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HomeMy WebLinkAbout2007-171ORDINANCE NO. . 00% AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON RECORD CHRONICLE, APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF LEGAL ADVERTISING SERVICES AVAILABLE FROM ONLY ONE SOURCE, IN ACCORDANCE WITH STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3858- AGREEMENT WITH THE DENTON RECORD CHRONICLE IN THE AMOUNT OF $8.40 PER COLUMN INCH FOR AN ESTIMATED AWARD OF $35,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, as well as the license terms attached, are hereby approved: FILE NUMBER VENDOR AMOUNT 3858 Denton Record Chronicle $8.40/column inch SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1, and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 12/J* day oA , 2007. PERR R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 13Y. APP OVED A TO LEGAL FORM: November I, 2006 RETAIL ADVERTISING AGREEMENT DENTON PUBLISHING COMPANY: 940-387-3811 Phone 940-566-6846 Fax You are hereby authorizer) to publish advertising for the undersigned in the Denton Record -Chronicle, Denton Time, TV Chronicle, Denton Business Chronicle, and/or 7'he Grapevine Sun as specified below: A minimum of 4000 inches/insertions per month/year, for a period of 12 months/weeks beginning August21,2007, for insertions which the advertiser agrees to pay the following rates per column inch, per publication; payable monthly as used. Demon Record -Chronicle (Daily) $8.40 Denton Record -Chronicle (Sunday)$9.45 Wednesday Plus $10.70 Denton Time Denton Business Chronicle $15.00 The Grapevine Sun (Pickup Rate) $5.00 Neighbors (Pickup Rate ) S5,_00 The terms of this agreement are based on cash with order or thirty day accounts with approved credit by the business office of Denton Publishing Company. All rates are net. No rebates for accumulated lineage. Initial This agreement may be terminated by either party for any reason at any time. If this agreement is terminated by either party, a termination sur- charge, equal to the difference between current open rate and advertiser agreement rate, for all advertising placed under the terms of this agree- ment, will be added to the above named advertiser's billing. If at the end of the term of this agreement, advertiser has failed to meet lineage com- mitment, Denton Publishing Company will bill advertiser for the balance of the agreement or the rate difference based on accumulated lineage, whichever is the lesser amount. Initial Agreements remain in effect when payment is received by the 20th of the month following statement date. Agreement rate advertisers with account bal- ❑nccs of 30 days or more will be subject to collection procedures, possible agreement termination and open billing from beginning dam of the agree- ment to last insertion scheduled. Initial Depth RCmllrements—Any ad running more than 18-1/2 inches in depth will be charged as 21-1/4 inches in depth. Initial Request for Placeinenl—We try to comply with customer section or page requests. However placement can only be guaranteed with a 35% cost of ad charge applied, initial Errors and Adjustments —Please check your ad the first day it runs to see that all information is correct. This will ensure your ad is exactly what you want renders to see. Denton Publishing Company assumes no responsibility for errors appearing on original copy submitted by advertisers or his agency or approved proof of copy (except proof corrections). We most limit our responsibility, if any, to the charge for the space, and cannot be responsible for incorrect ads after the first day of publication, or ads submitted after published deadline. Any errors or changes must be report- ed to sales department the following business day. Claims for errors in billing must be made within 30 days of date of invoice; otherwise, such claims will not be considered. Initial Proofs / Copy and Layout Changes — Upon request, proofs will be delivered to the advertiser provided the ad was submitted prior to deadline and the ad is 20 inches or larger. Copy or layout changes totalling 25% or more of the ad will be subject to a production surcharge of 35% of the cost of the ad. Initial Tearsheets—Tcarshects are available upon request at no charge, up to five (5) tearsheets of each ad. Additional tearsheets may be requested for it charge of 25v each. Any request made 45 days after publication date will be fillet) subject to availability. If no paper is available, a microfilm copy and publishers affidavit may be substituted, minimum charge, $20. Tearshects will be mailed at the end of the month unless otherwise requested Initial Cancellation - Ads cancelled after deadline will be billed for the amount of space reserved by advertiser. Initial This agreement is valid and binding upon execution and is made subject to the regulations covering acceptance and publication of advertising with the DENTON PUBLISHING COMPANY. Advertiser Company Street Address Mailing Address_ City/State/Zip Code_ Phone Number Name of Authorized Title of Agent Signature of Agent — Approved by