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R-02-09-26-11A1 - 9/26/2002RETAIL PREPRINT AUSTIN STYLE/HOME NEW X ZONE SHOW WORLD COLOR X RENEWAL XL ENT. INTERNET DIRECTORY WEEKLY BUSINESS REVIEW STANDING CARD HOME FURNISHINGS OTHER CONTRACT START DATE 9� l `0;a CONTRACT END DATE 1 -31 -O."') This agreement is made on the I called the Company ") and The t^.i (herein after called "the Advertiser ") IocatAd a Austin American - Statesman P.O. Box 670, Austin Texas 78767 (512) 445 -3742 Retail Advertising Contract , 200 �, between the Austin American - Statesman (herein after �l • it I_ • 78 WHEREAS the company is the publisher of the Austin American- Statesman and the advertiser wishes to purchase advertising space in said Newspaper.The Company and the Advertiser agree as follows: 1. The Advertiser shall purchase Austin American - Statesman's advertising services by placing orders for a minimum of Lam)'" ZO1'1.2• on the Company's rate schedule and in accordance with Terms and Conditions, which are incorporated herein by reference and made a part of this agreement, subject to the rate revision provision of paragraph (4) below. 2. The term of this agreement shall be one year from the date hereof unless otherwise noted above. 3. SHORT RATES /REBATES: If after one year or contract period, the Advertiser shall have published fewer ads or smaller ads than agreed upon in contract, to the extent that a different rate would be applicable according to the Austin American - Statesman's current rate card, the Advertiser's rate for all space used during the year shall be increased to the appropriate rate indicated on the current rate schedule. Should Advertiser have published more ads or larger ads than agreed upon, to the extent that a different rate would be applicable, a rebate (in the form of a credit toward advertising to be used within the following 60 days) wit be allowed for up to one rate bracket above contracted levels. 4. The Company may revise its advertising service rate schedule at any time upon 30 days written notice to the Advertiser, who may without penalty, cancel this agreement by giving 30 days prior written notice to the Company. 5. CANCELLATION CHARGES: In the event that the Advertiser cancels a previously scheduled ad after the Company's published deadlines, the Advertiser will be billed a cancellation charge of 25% of the cost of the canceled ad. 6. The Company may, in its sole discretion, edit, classify, or reject any advertising copy submitted by the Advertiser. 7.The Advertiser shall make payment within 30 days of the Statement date. In the event that the account becomes past due, Company may reject advertising copy and /or immediately cancel your contract and the Advertiser agrees to indemnify Company for all expenses incurred in connection with the collection of amounts payable including court costs and attorney fees. If this agreement is canceled due to Advertiser's failure to make timely payment, Company may rebill the Advertiser for the outstanding balance due at the open or earned contract rate, whichever is applicable. 8. This agreement cannot be invalidated for typographical errors, incorrect insertion or omission in Advertising published. The Company agrees to run corrective advertisement for that portion of the first insertion which may have been rendered valueless by such typographical error, wrong insertion or omission. Advertiser shall notify the Company of such errors in time for correction before the second insertion. The Company shall not be liable to Advertiser for any loss that results from the incorrect publication of its advertisement. 9. The Advertiser agrees to hold harmless and indemnify the Company from all damages, cost, and expenses, of any nature whatsoever, for which the Company may become liable by reason of its publication of the Advertiser's advertising. 10. All advertising copy which represents the creative effort of the Company and/or the utilization of creativity, illustrations, labor composition, or material furnished by it, is and remains the property of the Company, including all rights of copyright therein. Advertiser understands and agrees that it cannot authorize photographic or other reproductions, in whole or part, of any such advertising copy for use in any other medium without the express written consent of the Company. 11. In the event that any federal, state, or local taxes are imposed on the printing of advertising material, the creation of advertising material or on the sale of advertising space, such taxes shall be assumed and paid by the Advertiser. 12. This agreement may not be assigned or transferred by the Advertiser. 13. If the ad is not published or is published with an error, the Company's liability to Advertiser shall be limited to the return of the payment made for publishing the ad. In no event shall the company be liable for any lost profits or consequential damages. See Terms and Conditions. Accepted by: Austin A • titan- -I S St^ tatesman '11 Date: 31 le Agreed by ..r AO" % rnaoR Advertiser Title Account Number 443 5 gO SJC1 b7J 9i-1 4 o Revised 11/12/99 RETAIL PREPRINT AUSTIN STYLE/HOME NEW ZONE _ SHOW WORLD COLOR RENEWAL XL ENT. INTERNET DIRECTORY WEEKLY BUSINESS REVIEW - _ STANDING CARD _HOME FURNISHINGS OTHER CONTRACT START DATE 9 1 CONTRACT END DATE 1-3 -03 This agreement Is made on the 5 _- day of - .. ., 200 .2 , between the Austin American - Statesman (herein after called `the Company ") and (herein after called "the Advertiser ") Ioca - • a ill re ilk • Austin A • - rican- Statesman Date: Austin American - Statesman P.O. Box 670, Austin Texas 78767 (512) 445 -3742 Retail Advertising Contract WHEREAS the company is the publisher of the Austin American - Statesman and the advertiser wishes to purchase a Ive tising space in said Newspaper.The Company and the Advertiser agree as follows: 1. The AdvertPser shall purchase Austin American - Statesman's advertising services by placing orders for a minimum of (COO N Z(7YIQ.. on the Company's rate schedule and in accordance with Terms and Conditions, which are incorporated herein by reference and made a part of this agreement, subject to the rate revision provision of paragraph (4) below. 2. The term of this agreement shall be one year from the date hereof unless otherwise noted above. 3. SHORT RATES /REBATES: If after one year or contract period, the Advertiser shall have published fewer ads or smaller ads than agreed upon in contract, to the extent that a different rate would be applicable according to the Austin American- Statesman's current rate card, the Advertiser's rate for all space used during the year shall be increased to the appropriate rate indicated on the current rate schedule. Should Advertiser have published more ads or larger ads than agreed upon, to the extent that a different rate would be applicable, a rebate (in the form of a credit toward advertising to be used within the following 60 days) will be allowed for up to one rate bracket above contracted levels. 4. The Company may revise its advertising service rate schedule at any time upon 30 days written notice to the Advertiser, who may without penalty, cancel this agreement by giving 30 days prior written notice.to the Company. 5. CANCELLATION CHARGES: In the event that the Advertiser cancels a previously scheduled ad after the Company's published deadlines, the Advertiser will be billed a cancellation charge of 25% of the cost of the canceled ad. 6. The Company may, in its sole discretion, edit, classify, or reject any advertising copy submitted by the Advertiser. 7.The Advertiser shall make payment within 30 days of the Statement date. In the event that the account becomes past due, Company may reject advertising copy and /or immediately cancel your contract and the Advertiser agrees to indemnify Company . for all expenses incurred in connection with the collection of amounts payable including court costs and attorney fees. If this agreement is canceled due to Advertiser's failure to make timely payment, Company may rebill the Advertiser for the outstanding balance due at the open or earned contract rate, whichever is applicable. 8. This agreement cannot be invalidated for typographical errors, incorrect insertion or omission in Advertising published. The Company agrees to run corrective advertisement for that portion of the first insertion which may have been rendered valueless by such typographical error, wrong insertion or omission. Advertiser shall notify the Company of such errors in time for correction before the second insertion. The Company shall not be liable to Advertiser for any loss that results from the incorrect publication of its advertisement. 9. The Advertiser agrees to hold harmless and indemnify the Company from all damages, cost, and expenses, of any nature whatsoever, for which the Company may become liable by reason of its publication of the Advertiser's advertising. 10. All advertising copy which represents the creative effort of the Company and /or the utilization of creativity, illustrations, labor composition, or material furnished by it, is and remains the property of the Company, including all rights of copyright therein. Advertiser understands and agrees that it cannot authorize photographic or other reproductions, in whole or part, of any such advertising copy for use in any other medium without the express written consent of the Company. 11. In the event that any federal, state, or local taxes are imposed on the printing of advertising material, the creation of advertising material or on the sale of advertising space, such taxes shall be assumed and paid by the Advertiser. 12.This agreement may not be assigned or transferred by the Advertiser. 13. If the ad is not published or is published with an error, the Company's Habil to A ertiser II be limited to the return of the payment made for publishing the ad. In no event shall the company be liable .. profs or consequential damages. See Terms and Conditions. Accepted by: Agreed byy / y� � Q tle 1) 1 A /OR J Title Advertiser , / OO �r -� r , Account Number: 5'i1 trl a94$27 S (tI b21 5106 % 5+112 (9-12,411 9,460.644 Revised 11/12/99 _ RETAIL ik _ PREPRINT AUSTIN STYLE/HOME NEW 4 ' X ZONE x SHOW WORLD COLOR RENEWAL XL ENT. _ INTERNET DIRECTORY WEEKLY BUSINESS REVIEW _ STANDING CARD _ HOME FURNISHINGS OTHER CONTRACT START DATE Q I - 0 o�. CONTRACT END DATE 1 - 314 )3 L This agreement is made on the t day of A 1 200 .Q , between the Austin American - Statesman (herein after called "the Company ") and 'i 1,1 tf- 1Ir r,r# (herein after called "the Advertiser ") local d a r IT( . • g EE. c/ WHEREAS the company is the publisher of the Austin American- Statesman and the advertiser wishes to purchase advertising space in said Newspaper. The Company and the Advertiser agree as follows: 1. The Advertiser shall purchase Austin American - Statesman's advertising services by placing orders for a minimum of 000 " on the Company's rate schedule and in accordance with Terms and Conditions, which are incorporated herein by reference and made a part of this agreement, subject to the rate revision provision of paragraph (4) below. 2. The term of this agreement shall be one year from the date hereof unless otherwise noted above. 3. SHORT RATES /REBATES: If after one year or contract period, the Advertiser shall have published fewer ads or smaller ads than agreed upon in contract, to the extent that a different rate would be applicable according to the Austin American- Statesman's current rate card, the Advertisers rate for all space used during the year shall be increased to the appropriate rate indicated on the current rate schedule. Should Advertiser have published more ads or larger ads than agreed upon, to the extent that a different rate would be applicable, a rebate (in the form of a credit toward advertising to be used within the following 60 days) will be allowed for up to one rate bracket above contracted levels. 4. The Company may revise its advertising service rate schedule at any time upon 30 days written notice to the Advertiser, who may without penalty, cancel this agreement by giving 30 days prior written notice to the Company. 5. CANCELLATION CHARGES: In the event that the Advertiser cancels a previously scheduled ad after the Company's published deadlines, the Advertiser will be billed a cancellation charge of 25% of the cost of the canceled ad. 6. The Company may, in its sole discretion, edit, classify, or reject any advertising copy submitted by the Advertiser. 7.The Advertiser shall make payment within 30 days of the Statement date. In the event that the account becomes past due, Company may reject advertising copy and/or immediately cancel your contract and the Advertiser agrees to indemnify Company for all expenses incurred in connection with the collection of amounts payable including court costs and attorney fees. If this agreement is canceled due to Advertiser's failure to make timely payment, Company may rebill the Advertiser for the outstanding balance due at the open or earned contract rate, whichever is applicable. . 8. This agreement cannot be invalidated for typographical errors, incorrect insertion or omission in Advertising published. The Company agrees to run corrective advertisement for that portion of the first insertion which may have been rendered valueless by such typographical error, wrong insertion or omission. Advertiser shall notify the Company of such errors in time for correction before the second insertion. The Company shall not be liable to Advertiser for any loss that results from the incorrect publication of its advertisement. 9. The Advertiser agrees to hold harmless and indemnify the Company from all damages, cost, and expenses, of any nature whatsoever, for which the Company may become liable by reason of its publication of the Advertiser's advertising. 10. All advertising copy which represents the creative effort of the Company and /or the utilization of creativity, illustrations, labor composition, or material furnished by it, is and remains the property of the Company, including all rights of copyright therein. Advertiser understands and agrees that it cannot authorize photographic or other reproductions, in whole or part, of any such advertising copy for use in any other medium without the express written consent of the Company. 11. In the event that any federal, state, or local taxes are imposed on the printing of advertising material, the creation of advertising material or on the sale of advertising space, such taxes shall be assumed and paid by the Advertiser. 12. This agreement may not be assigned or transferred by the Advertiser. 13. If the ad is not published or is published with an error, the Company's liability to Advertiser shall be limited to the return of the payment made for publishing the ad. In no event shall the company be liable for any lost profits or consequential damages. See Austin .American - Statesman Terms and Conditions. f / / ,. -p J . f Accepted by: �.. i�- f 1Mi -" Agreed by: iH yogi./ AAU` c i) Q su �tle Austin Ameiican- Statesman Date: 11'1 P.O. Box 670, Austin Texas 78767 (512) 4453742 Retail Advertising Contract Title Advertiser 11 p� O -r I j X11' u Account Number: 5LIIMO D 2/�'iY l!" 1 90 5y. 1` :11jSal101 7,�a4t:- ( 1u,tAit‘4`-1, 3 Revised 11/12/99 stirs re nit 787 Retail Advertising Contract RETAIL 1 _ PREPRINT AUSTIN STYLE/HOME NEW % ZONE' _ SHOW WORLD _ COLOR — X - RENEWAL XL ENT. INTERNET DIRECTORY WEEKLY BUSINESS REVIEW _ STANDING OARD _ HOME FURNISHINGS _ OTHER CONTRACT START DATE Q)" 1 CONTRACT END DATE 7' , i -e. :3 This agreement Is made on the day of 'z. 200 ai , between the Austin American - Statesman (herein after called "the $•Aompany ") and _ (herein after called "the Advertiser ") loo d a r . - 1% p , WHEREAS the company is the publisher of the Austin American- Statesman and the advertiser wishes to purchase eing spade in Said Newspaper. The Company and the Advertiser agree as follows: 1. The Adv 8 r shall purchase Austin American Statesmarl advertising services by placing orders for a minimum of E).. > on the Company's rate schedule and in abe,, fdrame with Terms and Conditions, whit are incorporated herein by reference and made a part of this agreement, subject to the rate.reaisicn provision of paragraph (4) below, 2. The term of this agreement shall be one year from the date hereof unless otherwise noted above. 3. SHORT nATEs/RESArES: I1 after one year or Contract Period, the Advertiser shall have published fewer ads or smaller ads than agreed upon in:! Ihtraot, to the extent that a different rate would be applicable according to the Austin Amerlcen•Statesman's current rate card, thdvertisers rate for all space used during the year shall be increased to the appropriate rate•fndicated on the current rate Schedule. Should Advertiser have published more ads or larger ads than agreed upon, to the extent that a different rate Weald by applicable, a rebate (In time form of a oredit toward advertising to be 010 within the following 60 days) will be allowed for up to one, rate bracket above contracted level. 4, The CoMpanyellfiirrniviSe Its advertising service rate schedule at any time upon 30 days written notice to the Advertiser, who - may wltha 4r, greet this agreement by giving 30 days prior written notice to the Company. S. CANCELLAT4ON CHARGES: In the event that the Advertiser cancels a previously scheduled ad after the Company's published deadine* WIN .be bled a cancellation charge of 25% of the cost of the canceled ad. 6. The CoMFARfilhaY in tie sole discretion, edit, classify, or repot any advertising copy Submitted by the Advertiser, T.TheAdirertiaor Shall make payment within 30 days of the Statement date, to the event that the account becomes: past due, C may reiret advertising copy andfor immediately cancel your contract and the Advertiser agrees to indemnify Company �, . foal ass Inourrrad in connection with the collection of amounts payable htcUdtng?c4urtCosts and attorney fossil this is canceled due to Advertiser's failure to malts timely payment, Company may rebill the Advertiser for the outstanding balance due at the open or earned contract rate, whichever is applicable. 8.This agreement cannot be Invalidated fbr typographical errors, Incorrect Insertion or omission in Advertising published. The Company agrees to run corrective advertisement for that portion of the first insertion which may have been rendered valueless by such typographical error, wrong insertion or omission. Advertiser shall notify the Company of such errors in time for correction before the second insertion. The Company shall not be liable to Advertiser for any lose that results from the incorrect publication of its advertisement. 9.The AdvertIer agrees to hold harmless and indemnify the Company from all damages, cost, and :expenses, of any nature whatsoever, forwhloh the Company may become Ilebie by reason of its publication Of the Advertiser's advertising. 10. All advertising copy which represents the creative effort of the Company and/or the utilization of creativity, Illustrations, labor composition, or material furnished by it, is and remains the property of the Comparry, including all rights of copyright therein. Advertiser understands and agrees that It cannot authorize photographic or other reproductions, in whole or part, of any such advertising copy for use in any other medium without the express written consent of the Company 11. In the event that any federal, state, or local taxes are imposed on the printing of advertising material, the creation of advertising material or on the sale of advertising space, such taxes shall be assumed and paid by the Advertiser. 12. This agreement may not be assigned or transferred by the Advertiser. . °` 13. If the ad is not published or is published with an error, the Company's liability to Apvertisershall be limited to the return of the payment made for publishing the ad. In no event shall the company be liable yanyipst profits or consequential damages. See Terns and Conditions. Accepted by: Austin A 'can- Statesman Date:_ rt Agreed by: Title Advertiser Litt rV y Account Number: 4 .5 Litt 156 aciy �.2 ')Li E4 940 Revised 11/12/99 Mayor Nyle Maxwell Mayor Pro -tem Tom Nielson Council Members Alan McGraw Carrie Pat Scot Knight Isabel Gallahan Gary Coe City Manager Robert L. Bennett, Jr. City Attorney Stephan L Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. October 21, 2002 Dear Ms. Torres: Ms. Robin Torres Advertising Sales Consultant Austin American Statesman P.O. Box 670 Austin, TX 78767 The Round Rock City Council approved Resolution No. R- 02- 09 -26- 11A1 at their regularly scheduled meeting on September 26, 2002. This resolution approves a Retail Advertising Contract with the Austin American- Statesman for advertising and publication of public notices. Enclosed is a copy of the resolution for your files. If you have any questions, please do not hesitate to contact Will Hampton at 218- 5409. Siicerely, �JN. Christine R. Martinez City Secretary t Enclosure CITY OF ROUND ROCK 221 East Main Street • Round Rock, Texas 78664 Phone: 512.218.5400 • Fax: 512.218.7097 • www,ci.round- rock.tx.us RESOLUTION NO. R- 02- 09 -26- 1114 WHEREAS, the City of Round Rock has a need for services for advertising and publication of public notices, and WHEREAS, the Austin American - Statesman has submitted a Retail Advertising Contract to provide said services, and WHEREAS, the City Council wishes to enter into said Retail Advertising Contract with the Austin American - Statesman, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Retail Advertising Contract with the Austin American - Statesman for advertising and publication of public notices, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. �� O NY ��i ' ELL, Mayor RESOLVED this 26th day of September, 00 AT EST: City of Round Rock, Texas IA % ! 4 . . / i CHRISTINE R. MARTINEZ, City Sec 0: \wdox \RES0LUT \ R2 O9 26 A1 .000/60 etary .Austin .American - Statesman P.O. Box 670, Austin Texas 78167 (512) 445 -3742 Retail Advertising Contract _ RETAIL PREPRINT AUSTIN STYLE/HOME NEW X ZONE _ SHOW WORLD COLOR X RENEWAL _XL ENT. _ INTERNET DIRECTORY WEEKLY BUSINESS REVIEW STANDING CARD HOME FURNISHINGS OTHER CONTRACT START DATE (11— I`Oa. CONTRACT END DATE r I — 31 - -(3', Thls agreement is made on the 1 called "the Company ") and (herein after called the Advertiser ") Ioc Accepted by: AI a /I • ► - I • Austin A • -rican Statesman Date 131 day of WHEREAS the company is the publisher of the Austin American- Statesman and the advertiser wishes to purchase advertising space in said Newapaper.The Company and the Advertiser agree as follows: 1. The Advertiser shall purchase Austin American -Statesman's advertising services by placing orders for a minimum of ICX)') N zaruz,. on the Company's rate schedule and in accordance with Terms and Conditions, which are incorporated herein by reference and made a part of this agreement. subject to the rate revision provision of paragraph (4) betow. 2 -The term of this agreement shall be one year from the date hereof unless otherwise noted above. 3. SHORT RATES/REBATES:11 after one year or contract period. the Advertiser shall have published fewer ads or smaller ads than agreed upon in contract, to the extent that a different rate would be applicable according to the Austin American- Statesman's current rate card, the Advertiser's rate for all space used during the year shall be increased to the appropriate rate indicated on the current rate schedule. Should Advertiser have published more ads or larger ads than agreed upon, to the extent that a different rate would be applicable, a rebate (in the form o1 a credit toward advertising to be used within the following 60 days) will be allowed for up to one rate bracket above contracted levels. 4. The Company may revise its advertising service rate schedule at any time upon 30 days written notice to the Advertiser, who may without penalty, cancel this agreement by giving 30 days prior written notice to the Company. 5. CANCELLATION CHARGES: In the event that the Advertiser cancels a previously scheduled ad after the Company's published deadlines, the Advertiser will be bitted a cancellation charge 01 2S% of the cost of the canceled'ad. 6. The Company may, in Its sole discretion, edit, classify, or reject any advertising copy submitted by the Advertiser. 7.The Advertiser shall make payment within 30 days of the Statement date. In the event that the account becomes past due, Company may reject advertising copy and/or Immediately cancel your contract and the Advertiser agrees to Indemnify Company for all expenses incurred in connection with the collection of amounts payable including court costs and attorney lees. 11 this agreement is canceled due to Advertisers failure to make timely payment, Company may rebll the Advertiser for the outstanding balance due at the open or earned contract rate, whichever is applicable. B.This agreement cannot be invalidated for typographical errors, incorrect insertion or omission in Advertising published. The Company agrees to run corrective advertisement for that portion of the first insertion which may have been rendered valueless by such typographical error, wrong Insertion or omission. Advertiser shall notify the Company of such errors in time for correction before the second insertion. The Company shall not be liable to Advertiser for any loss that results from the incorrect publication of its advertisement. 9. The Advertiser agrees to hold harmless and indemnify the Company from all damages, cost, and expenses, of any nature whatsoever. for which the Company may become liable by reason of its publication of the Advertisers advertising. 10. All advertising copy which represents the creative effort of the Company and/or the utilization of creativity, illustrations, labor composition, or material furnished by it, is and remains the property o1 the Company, including all rights of copyright therein. Advertiser understands and agrees that it cannot authorize photographic or other reproductions, in whole or part, of any such advertising copy for use in any other medium without the express written consent of the Company. 11. In the event that any federal, state, or local taxes are imposed on the printing of advertising material, the creation of advertising material or on the sale of advertising space, such taxes shall be assumed and paid by the Advertiser. 12. This agreement may not be assigned or transferred by the Advertiser. 13, If the ad is not published or is published with an error, the Company's liability to Advertiser shall be limited to the return of the payment made for publishing the ad. In no event shall the company be liable for any lost profits or consequential damages. See Terms and Conditions. 200 ,_, between the Austin American- Statesman (herein after I. Agreed by „A„ EXHIBIT J rise Advertiser Account Number: 41 ' 5'4I(oBU 5r•H'H (2.I �0 r � sLt_ ]-°I, 541 (o,0 fI 1 914 1-, 514ifar TOTAL P.07 DATE: September 20, 2002 SUBJECT: City Council Meeting — September 26, 2002 ITEM: *11.A.1. Consider a resolution authorizing the Mayor to execute a Retail Advertising Contract with the Austin American - Statesman for advertising and publication of public notices. Resource: Will Hampton, Communications Director History: The City regularly purchases advertising space in the Austin American Statesman. This contract will ensure the City receives the lowest rate available for display and legal advertising. This service will provide a wider circulation of City notices. Funding: Cost: It is estimated the City will spend approximately $60,000 /year for these advertising services. Source of funds: General Fund Outside Resources: N/A Impact/Benefit: N/A Public Comment: N/A Sponsor: N/A