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HomeMy WebLinkAbout2004-238ORDINANCE NO. AW41 A011 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 THE PROVISIONS OF THE STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3212-AGREEMENT WITH THE DENTON RECORD CHRONICLE IN THE AMOUNT OF $7.80 PER COLUMN INCH FOR AN ESTIMATED AWARD OF $33,000). 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. That the following purchase of materials, equipment or supplies, as described in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached hereto are hereby approved: FILE NUMBER VENDOR AMOUNT 3212 Denton Record Chronicle $33,000 SECTION 2. That 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. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. I PASSED AND APPROVED this the day of 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. UTY, CI ATTORNEY BY: 3-ORD-File 3212 Attachment 1 RETAIL ADVERTISING AGREEMENT DENTON PUBLISHING COMPANY: You are hereby authorized to publish advertising for the undersigned in the Denton Record -Chronicle, Denton Time, TV Chrorticie and/or The Grapevine Sun as specified below: A minimum of �i� _inches per monthat, or a period of �� oi�n n�eeks beginning "10_v 9 l"1 j1y�l— for which the adve r agrees to pay the following rates per co ch, per publication; payable mo thly as used. Combination Buy (Daily) $15.00 Combination Buy (Sunday) $16.50 Combination Buy Wednesday Plus $18.00 Denton Record -Chronicle (Daily) I , 8o Denton Record -Chronicle (Sunday) tJ. C0 Wednesday Plus Denton Time TV Chronicle The Grapevine Sun (Pickup Rate ) $5.00 Denton County Morning News (Daily) $15.00 Denton County Morning News (Sunday) $20.00 The terms of this agreement are based on cash with order or thirty day accounts with approved by the business office of the DENTON RECORD -CHRONICLE. All rates are net. No rebates for accumulated lineag Initial This agreement may be terminated by either party for any reason at any time. If this agreement is terminated by either patty, a terminadon surcharge, equal to the difference between current open rate and advertiser agreement rate, for all advertising placed under the terms of this agreement, will be added to the above Warned advertiser's billing. If at the of the term of This agreement, advertiser has failed to meet lineage commitment. Demon Record Chronicle will bill for the balance of the agreement or the rate difference based on accumulated lineage, whichever is the lesser amoun Doth Rmuiremmts—Any ad running more than 18-1/2 inches in depth will be charged as 21-1/4 inches in dept}i � Initial $west for. Placement —We try to com rth customer section or page requests. However placement can only be guaranteed wrth a 35% coat 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 readers to see. Denton Record -Chronicle assumes no responsibility for errors appearing on original copy submitted by advertisers or his agency or approved proof of copy (except proof corrections). We must limit our responsi- bility, if any, to the charge for the space, and cannot be responsible for incorrect aftjafter the first day of publication. Any errors or changes Mug be reported to gales department the following business for errors in billing must be made within 30 days of date of invoice; otherwise, such claims will not be considered. Initial Proofs / Comp and out Chanees — Upon request, proofs will be delivered to the advertiser provided the ad was submitted prior to deadline and the ad is 2inches or larger. layout changes totalling 25% or more of the ad will be subject to a production surcharge of 3A of the cost of the a . Initial Tearsheets are available upon request at no charge, up to five (5) tearsheets of each ad. Additional tearsheets may be requested for a charge of 250 each. Any request made 45 days after publication date will be filled subject to availability. If no paper is available, a microfilm copy and publishers affid y be substituted, minimum charge, $20. Tearsheets will be ste mailed at the end of the month unless otherwise reque. Initial Cancellation — Ads cancelled after deadline will be billed for the amount of space reserved by advertise . 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 Te..,..n Asn 1 !9.«....de