, likenesses, and other prior written notice. indicia of identity may appear in any of the Advertiser 7.3.Effect of Termination. Upon any termination of this Content. Agreement, Advertiser shall pay to Publisher all accrued 4.4.Advertiser Approval Right. To the extent that Publisher and unpaid fees for Services utilized by Advertiser through and/or its affiliates are developing any creative or other the effective date of termination. Sections 3, 4, 5, 6, 7.3, 8, deliverables on behalf of Advertiser under any Order (e.g., 9, 10, 11 and 12, as well as any other representations, Ads, emails, social media campaigns, etc.), Advertiser will warranties or indemnification obligations under any have two (2) days from receipt of any such deliverable to Addendum will survive any termination of this Agreement. review and approve the deliverable. Advertiser must notify 8. Representations and Warranties; Disclaimer. Publisher in writing of any rejection of the deliverable within two (2) days after receipt thereof or the deliverable will be 8.1.Advertiser Warranties. Advertiser represents and deemed approved by Advertiser. Advertiser will not warrants that (i) it has the full right, power and authority to unreasonably withhold its approval. Only one (1) round of grant the licenses and related rights granted herein and has revisions shall be provided unless otherwise agreed by acquired any and all Clearances that are necessary in Publisher. Additional corrections or modifications will be connection with Publisher's exercise of such rights and subject to an additional charge and may result in delays in licenses, (ii) the Advertiser Content is true and accurate, the service start date. Any additional charges will be does not violate any law or regulation and is not misleading, provided to the Advertiser in advance of invoicing. defamatory, libelous or slanderous, (iii) Publisher's use of 5. Ownership. All Advertiser Content or other materials the Advertiser Content in connection with providing the furnished by Advertiser for use hereunder will remain the Services will not infringe upon or violate the rights or property of Advertiser and, subject to Section 3.3, will be property interests of any third party, including without limitation, any patent, copyright, trademark, trade secret or returned upon request. The results of any and all work performed by Publisher, including development of other intellectual property or proprietary right of any other advertising material, creative work, or other content for party, or any right of privacy or publicity, and (iv)Advertiser Advertiser,will be the property of Publisher. Advertiser may will maintain a privacy statement on its principal website not modify such material or authorize the reproduction or ("Privacy Statement") that complies with applicable law use of such material in any medium without Publisher's and accurately and transparently discloses its privacy prior written consent. Unless otherwise agreed by the practices to users of such website, including any privacy parties, Advertiser and its affiliates may use such creative practices implicated by the undertakings contemplated by content only in the format provided by Publisher. this Agreement. Advertiser will notify Publisher in writing promptly if any of the foregoing representations and 6. User Information. Any user or usage data or warranties becomes untrue. information collected via Publisher's Digital Properties or 8.2.Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN related to Publisher's Digital Properties, or any information THIS AGREEMENT, NEITHER PARTY MAKES ANY collected from sites operated by Publisher's affiliates under REPRESENTATIONS OR WARRANTIES, EXPRESS OR this Agreement, shall be the property of Publisher and/or IMPLIED, INCLUDING WITHOUT LIMITATION ANY such affiliates. Advertiser shall have no rights in such IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS information by virtue of this Agreement. Any user or usage FOR A PARTICULAR PURPOSE OR NON data or information collected via the Yahoo! Properties shall INFRINGEMENT. ALL SERVICES ARE PROVIDED "AS be the property of Yahoo!(to the extent Advertisements are IS" AND "WITH ALL FAULTS." PUBLISHER, ITS being placed on the Yahoo! Properties pursuant to the SERVICE PROVIDER AND ANY VENDORS SHALL HAVE terms hereof). NO LIABILITY OR RESPONSIBILITY TO ADVERTISER 7. Termination. OR ANY OTHER PERSON WITH RESPECT TO ANY 7.1.Termination of Agreement. Either party may terminate CLAIMS ARISING OUT OF OR IN CONNECTION WITH this Agreement (including all Addendums entered into ANY ADVERTISER CONTENT OR OTHER MATERIALS hereunder) upon written notice to the other party (i) at any DISPLAYED ON ADVERTISER'S WEBSITES) OR THE FAILURE TO DISPLAY ANY SUCH MATERIALS ON time, if there are no current Orders then in effect under any Addendum; (ii) in the event of a material breach of this PUBLISHER'S WEBSITE(S). PUBLISHER DOES NOT REPRESENT OR WARRANT THAT ANY SERVICES, Agreement or any Order by the other party that remains ADS OR OTHER MATERIAL WILL BE DISPLAYED ON uncured for a period of thirty (30) days following receipt of ANY PUBLISHER WEBSITE WITHOUT INTERRUPTION written notice of such breach from the non-breaching party; or(iii) if the other party becomes the subject of a petition in OR ERROR, AND PUBLISHER WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED BY bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of ADVERTISER RELATING TO THE UNAVAILABILITY OF creditors, or ceases business as a going concern. THE INTERNET OR WEBSITE(S) ON WHICH ADVERTISER'S ADVERTISEMENTS ARE PUBLISHED. PUBLISHER MAKES NO REPRESENTATIONS OR 5/9/16 93314V.16 CA 16E3 WARRANTIES RELATING TO THE RESULTS OF MONTHS PRECEDING THE EVENT GIVING RISE TO SERVICES, INCLUDING WITHOUT LIMITATION, THE THE CLAIM. NUMBER OF IMPRESSIONS, CLICK-THROUGHS, OR LEADS AND ANY PROMOTIONAL EFFECT OR RETURN 11. Miscellaneous. ON INVESTMENT. 11.1. Consent to Receive Faxes. Advertiser consents to 9. Indemnity, receive facsimile communications from Publisher regarding its products and services at the following facsimile 9.1.Indemnity. To the extent limited by Florida law, number(s) (239)252-6333. Advertiser will indemnify and hold Publisher, Gannett Co., 11.2. Waiver/Severability. The waiver or breach of any Inc., Yahoo! (to the extent Advertiser has selected provision of this Agreement shall not operate or be distribution of its Ads via the Yahoo! Properties, as construed as a waiver of any other breach of the same or described in Addendum A) any other entities that own or any other term or condition. If any provision of this operate any of the Distribution Networks and each of their Agreement is found to be unenforceable, the remainder respective subsidiaries, affiliates, officers, directors, shall be enforced as fully as possible and the unenforceable employees, agents, vendors, and service providers(each a provision shall be deemed modified to the limited extent "Publisher Indemnitee") harmless from and against any required to permit its enforcement in a manner most closely and all suits,judgments, proceedings, claims, losses, costs approximating the intention of the parties as expressed and expenses (including reasonable attorneys' fees) herein. In the event that the amounts charged for (collectively, "Losses") arising out of a third party claim advertising under this Agreement are found unlawful, resulting from(i)the Advertiser Content and other materials otherwise invalid, or incapable of being enforced, the rate provided by Advertiser, or any websites or content that is to be charged for advertising shall conform with that linked to from any such Advertiser Content or other mandated by Florida Statutes§ 50.061. materials, including, without limitation, any claim such Advertiser Content or material is libelous or defamatory or 11.3. Assignment. Neither party may assign any of its violate or infringe the rights of any third party, including any rights and/or obligations hereunder or this Agreement patent, copyright, trademark, trade secret, or other without prior written consent. Such written consent shall intellectual property or proprietary rights, or any rights of not be reasonably held. privacy or publicity, or claims based on Advertiser's willful 11.4. Governing Law. This Agreement will be governed misconduct, negligence or strict liability for a defective by and construed in accordance with the laws of the State product; (ii) violation of any laws, rules or regulations of Florida, without regard to its conflict of law provisions. applicable to Advertiser's business operations, products and/or services; (iii) any actual or alleged breach of 11.5. Force Majeure. Neither party will be liable to the Advertiser's representations, warranties, or obligations other party for delays and/or defaults in its performance or under this Agreement; or (iv) Advertiser's Privacy commitments under this Agreement due to causes beyond Statement. The Advertiser's indemnification is subject to its reasonable control and without its fault or negligence, Fla. Stat. §768.28 and shall not constitute a waiver of its including but not limited to acts of God or of the public sovereign immunity. enemy, fire or explosion, flood, earthquake, actions of the 9.2.Duty to Defend. Advertiser shall defend at its own elements, war, riots, embargoes, quarantine, strikes, expense any claim instituted by any person or entity against lockouts, disputes with workers or other labor disturbances, a Publisher Indemnitee resulting from a claim covered by or acts or requests of any governmental authority. Section 9.1. The Publisher Indemnitee(s) will have the 11.6. Public Records Compliance: By executing and right, at its or their option, to defend such litigation jointly entering into this Agreement, the Contractor is formally with Advertiser. acknowledging without exception or stipulation that it 10. Limitation of Liability. EXCEPT FOR THE PARTIES agrees to comply, at its own expense, with all federal, state INDEMNIFICATION OBLIGATIONS UNDER THIS and local laws, codes, statutes, ordinances, rules, AGREEMENT (IF ANY), IN NO EVENT SHALL EITHER regulations and requirements applicable to this Agreement, PARTY (INCLUDING YAHOO!, TO THE EXTENT including but not limited to those dealing with the ADVERTISEMENTS ARE BEING PLACED ON THE Immigration Reform and Control Act of 1986 as located at YAHOO! PROPERTIES HEREUNDER) BE LIABLE TO 8 U.S.C. 1324, et seq. and regulations relating thereto, as THE OTHER OR ANY OTHER ENTITY FOR ANY either may be amended; taxation, workers' compensation, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, equal employment and safety, and the Florida Public OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY Records Law Chapter 119, including specifically those THEORY OF LIABILITY, AND WHETHER OR NOT SUCH contractual requirements at F.S. § 119.0701(2)(a) (b) as PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF stated as follows: SUCH DAMAGES. PUBLISHER'S LIABILITY ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID OR OWED BY ADVERTISER TO PUBLISHER HEREUNDER DURING THE SIX (6) 93314V.16 5/9/16 16E3 IF THE CONTRACTOR HAS QUESTIONS REGARDING completion of the contract, the Contractor shall destroy any THE APPLICATION OF CHAPTER 119, FLORIDA duplicate public records that are exempt or confidential and STATUTES, TO THE CONTRACTOR'S DUTY TO exempt from public records disclosure requirements. If the PROVIDE PUBLIC RECORDS RELATING TO THIS Contractor keeps and maintains public records upon CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC completion of the contract, the Contractor shall meet all RECORDS AT: applicable requirements for retaining public records. All records stored electronically must be provided to the public Communication and Customer Relations Division agency, upon request from the public agency's custodian 3299 Tamiami Trail East,Suite 102 of public records, in a format that is compatible with the Naples, FL 34112-5746 information technology systems of the public agency. Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida 12. Third Party Beneficiaries. The disclaimers and limitations Public Records Law to: of liability made by Publisher, and the representations and warranties made by Advertiser in this Agreement shall 1. Keep and maintain public records required by the apply to Publisher's vendors, and Yahoo! (to the extent public agency to perform the service. Advertisements are being placed on the Yahoo! Properties 2. Upon request from the public agency's custodian of hereunder), as intended third party beneficiaries of this public records, provide the public agency with a copy of the Agreement. requested records or allow the records to be inspected or 13. Entire Agreement. This Agreement, including any copied within a reasonable time at a cost that does not Addenda or Order(s), is the entire agreement of the parties exceed the cost provided in this chapter or as otherwise regarding the provision of the Services and supersedes any provided by law. and all prior written or oral agreements between the parties 3. Ensure that public records that are exempt or related to the subject matter hereof. This Agreement may confidential and exempt from public records disclosure be signed in more than one counterpart. This Agreement requirements are not disclosed except as authorized by law may not be modified except in a writing signed by both for the duration of the contract term and following parties. completion of the contract if the Contractor does not transfer the records to the public agency. 14. Counterparts. This Agreement may be executed in 4. Upon completion of the contract, transfer, at no cost, to counterparts, each of which will constitute an original, and the public agency all public records in possession of the all of which will constitute one agreement. Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon Signature page to follow 93314V.16 519116 Cts 16E3 IN WITNESS WHEREOF, the parties have executed this Agreement, including all Addenda and Exhibit, as of the Effective Date. PUBLISHER REPRESE_ NTATt,E ADVERTIS ff jj��(�? � f By: I���UJ`'t�- 1� , - 0.,,,eee4loas— Name: L)tll By: Title: Ress-�6 ,' - TP Burt L. Saunders, Chairman District 3-Board of County Commissioners PUBLISHER REPRESENTATIVE WITNESS ATTEST: CRYSTAL K. KINZEL, CLE• • AND COMP ' OLLER-- '',' Name: \L,_-, Y,,, Li Jh-f t' A t,-- 4 t as to Chairm .Deputy perk= Y Title: CN,...,(:.c t .,•kl- r-ikr v-C, •. „5fiIClic R Ap as to for an legality: ;.1 uu:pity. .e:" Scott R. Teach, Deputy County Attorney • Item# 16c 5,. Agenda 01 Date v Date 313 'a Recd �► P ieputy -ns T�\ 93314V.16 519116 16 E3 ADDENDUM A —PRINT AND ONLINE ADVERTISING If Advertiser is purchasing (i) print advertising ("Print Ads") for display in Publisher's newspaper property(ies) (each a "Newspaper"), or (ii) online display advertising ("Digital Ads" and collectively with Print Ads, "Ads") for distribution on Publisher's digital media property(ies) (e.g., Publisher's website(s), Publisher's tablet or mobile applications, digital display ads associated with the e-edition of Publisher's newspaper, etc.) specified in the applicable Order (each a "Digital Property"), and/or on Yahoo! Properties (as defined below), then the additional terms and conditions set forth in this Addendum A and Addendum A-1 will apply to each Order submitted for such Advertising Services. 1. Rates. Unless otherwise specified in Advertising through such servers. The parties agree that Publisher's and/or Commitment in connection with a Commitment from Advertiser, Yahoo!'s final impression measurements will be used to determine Advertiser's purchase of Ads for display in the Newspapers, on the fees due under this Agreement. the Digital Properties and/or on the Yahoo!Properties will be billed 4.2. By a Third Party. If a third party ("Third Party") will be at Publisher's Standard Rates. Advertiser acknowledges that it responsible for serving the Digital Ads through such Third Party's has been provided a copy of Publisher's standard rate card. The ad server, and such Third Party will track delivery of the Digital rate card, including any terms and conditions in such rate card, Ads through its server. The Third Party's final audited impression are hereby incorporated into this Agreement by reference, measurements will be used to determine the fees due under this provided that in the event of a conflict between any terms or Agreement. If the parties agree to use a Third-Party ad server conditions in the rate card and the terms of this Agreement, the under the terms of this Addendum, Advertiser agrees to provide terms of this Agreement will control. Publisher with a user login name and password to access the 2. Yahoo! Ad Network. To the extent Advertiser has selected Third Party's impression measurements for purposes of delivery of Ads across the Yahoo! Ad Network, Advertiser verification of such measurements. acknowledges and agrees that Publisher is acting as sales agent 5. Invoices. Publisher agrees that invoices covering the for Yahoo!, Inc. ("Yahoo!") and as such, can facilitate the delivery of Ads hereunder will contain: (a) the dates and times placement of Ads on the Yahoo!Properties in accordance with the upon which Advertiser's Ads were displayed in the Newspapers terms of this Agreement. For purposes of this Agreement, and/or the Digital Properties, and, if applicable, dates and times "Yahoo! Properties" means the website located at yahoo.com, upon which the Ads could be accessed on the Digital Properties, including all sub-domains of yahoo.com and any mirror sites or (b) where applicable, the number of impressions, and/or click- successor sites to such web site and sub-domains and any or all throughs reported during such dates, and (c) the charge to of Yahoo!'s or its affiliates' properties, software, products, Advertiser. The invoice shall serve as Publisher's and Yahoo!'s services,web sites and web pages that are developed in whole or (if applicable)certificate of performance. in part by or for Yahoo!or its affiliates,to the extent designated in the chart above. 6. Short-Rating. If Advertiser has made a Commitment in accordance with Advertising Commitment of this Agreement and, 3. Delivery. at the end of the Commitment Term set forth in Advertising 3.1. Deadlines.Advertiser will provide Publisher all applicable Ads Commitment Advertiser has either (i) purchased less volume by Publisher's standard deadline(as designated by Publisher), in (inches/pages/impressions) of Ads than agreed to in the a format suitable for display in the Newspaper(s) or on the Advertising Commitment or (ii) fallen short of the minimum applicable Digital Property(ies), as applicable, via a transmission revenue commitment agreed to in Advertising Commitment,then, if Publisher's Standard Rates are higher than the rates Advertiser method mutually agreed upon by the parties. Advertiser shall have the right to change any Ads(s) after submission, provided was paying during the Commitment Term, (a) Advertiser will be that it submits any such changes to Publisher no later than billed for(and will be obligated to pay)the difference between the Publishers standard deadline (as designated by Publisher). Standard Rate and the Commitment Term rate for all Ads that ran Advertiser shall pay all expenses connected with the delivery of during the Commitment Term, and (b) Advertiser will be billed at the Ad(s)to Publisher. Changes to any Ads after first publication the Standard Rate (as such Standard Rate may be modified in may result in additional charges, which will be disclosed to accordance with Section 1, above) for all Ads run after the Advertiser in advance. Commitment Period. 3.2. Submission of Advertising Materials. Unless otherwise 7 Cancellation. agreed to by the parties in writing, Advertiser will provide all 7.1. Cancellation of Print Ads. Cancellations will not be accepted creative services and necessary text,data,images,illustrations or for Print Ads after the Publisher's standard closing time, as graphics and/or other materials with respect to the Ads(s). designated by Publisher. Advertiser will be responsible for any Advertiser will submit the Ad(s)in accordance with the applicable production or creative services provided by Publisher regardless Publisher policies and/or Yahoo! policies (if applicable) in effect of the cancellation of any Print Ads. from time to time, including policies regarding artwork specifications,format and submission deadlines. 7.2. Cancellation of Digital Ads 4. Ad Serving. Advertiser grants to Publisher and Yahoo!, as 7.2.1. Cancellation Prior to Initial Distribution. At any time prior applicable, a license to (a) display Advertisers Ads on the to the serving of the first impression of a Digital Ad on a Digital Distribution Network; and (b) modify,copy, reformat,transmit and Property under this Agreement, Advertiser may cancel an online otherwise manipulate the Ads in connection with such display. advertising campaign on thirty (30) days prior written notice to Advertisements will be served in accordance with one of the Publisher. following options: 7.2.2. Cancellation After Initial Distribution Once the first 4.1 By Publisher. If Publisher and/or Yahoo! will be responsible impression of a Digital Ad has been served on any Digital for serving the Digital Ads through its own ad servers, then Property, Advertiser may cancel an online advertising campaign Publisher and/or Yahoo! will track delivery of the Digital Ads by giving Publisher written notice of such cancellation, which Addendum A 16E3 cancellation will be deemed effective on the later of: (i)thirty (30) 9.3. Removal or Change of Content. Publisher and/or Yahoo! (to days after serving of the first impression of the applicable the extent Advertisements are being placed on the Yahoo! campaign; or(ii)fourteen (14)days after providing Publisher with Properties hereunder) in its sole discretion, may remove or revise such notice. If Advertiser exercises its right to cancel under this its Newspaper(s) and/or Digital Property(ies), including the Paragraph 8(b), Advertiser will be responsible for all fees that Newspapers' and/or Digital Properties' content, nature, design, accrue prior to the cancellation date. and/or organization, during the term of this Agreement. If any such revision materially alters the value of the Ad(s)to be run by 8. Reservation of Rights. Publisher may reject, remove or Advertiser, Publisher will notify Advertiser of such revisions. If the cancel any Ad, space reservation or position commitment at any parties cannot agree upon a satisfactory substitution for the time in its sole discretion. Publisher also may edit, reject or affected ads due to such revision, Advertiser may cancel this remove from its Newspaper(s)and/or Digital Property(ies),at any Agreement with respect to the affected Ad(s) and shall not have time, any Ad or other material submitted by Advertiser or its to pay(or shall receive a refund)for Ads not displayed due to such Agency,or place the Ad in any Publisher advertising classification cancellation. Such cancellation shall be Advertiser's sole and or section that Publisher deems appropriate. Publisher also shall exclusive remedy and Publisher shall have no further liability have full latitude with respect to positioning all advertisements in whatsoever. the Newspapers; provided, however, that Publisher will use its reasonable efforts to accommodate Advertiser's positioning 10. Pre-Print Policy. All pre-prints must conform to the requests. Publisher's standard pre-print specifications and recommended 9. Responsibility for Advertisements. waste calculations, which will be provided by each Publisher. Inserts must be delivered to the Publisher at least 10 days in 9.1. Technical Quality; Typographical Errors; Incorrect Insertions advance of distribution date. The Publisher will invoice pre-print or Omissions. Publisher is not be responsible for any material that billing quantities based on copies actually distributed (i.e., home is not properly displayed or that cannot be accessed or viewed delivery net sales, single copy total draw, and other circulation). because the material was not received by Publisher in the proper Advertiser agrees to be billed the ordered distribution in the event form, in a timely manner, or in an acceptable technical quality for that out of specification inserts are received. display on the Digital Property(ies) and/or the Yahoo! Properties 11. Native Advertising. If the campaign(s) described in the (if applicable). This Agreement cannot be invalidated,and neither Agreement contemplate that Publisher will distribute Native Publisher nor Yahoo! will be liable for typographical errors, Advertising campaigns on behalf of Advertiser, "Native incorrect insertions or incorrect publication or omissions in any Advertising"shall include any long-form content that is published Advertiser Content displayed or published pursuant to this on Publisher's print and/or digital platforms (as specified herein) Agreement or omitted from display or publication. that is either(i)created by or on behalf of Publisher,at Advertiser's 9.2 Failure to Display Advertiser Content. Publisher and Yahoo! direction, for the purpose of enabling Publisher to run a (to the extent Advertisements are being placed on the Yahoo! contextually relevant advertisement on behalf of Advertiser Properties hereunder) are not required to display any Advertiser ("Publisher Content"), or (ii) is provided by Advertiser or its Content or other material for the benefit of any person or entity designee for placement by Publisher in or on its print or digital other than Advertiser. If there is an interruption or omission of the properties specified herein("Advertiser Content"), Advertiser, in publication of any Advertiser Content or other material contracted its sole discretion, will have the right to approve any Publisher to be published hereunder, Publisher and/or Yahoo!(to the extent Content prior to publication by Publisher in connection with the applicable) may suggest a substitute time period for the campaign described herein, and Publisher, in its sole discretion, publication of the interrupted or omitted Advertiser Content or will have the right to approve any Advertiser Content prior to material or run the Ads in a different position in the Newspaper(s) publication by Publisher in connection with such campaign. For or on the Digital Property(ies), as determined by Publisher, clarity, Publisher will not be obligated to publish,via any platform, Alternatively, in cases where Advertiser is paying on a fixed fee any Advertiser Content that Publisher determines, in its sole basis or has paid in advance, and if no such substitute time period discretion, does not meet Publisher's content guidelines or is is acceptable to Advertiser in Advertiser's good faith business otherwise inappropriate for publication. In addition, Publisher judgment, Publisher shall provide a"make good" in the form of a reserves the right, in its sole discretion, to include labels in, on reduction in the amount of fees due to Publisher(or credit of fees and/or around any Native Advertising published on behalf of already paid) equal to the proportionate amount of money Advertiser hereunder that indicate that the applicable Native assigned to the interrupted or omitted Ad(s). Such substitution in Advertising content was sponsored by and/or provided by time period or placement or reduction in fees shall be Advertiser's Advertiser. sole and exclusive remedy for any failure to display Ads or other advertising material and Publisher and Yahoo! (to the extent Advertisements are being placed on the Yahoo! Properties hereunder) shall have no further liability hereunder for such failure. Addendum A 6E3 ADDENDUM B - DIGITAL MARKETING SERVICES If Advertiser is purchasing digital marketing services under this Agreement("Marketing Services"),the terms and conditions set forth in this Addendum B will apply to each Order Advertiser submits for such Marketing Services. Publisher has engaged G/O Digital, a division of TEGNA, Inc. ("G/O Digital") to provide Marketing Services which include Pay Per Click Service, SEO Service, Maps/Reputation Management Service, Email Marketing Service, Social Media Service, Web Design/Development/Hosting Service, and/or any other Marketing Services that G/O Digital may make available from time to time, subject to any applicable terms and conditions regarding such Marketing Service. G/O Digital shall provide such Marketing Services in accordance with the terms of this Agreement. For clarity, if Advertiser has not purchased a particular Service described below, then the terms below relating to that Service will not apply to Advertiser. 1. Rates. Unless otherwise specified on Advertising Advertiser. Advertiser will have the opportunity to review and Commitment from Advertiser,Advertiser's purchase of Marketing approve all email marketing messages prior to the launch of an Services will be billed at Publisher's Standard Rates. Advertiser email marketing campaign under the applicable Order. Publisher acknowledges that it has been provided a copy of Publisher's will determine the transmittal date and time. The Order will specify standard rate card for Marketing Services. The rate card, (i) whether Publisher or Advertiser determines the recipient list including any terms and conditions in such rate card, are hereby and(ii)the number of recipients and the number of transmittals to incorporated into this Agreement by reference,provided that in the the recipient list. Publisher does not make any representations or event of a conflict between any terms or conditions in the rate card warranties about deliverability or open rates. Upon request of and the terms of this Agreement,the terms of this Agreement will Publisher, Advertiser will provide its Do-Not-Email list for control. Publisher's use in deleting addresses on such list from the 2. Marketinq Services. recipient list. Advertiser represents and warrants that its Do-Not- Email list includes addresses for all recipients who have opted out 2.1. Pay Per Click ("PPC") Service. Publisher will create ads of receiving emails from Advertiser. based on the Advertiser Content and will distribute the Ads through the Publisher Distribution Networks. Advertiser will have 2.6. Social Media Service. Publisher's Social Media Service the opportunity to review and approve all PPC campaigns prior to includes the creation and maintenance of Advertiser's social launch. Advertiser will be solely responsible for all content media accounts(e.g.,Facebook,Twitter,Foursquare,etc.)on the associated with any PPC campaign. Fees are based upon the sites as agreed upon by Publisher and Advertiser. To the extent number of clicks on ads by users, based on the cost per click Advertiser's social media accounts are already claimed by ("CPC") rate set forth in the applicable Order. Advertiser or its representative, Advertiser will provide administrative credentials for such social media outlets to enable 2.2. Search Engine Optimization ("SEO") Service. The SEO Publisher to provide the Social Media Service as contemplated Service includes the optimization of the chosen number of herein. Advertiser shall have the opportunity to review and keywords (e.g., 5, 10, 15 or custom) and the application of"on approve all social media posts, tweets, and other social media page"and"off page"SEO strategies for Advertiser's website,with statements or content prior to publication of the post, tweet, the goal of obtaining improved ranking in organic search engine statement or other content distributed by or on behalf of Advertiser results for selected keywords.To the extent Advertiser's website via Advertiser's social media accounts. Advertiser will ensure that is not hosted by Publisher, Advertiser will provide access to its all such content complies with applicable law and applicable social website to enable Publisher to perform the SEO Service. media service's terms of service, as such terms of service may be Notwithstanding the foregoing or anything in this Agreement to the modified from time to time. Advertiser further acknowledges that contrary, Advertiser acknowledges that, although Publisher will Publisher does not operate or otherwise control any third-party use reasonable efforts to optimize the ranking of Advertiser's ads social media service. Publisher is not responsible or otherwise based on the selected keywords, Publisher makes no guarantee liable for any inaccuracy on, or unavailability of, any third-party that Advertiser's search ranking position will be maintained or social media service. optimized. Advertiser agrees that Publisher will not be liable for any unfavorable ranking results of Advertiser's ads,whether such 2.7. Web Design/Development/Hosting Service. "Desktop or unfavorable results arise from the SEO Service or from an act or Mobile': Publisher will design, develop, and/or update the omission of the applicable search engine. Advertiser's website as part of this service. Publisher's Services 2.3. Maps/Reputation Management Service. This Service is may include hosting a website for Advertiser,including performing designed to help Advertiser's business listing appear in the maintenance and controlling the functionality and accessibility of "Google Maps/Places" in response to searches for Advertiser's the website. Publisher may perform these Services directly or optimized keywords.Advertiser acknowledges that search results through a subcontractor. Advertiser is required to provide and search engine rankings are influenced by several factors,and Publisher with its terms of use and privacy policy to be displayed Publisher does not guarantee any placement in the "Google on its website. Maps/Places" or a particular position or rank for Advertiser's website or business listing in any search results. 3. Ancillary Services. In connection Advertiser's subscription with one or more of the Marketing Services described in Section 2.4. Keywords. Advertiser acknowledges and agrees that 1, above, Publisher may provide the following ancillary Services: Publisher, in its discretion, may select keywords for the PPC and SEO campaigns and for Maps Reputation Management Services. 3.1. Proxy Sites. Publisher may provide a mirrored version of the Publisher will use reasonable efforts to use Customer provided Advertiser's website ("Proxy Site"). In order to use the proxy keywords; however, Publisher cannot guarantee that all of the service, (i) Advertiser's website must be operational, functional, Customer's keywords will be used. and accessible through the Internet,and (ii)the URL visible above the Proxy Site to users clicking on the Advertiser's ad must reflect 2.5. Email Marketing Service. Publisher's Email Service includes the website address for the Proxy Site and NOT that of the the creation of email marketing messages based on the Advertiser Advertiser's website.Advertiser agrees that Publisher is in no way Content and transmission of email messages on behalf of Addendum B 16E3 responsible for the operation and functionality of the Advertiser's website. Advertiser agrees that it has all rights to the content on the Advertiser's existing website and Advertiser is able to grant the right to Publisher to use the content in connection with the Services. 3.2 Call Recording Services. If Advertiser elects to use the Call Recording Service in connection with one or more of the Marketing Services described in Section 1, above, Publisher will, on Advertiser's behalf, record (i) calls between Advertiser and its clients regarding the Services (the "Service Calls") and (ii) incoming calls to Advertiser from prospective clients of Advertiser (the"Inbound Calls") (collectively"Call Recording"). Advertiser acknowledges that the purpose for Call Recording is for auditing this Agreement and the Services in the Order. Advertiser grants specific permission to Publisher to administer, monitor, use and access Call Recording and the content of the recorded calls as Advertisers agent. Publisher will provide prompt disclosure in Call Recording that the Service Call or Inbound Call may be recorded ("Recording Notification"). Advertiser acknowledges that it is responsible for notifying and/or obtaining the consent to Call Recording from its representatives (including employees, agents and independent contractors) who may be recorded in a Service Call or Inbound Call. For clarity,Advertiser acknowledges and agrees that Publisher is not responsible to provide any notice in connection with Call Recording other than Recording Notification. Advertiser specifically acknowledges that Publisher is not responsible to provide notice of rights of the Advertiser's clients and prospective clients relating to potentially confidential or privileged communications. Any notice required by law other than Recording Notification is the sole responsibility of the Advertiser. 4. Indemnification for Call Recording. Without limiting Advertiser's indemnification obligations under Section 8.1 of the Terms and Conditions, if Advertiser uses the Call Recording service, to the extent limited by Florida law, Advertiser agrees to indemnify and hold the Publisher Indemnitees harmless from and against any and all Losses arising out of a third-party claim resulting from any failure by Advertiser to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996(ii)Advertiser's use or misuse of the Call Recording service. Advertiser shall not use the Call Recording service to intimidate, harass, or otherwise violate the privacy or other rights of a caller and a Recorded Person. If Publisher learns about any alleged misuse of the Call Recording service, Publisher reserves the right to terminate the totality of Advertiser use of the Call Recording service without notice or liability. CA Addendum B 16E3 Exhibit A Advertising Commitment and Advertising Services Agreement#20-7721-WV Standard Rate Card Starting 3/1/2020 and Ending 2/28/21 By signing a revenue commitment contract, Collier County will be billed at the per column inch rate of $39.69 per day on any day regardless of size or frequency in the Naples Daily News. This applies for All Non-Legal Advertisements otherwise known as"Run of Paper"ROP advertisements,which exclude legal advertisements. This rate includes color. No further discounts will apply. The per column inch rate for the Collier Citizen or the Marco Eagle will be $10 per column inch regardless of the day of publication, size and includes color. No further discounts will apply. Due to the slight ad size changes going forward. Naples Daily News will use the "grandfathered rates" listed below shown in the column below vs the calculated per column inch rate for only"Run of Paper"display ads. Legal advertisements rate remains$3.50 per line for the first day and the second and subsequent will receive a 15%discount allowed by Florida Statutes to government agencies. In the event that the amounts charged for advertising under this Agreement are found unlawful,otherwise invalid,or incapable of being enforced, the rate to be charged for advertising shall conform with that mandated by Florida Statutes § 50.061. Print Rates: Naples Daily News($39.69 per column inch) Ad Size Column Inches Ad Dimensions Calculated Rate Grandfathered Rates 1/8 page(V) 15.33 3 x 5.11 $608.45 $535.82 1/4 page(V) 30.96 3 x 10.32 $1228.80 $1101.40 1/4 page (H) 30.66 6 x 5.11 $1216.90 $1101.40 1/2 page(V) 62.25 3 x 20.75 $2470.70 $2202.80 1/2 page(H) 61.92 6 x 10.32 $2457.60 $2202.80 Full page 124.5 6 x 20.75 $4941.41 $4465.13 In the 239($39.69 per column inch) Ad Size Column Inches Ad Dimensions Calculated Rate Grandfathered Rates 1/4 page(V) 14.46 3 x 4.82 $573.92 $595.35 1/4 page(H) 14.16 6 x 2.36 $562.01 $595.35 1/2 page(V) 29.25 3 x 9.75 $1160.93 $1190.70 1/2 page(H) 28.92 6 x 4.82 $1147.83 $1190.70 Full page 58.5 6 x 9.75 $2321.87 $2381.40 Marco Eagle or Collier Citizen($10.00 per column inch) Ad Size Column Inches Ad Dimensions Calculated Rate Grandfathered Rates 1/8 page(V) 15.33 3 x 5.11 $153.30 $135.00 1/4 page(V) 30.96 3 x 10.32 $309.60 $277.50 1/4 page(H) 30.66 6 x 5.11 $306.60 $277.50 1/2 page(V) 62.25 3 x 20.75 $622.50 $555.00 1/2 page(H) 61.92 6 x 10.32 $619.20 $555.00 Full page 124.5 6 x 20.75 $1245.00 $1125.00 Page 1 of 2 Exhibit A CA 16E3 Digital Rates: Product Brief Description Rate Branded Content Client Provide Article. 250,000 digital ad impressions on yti .• —30 days. $2500 Branded Content Standard Article(Custom from news gathering-no interview) 250,000 digital ad impressions on w- •s, —30 days. $2500 Branded Content Custom Article(Custom article with two interviews) 500,000 digital ad impressions on w',i w.napl n ,s.conl—30 days. $5000 Branded Content Infographic/Quiz(Custom designed static, 10-15 questions) 500,000 digital ad impressions on www.naplesno‘s Loin—30 days. $5000 Display Ads Digital Display Ads on www.naple.Nnt Digital Paper Min. of$500. Price is rated per 1000 ($8.50 CMP). Min. I day. $8.50 CPM Audience Extension Digital Display Ads on variety of sites—Geo targeting only. Min.of$500 month/4months. Price is rated per 1000($5.00 CMP). $5.00 CPM Audience Extension Digital Display Ads on variety of sites—Retargeting/Geo/Specific Min.of$500 month/4months. Price is rated per 1000($9.00 CMP). $9.00 CPM Curated Extension Digital Display Ads on variety of sites—Very Specific Audience. Min. of$5000. Price is rated per 1000 ($9.00 CMP). $9.00 CPM Social Media Social optimization—leads,retargeting&website clicks. $1500 month Min.of$1500 month/4months. Email Marketing Targeting email marketing to specific demographics. Price is rated per 1000 CPM. Rates below,based on volume. $58 CPM starting =It '_ 1-2 3-5 611 124 Reminder 10,000-20,000 $53 556 $54 $52 $25 20,001-30,000 S46 $45 $43 $42 $20 30,001-50,000 556 $35 $34 $39 $16 � Client P•Ovlded final RT1vIL-50 50,001-75,000 $26 $25 $24 $23 $11 CI ant Denim t MTM.Cnnve•fiov-5200 75,001-100,000 $25 $24 $23 $22 $11 100,001-150,000 $23 $22 $22 $21 $10 Automotive Template-5200 150,001-250,000 $20 $20 $19 $18 $9 Fug Design&tTTWIt.Cod ng-5750 250,001-500,000 $2C $20 $19 $18 $9 Page 2 of 2 Exhibit A 'J' 16E3 WRITTEN CONSENT OF THE SOLE MEMBER The undersigned, being the sole member of the company shown on the attached, hereby adopts the following resolutions on behalf of the company by written consent in lieu of a meeting pursuant to the applicable statutory provision and terms of such company's operating agreement. IN WITNESS WHEREOF,the undersigned member has signed this instrument and directs that it be filed with the minutes of the proceedings of the company. DATE: December 31, 2018 Desk Spinco, Inc. By: Name: Elizabeth A.Allen Title: Secretary 16E3 SCRIPPS NP OPERATING,LLC a Wisconsin limited liability company RESOLVED: That the following are hereby elected officers of the Company to serve until the next annual meeting or until their successors have been elected and have qualified,and any previously elected officers of the Company are hereby removed: Robert J. Dickey President Barbara W. Wall Vice President Elizabeth A.Allen Secretary Minakshi Sundaram Treasurer Walter Nagel Assistant Treasurer