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CM-06-09-17109/05/2006 22:51 5129122926 STATESMAN PAGE 02/03 L'001 OgTO /2006 09:46 FAX 6122187028 AuginAnwrican-Statannan CORR pURCIIASING Commercial Advertising Contract Advertiser Sales Rep City of Round Rock Brenda Garza Joanna Weatherall Product Agency Government Royer Name Phone Will Hampton 512-218-5409 Contract Dates September 1, 2006 -September 30, 2006 Date S/25/06 Reference # Advertising Targets Statesman.corn: Home Dates: 9' 1/2006 - 9/30/2006; 5 Week(s) 2311006110200 Austin Arne ricers -Statesman 305 S. Congress Austin, TX 78704 512,912.2529 Fax 512.912.2926 Bill To: City of Round Rock 221 East Main Street Round Rock, Tx 78664 Tyuc Pniduc.t Sold Ely T)FS(:RTPTION IINJI 1 Z FKi ETII)FIT Karr COST Banner 300x250 Statesman HP Thousand Impressions 9/1/2006 -9/30/2006 Monthly Ming Sap 06 $2,900 Oct 06 Nov06 Dec 08 Jan 07 Feb 07 Mar 07 Apr07 away 07 Jurr 07 Jut 07 Aug 07 Sep 07 Acceptance (Client): Title: Date: Accepts ace (Statesman): Accepta nce (Joanna Weatherall) Accepta nce (Sales Mgr): Statesman.com Homepage Round Roc $29.00 100 ZIp Codes 78664, Total Impressions: 100 M Total Net Cost Total Investment D ate: Date: Date: $2,900.0p 52,900.00 $2,900.00 $2,900.00 To be filled outby client or authorized representative: /�n �/��'-�Q! 427 6, train. Jt. City, ST, Zip: Round, m N I�Ci ais 1 �'`'t 54m Fax Phone: it, 7n411 Qep Address: Office Ph: Cell Ph: Other Phone: Website: wityrownttrocitioxas Jam a 11: uSrlairvione r¢uxiit- r ciga 1 6. us Account at: _ Terms &Conditions POillan.2EGL ALP rt I IQr orkrvtaitZeatit, p. 1 09/06/2006 WED 09:57 [TX/RX NO 9078] fJ002 09/05/2006 22:51 5129122926 STATESMAN PAGE 03/03 09/0672006 09:45 FAX 5122187028 CORR PURCHASING II 002 haft AmericairStotroinan For: City of Round Rock Online Adverttslnti Contract Temps end Conditions 2311006110200 1. ADVERTISING. The advertiser Snail ptrcnase the online advertising package al the rale listed and for the duration specified in the Insertion order, which l5 awned and incorporatcel herein by reference and mane a pan a' bnis agreement 2. POSFTI ONING. Except aS otherMse expressly provided In ire contract positioning at advertisements on statestnan.Com is at Ore sole discretion of the Can pony. Adverlsoraclnowfedges khat Company has not made any guerai1ees with respect to usage statistics or levels or Impressions foranyaetremsrrg except where expressly stated (nine toadied mentor' order. company provides Advertiser with estimated trage only as a courtesylo Itre AdreMser end nihil not be halo Sash' for any dolma resting lo said usage atettgics, Any Information collet led by the Company, or 1t3 elle vendors, reifying to users or Adrertsers sae (Inducing and Mamie limitation any personally Identifiable Iratasetional data. BRIMS data. or demographic rrdermatnn relating to users en me sae). shall be properly or the Company, Feld Advertlsershell not obtain any Agra Al such Information by virtue er this agreement. 3. ACCEPTANCE OF ADVERTISEMENTS, The Company May, at Its tele discretlon. refect any aavertIsements. 4. CANCELLATION. Campaigns cancelled more elan fourteen it a) days bentre me scheduled start date of a campaign are subject to a 10% cancellation fee, Campaigns cancelled INSa than fourteen days before the Scheduled stare date of the campaign ere subject to a 25% cancel atuxl fee, There are na came -Wore once a campaign Doffing_ A campaign can be postponed or suspended by an AUreras er Tor a maximum ortrmrty (30) days. After flirty days, attrerasar Is still table tartult amount of the currant. If ern palgra le postponed or suspended, company can not guarantee an exact Cuenca Pi of Vie campaign( due to a potentially limited Inventory. d. INDEMNIFICATION. The AdvatiserapneeSto defend, hold harmless and Will indemnity ule company from at damages, costs, end expenses, of any nature whatsoever. IntkudIng but not Hmfled to reasonable attorneys' rem for which the company may become Imre by reason lir its publication or me AaveeIsers prairie advent sing, s. COPYRIGHT. MI advertising, which represents the creative neon of the Company andror fire utilize%cn orcreanvlty. illustrations, labor, composition. lir material tarnished by it.le and remains me property or lie Company, Including art tights of copyright therein. Advertiser understands and agrees that It cannot authorize reproduceees, in whole or In pan, dr any mien arhereaing. 7. TAXES. Prices do not ireemoe tat, In me event that fary federal. state, or local taxes are Impuaee on the Creation of the online advert sing or on the sale cf Online advertising, such ta*es shall be assumed and pato by Advertiser, S. PAYMENT: The Advertiser Shall make payment within 30 days cattle MIN dais Indicated on the Company's Statement Ih the event that lira acc aunt becomes past due, in addition to such other remedee as Itmay have, Company shall be relieved outs obegation to perform the advertising services under thls Contract andthe till of the contract shall anmedlatey become due and payable by Advert ser. The Adverted' must also reimburse company the all expenses ahcurred In connection *NM the collection or amtounts payable, incluang court costa and attorneys fees. Q REJECTiON OF ADVERTLSEMi:NT, Canparry reserves tree rtght b not run any overcame/it meta: received and teat Is not In accordance 4rieh company's policies. In addlton. Crimple -1y reamer's the right to refect 0i -cancel any advertisem est, order or reservation at any Mead to refect any U RL rank embodied within any advents smelt 1 O. UmiTATIctN ON LIABILITY. AAvedtser assumes at1 Natality for content of advertising, and agrees to hold harmless, and win Indemnify Compeny*ixn 211 Claims, losses. ludgwerib, anddanegea arising mere nom, Liability frtypograEshical errors. .rag Insensoca, late publlcallons, amdlornon-pobileaUon, non-pedomience due to Acta aT God. aS wet lir an other maltersAdvertse might raise relevant totals contract, hi limited to the am duntenarged to the Adeemcser by Company for the eppUcebie advancement. Claims Ibr all aeowarree far such matrass euiat be made withal seven (7) days of the matters first ocCUneree_ LIMITATION OF LJAAIL11Y, Company's Aabli ty Is iimned in all cases to tha return atthe charges made for ale applicable advertising. THiS UMITATION OF UABILITY IS A CONDITION FORTHfc ACCEPTANCE OF ANYADVERTISING IV THE COMPANY. uN NO EVENT SHALL THE AUSTIN AMERICAN STATESMAN BE LIABLE TO ADVERTISER OR TO ANY THIRD PARTY FOR ANY INDIRECT. SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT usetEb TO LOST PROFITS OR UNREALIZED BUSINESS OPPORTUNITY, ARISING OUT OF THIS AGREEMENT OR THE PUBLICATION OF OR FAI LURE TO PUBLISH ANY ADVERTISEMENT, WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ADVERTISER FURTH ER AGREES THAT THE COMPANY'S PROVIDER OF AD MANAGEMENT SERVIcES. WlLLNOT BE LIABLE FOR ANY LOSSES. COSTS, OR DAMAGES THAT MAY ARISE FROM ADVERTISER'S USE OF AD BANNER MANAGEMENT SERVaCES ON STATEsMAN.Cora AND THAT NEITHER THE COMPANY NOR THE AD BAN NER MANAGEMENT SERVICES WILL BE UAB LE TO ADVERTRSER'FOR ANY IN01RECT, CONSEOUENTI L, SPECIAL. OR EXEMPLARY DAMAGES, 11. FORCE MADE URE. Each party hernia shall be excused irons Iebary to perform lis odlgalons hereunder where such !allure results from delays caused by Acts of God. ares, Roods, strikes, wane stoppages. controls or regulation of lettere, state, or local governments. or either causes beyond Wirers matte control. la. ASSIGNMENT. lute Agreernert may nae pe assigned or transterreo by the AdveIUser_ 13. It is expressly agfeCs Mei mellba-Adverteer nes me Austin AmerlcenStatesmen, nor Clic Newspapers, rdr their respective agents and reproentatives, Shan dlsdose In any memerltheteens and conations lir tree Agreement to anyone not o party to N. 14, This Agreetnent le governed by the laws orate state of Texas SS By signing below I certify Mat 1 are the owner or authorized representative of the Advertiser, and l hereby grant on behar or toe Advertiser its express permlesiaf are concent to nsgtve ace ertlsfng arias and other IrformaUvn Ma Greet mail, teaeprlorre, emelt. and tacslmde uanantssion hon the Austin Americas -Statesman or any other business operated byffte Company. 1 agree Mgt such information may be transmitted to the malting and email address(es)l *immune number(s) end =simile number(s) listed on rye ndnt d Ws agreement or to any caner contact eddre ses and numbers used by the Adverfser, 1 nether represent that me Advertiser Is the owner or lessor of the facsimile equpmeri that wit be used to receive tax messages at Ste numbers noted, or It the autnodzed representative of the equipment owner or lessor, 16. The adventser rant read and agneas to the Terms arta Con®ttens by the signature below T7, This agreement IS fully exeaurd • •n the acceptance by both partles' signatures. • EtfldingAetna* kr Me AdVWiser. emekhg Authorey for Me cdm,peny /f9A, Dated. L i Revised Jemmy 2004 Q. 2 09/06/2006 WED 09:57 [TX/RX NO 9078] 2003 DATE: August 29, 2006 SUBJECT: City Manager Approval - September 1, 2006 ITEM: City Manager approval of advertising contract with Austin American Statesman for advertisement on their website. Department: Administration Staff Person: Will Hampton, Communication Director Justification: Individuals with our city's zip code (78660 & 78664) will be able to see the advertisement for the city's website. This is a one time contract for September 1 - 30, 2006. Funding: Cost: $2,900.00 Source of funds: General Fund / 5284-100-12000 Outside Resources: Austin American Statesman Background Information: N/A Public Comment: N/A Blue Sheet Format Updated 01/20/04