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2007-171ORDINANCE NO. DOS` 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 REQUIltEMENTS 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 ±o 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 specif ed 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 02~~ day ot'r~' 2007. ~(~c~~ PERR R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. 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 authorized to publish advertising for [he undersigned in the Denton Necard-Chronic/e, Denton Time, TV Chronicle, Denton Business Chronicle, and/or The Grapevine Sun as specified below: A minimum of 4000 inches/insertions per month/year, for a period of 12 monthslweeks beginning August 21, 2007, for insertions which [hc advertiser agrees to pay [hc fallowing rates per column inch, per publication; payable monthly as used. Drntton Record-Chronicle (Daily) $8.40 Demon Record-Chronicle (Sunday)$9.J5 Wednesday Plus 10.70 Denton Time Denton Business Chronicle $15.00 The Grapevine Sun (Pickup Ratc) 5.0 Neighbors (Pickup Rate) Sj,_00 The leans of this agreement arc based on cash with order or thirty day accounts with approval credit by the business office of Denton Publishing Company. All rates arc net No rebates for accumulated lincagc. 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 opcu rate and xdvertiscr agreement rate, for all advertising placed under the terms of this agree- ment, will be added to [he above named advertiser's billing. if a[ the end of the term of this agrcemen[, advertiser has failed [o meet lineage com- mitment, Denton Publishing Company will bill advertiser for the balance of the agreement or the rate difPorence based on awumuluted lincagc, whichever is the lesser amount. Initial Agreements remain in effect when paymcot is received by the 20th of the month following statement date. Agreement rate advertisers with occount baI- ^nccs of 30 days or more will be subjul to collection procedures, possible agreement termination and open billing from beginning dam of the agree- ment to last insertion scheduled. Initial Depth Rcauircmenh-Any ad running more than IS-I/2 inches in depth will be charged as 21-I/4 inches in depth. Initial Request for Placmnenl-We try to comply with customer suction or page requests. However placement can only be guaranteed with a 35`90 cost of ad charge applied. ~~ Errors and Adjustments-Please chuck your ad the first day i[ runs to see that all information is correct. This will unsure your ad is exactly what you want readers [n see. Denton Publishing Company assurnes 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 responsibility, if any, [o [he charge for [he space, and cannot be responsible for incorrect ads after lhu first day of publication, or ads submitted after nnbliched deadline. Any errors or changes must be rcport- cd to sales department [he 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 m [he adveriscr nravided 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 Tuarshue[s-Tearshuets arc available upon revues[ at na chargo, up to five (5) [eurshee[s of each ad. Additional tearsheets may be reyuestal for a charge of 25¢ cash. Any request made 45 days after publication date will bu filled subject to availability. If no paper is available, a microfilm copy and publishers affidavit may be subs[imtcd, minimum charge, $20. Tearshctts will be mailed a[ [he end of [hc month unless otherwise requested Initial Canccllxtion -Ads canccllcd after deadline will be billed for the amoum of space reserved by advertiser. Initial This agrccmenl is valid and binding upon execution and is' made subject to the regulations covering aceupGmce 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