2016/04/25 Liturgical Publications, Inc. Publishing services agreement PUBLISHING SERVICE AGREEMENT
This Agreement is made this 25 day of April, 2016 by and between Liturgical Publications Inc (Publisher) and Kay
Ceniceros Senior Center, Menifee, CA (Customer). The parties agree that the Customer will use Publisher's services as
defined in section II below and shall provide copy on a timely basis. In consideration for Publisher providing a complete
and continuous publishing service, the Customer agrees to distribute the publication to its members and hereby assigns
to Publisher, all its rights to any advertising revenue from the publication. Publisher reserves the right to use alternative
printing procedures or production methods during the duration of the Agreement. Every attempt will be made to deliver
the publication in a timely manner, however, the customer acknowledges that the Publisher cannot be held responsible
for delivery exceptions due to weather emergencies, strikes, natural disasters, or acts of God.
I. TERM: This agreement shall commence immediately and shall continue in effect for 3 consecutive Publication Years
(each publication year consisting of 12 publications), with the first publication year to begin on the 01 day of October,
2016. The term of this Agreement shall include the initial Publication Year(s) and any subsequent renewal(s)
(collectively the"Agreement Term"). See section VI- MODIFICATIONS
II. SERVICES: Publisher shall provide to Customer all benefits outlined in the Agreement.
Absent the existence of factors beyond the control of either party (including without limitation due to acts of God,
natural disasters, war or the failure of Internet service providers, other vendors, or shipping carriers and without such
party's fault or negligence), Publisher shall deliver the publication to Customer within 7 business days. Publications
received after 2pm CST may take an additional business day.
A. Publisher shall provide the following publications)/services:
• 12 issues of a(n) 8 page (8.5x11) Newsletter consisting of 6 page(s) of content and 2 pages of sponsorship (4
half pages of ads on pages 3,5& 7), collate and staple, perforate, quarterfold. Quantity published will be 1000
copies per publication. Newsletter will consist of the following: Cover Sheet: Offset 11 x1 7 4/4. Sheet 2: Offset
11x17 4/4.
• Publisher will provide 1 hardcover bound book(s) of Customer's annual publications. Volume identification
embossed in gold lettering. Customer agrees to set aside 1 copy of each issue to be submitted at the end of the
year for binding.
B. Royalties:
• For the duration of this agreement Publisher will pay the Customer a profit sharing royalty in an amount equal to
30% of paid advertising revenue in excess of$10,500 per publication year.
III. VALUE ADDED SERVICES: Value-Added Services to be provided by Publisher to Customer for the duration of this
Agreement are as follows:
A. Customer will have unlimited access to Publisher's LPI Express® publication transmission software and service,
and shall receive training to produce and transmit the publication and receive toll free access to Publisher's
Customer Service and Technical Support Teams. Publisher shall provide to Customer an annual calendar or other
suitable schedule identifying holiday periods where scheduled copy and delivery dates may be modified.
B. Art & Media Portal (http://portal.4]pi.com) - our source for content and artwork to help you produce a better
publication. The Art & Media Portal, a $480 annual value, is updated regularly and contains over 35,000 pieces of
clip-art and publication content in both English and Spanish.
C. OurSeniorCenter (http://ourseniorcenter.com) - Your publication's presence on the Internet that includes the last
twelve issues of your publication online."
D. Publisher will not add or delete anything from Customer's submitted copy without prior consent.
E. Publisher will provide a subscription to Bright Ideas ($49.95/yr value). This quarterly magazine features over 200
new pieces of clip art each year, writing and grammar advice, inspirational articles by noted authors, bulletin
features, cartoons, and design tips.
F. Complete cost of all items mentioned in this Agreement is the responsibility of the Publisher unless otherwise
specified.
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IV. AGREEMENT: The contents of this document, including attached exhibits and/or subsequent renewal Agreements,
extensions, or revisions constitutes the entire Agreement regarding the subject matter contained herein between
Publisher and the Customer. The parties understand and agree to be bound by its terms and conditions. This
Agreement shall bind the parties,their successors and assigns.This Agreement is not intended to supersede or modify
other agreements.
Customer agrees to provide Publisher a copy of their vendor/accounts payable list only for solicitation of advertising for
the Publication. Publisher agrees to maintain confidentiality of these lists and only use them for contracted services
between Publisher and the Customer. Customer also agrees to make available a telephone, Internet connection (if
available), and work space for the Publisher's representative during scheduled sponsorship campaign(s). The
Customer further agrees to insert a timely pre-sell message into their publication.
V. RENEWAL: Publisher and Customer agree that at any date prior to the expiration of this Agreement, this Agreement
may be renewed or revised on terms then mutually agreeable to both parties. Publisher may offer renewal of this
Agreement in consideration for additional services, consisting of but not limited to software updates, intemet content
subscriptions, and value-added services, in exchange for Customer's renewal of this Agreement. Customer's electronic
acceptance or written approval of such offer(s) shall include acceptance of the renewal as presented in Publishers
offer(s). such a period and under such terms as are identical to those contained in this Agreement. Prior to declining
renewal with Publisher at the expiration of any Agreement Term, Customer shall give Publisher the opportunity to
match or exceed any written or verbal offer made to Customer for similar services.
Prior to replacing the service provided by the Publisher, the Customer agrees to give the Publisher the opportunity to
match or exceed any other publishers offer before entering into an agreement with them.
VI. MODIFICATIONS:
A. Precedence: In the event of any conflict between Sections of this Agreement,
Section VI shall prevail over all other Sections in this Agreement.
B. Customer will not be listed on any LPi sponsored website or directory.
C. Section is deleted and replaced in its entirety with this Section 1:
Sectionl:TERM:This Agreement shall commence upon execution of both parties.
The Term of this Agreement shall include the initial Publication Year and any subsequent renewals(collectively,
the Agreement Term),for a total of no more than three (3) Publication Years. Each Publication Year consists of
12 publications,with the first Publication Year to begin with the first day of October, 2016.At the expiration of
the first Publication Year,this Agreement shall automatically renew for another Publication Year unless the
Customer provides a 60 day written notice to non-renew to the Publisher prior to the end of first Publication
year. Should a second Publication Year occur,this Agreement shall automatically renew for another Publication
Year unless the Customer provides a 60 day written notice to the Publisher prior to the end of the second
Publication Year.Additionally, Customer retains the ability,in its discretion,to cancel this Agreement at any
time during the Agreement Term by giving the Publisher a 90 day written notice.
D. Publisher will sell the ads within the Customer's Advertising Guidelines.The Customer has final approval of the
advertisers and ad copy.The Publisher will provide a copy of the ads to the Customer prior to each publication.
The contents of this Agreement and any other revisions or exhibits attached hereto, if any, (collectively the "Agreement")
constitutes the entire Agreement regarding the subject matter contained herein between the Publisher and the Customer.
Both parties understand and agree to be bound by the terms and conditions of this Agreement.This Agreement shall bind
both parties,their successors and assigns. Publisher and Customer agree that at any date prior to the termination date of
this Agreement,the Agreement may be extended on terms mutually agreeable to both parties.
City of Menifee Liturgical Publications Inc
29714 Haun Road 2875 South James Drive
MMfee92586 New Berlin,WI 53151
(97
By: NA -
1' Trudgeon
Communication Consultant
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