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2004-238O CENO. dODd-ddS2 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 Denton Record Chronicle 3212 $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. PASSED AND APPROVED this the day of (2 ~tff~.tq~a~/~/'~ . 2004 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: RETAIL ADVERTISING AGREEMENT DM'CleON PUBLISHING COMPANY: You ar~ hereby authorized to publish advertising for the undersigned in the Denton Record-Chronicle, Denton ~me, TV Chronicle and/or The Grapevine Sun as specified below: A mini~.m ~ 5~f)~)~ i,ches per month~ear.~o, a period of [~ _(~ne~s beginning -7~'O ~t'/ , for which the sdve~ agrees to pay the following rates per coi~nnn-~ch, per publication; payable mohthly as' t~ed. ' Combination Buy (Daily) $15.00 Combination Buy (Sunday) $16.50 Combination Buy Wednesday Plus $18.00 Denton Reunrd-Chroniclo (Daily) '~0 ~,E3 Denton Resord-Chroniele (Sunday) ~We~nesday Plus Denton ~ TV Chronicle The Grapevine Sun (Pie&up Rate ) $5.00 Denton County Morning News (Daily) $15.00 Denton County Morning News (Sunday) $20.00 The tea'n~ of this agrenn~nt are based on cash with enter or thirty day accounts with approved~i~'t~.by the b~ainess office of tbe DI~I'ON RECORD-CHRONICLE. All rates.ar~ net. No rebates for accumulated lineag~- This cgm.,merit may be tarminated by either party for any reason at any time. If this agreement ia tennineted by either party, a terminsdon surcharge equal to the difference between current open rote and advm"'daer agxe~ment rat~, for all advertising placed under tbe terms of this agreement, will bo added to the above named advertiser's billing. If at the 0od of the term of this agrnenmlt, advertiser has failed to meet lineage commitment, Demon Record-Chronicle will bill ~.~for the balance of the agl~ment or the rate difference based on aesumttiated lineage, whichever is lira lesser amount" ~[~[l~g~--Any ad running more than 18-1/2 inches in depth will bo charged as 21-1/4 inches in dep~ tsitial Request for Placement--We h'y to co ~ml~th customer section or page requests. However placement can only be guaranteed wi[h a 35% cust of ad charge applied.~'-3~7'---' -- Please cheek your ad the first day it runs to see that ail information is corresL This will ensure your ad is exactly what you want readers to see. Denton Record-Chronicle assumes nb responsibilit3/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 inteR'eat adg.a~er the fret day of publication. Any errors or changes mu~t be reported to ~aies department the following business ~ for errors in billing must bo made within 30'days of date of invoice; otherwise, such claims will not be conaidered.~ Proofs / Coov and Layout Chang~ -- Upon request, proofs will be delivered to the adveatiser provided the ad was submitted prio~ to de~dline and [ho ad.is 20 l~ches or largar~.~:l~r, layout changes totalling 25% or mer~ of tbo ad will bo subject to a production surcharge of 35% of th~ cost of the Tesrahents--Tearsheats are available upon request at no charge, up to five (5) tearsheets of each ad. Additional teareheets may be requested for a charge of 25¢ each. Any request made 45 days after publication date will be filled subject to availability. If no paper is available, a microfilm copy and publiabe~ mailed at the end of the month unless otherwisb reque~teil~_.,~---. ·. This agreement is valid and binding upon execution and is made subject to the regulations coveting acceptance and publication of adveflising with tho DENTON PUBLISI-mqG COMI~ANY. Mailing Address Phone Number Name of Authorized Agent Title of Agant Signature of Agent Approved by Date