CM-08-04-094DATE: April 11, 2008
SUBJECT: City Manager - April 18, 2008
ITEM: Consider City Manager approval to execute an
Advertising Agreement with Madden Media for
iBrochures service.
Department: Convention and Visitor Bureau
Staff Person: Nancy Yawn, Director
Justification:
Madden Media will make our downloadable visitor guide "The Rule
Book" available on their website "vacationfun.com".
Funding:
Cost: $1,200.00
Source of funds: Hotel Occupancy Tax
Outside Resources: N/A
Background Information:
An advertisement for the Round Rock Convention & Visitors Bureau
was included in the See Texas First and Austin Hill Country magazines
in the spring and fall of 2007 and will be included in the 2008 editions.
An overwhelming number of leads were generated in 2007. It is
expected that this will reduce much of the costs involved in responding
to the leads generated in 2008.
Public Comment: N/A
Madden Media
Advertising Agreement
1650 E Ft Lowell Rd, #100, Tucson, AZ 85719
Telephone 520-322-0895 or 800-444-8768
Fax 520-232-2632
Contract Created: 2/14/2008 - 2:49 p.m.
Contract: C13455
connecting people to places
Client: Arsenal Brand Customer No.: 106744
Attention: Anne Marie Smith Phone: 512 860-3804
Address: 701 Brazos Ste 120 Fax:
EMail: annemarie@arsenalbrand.com
City, State Zip: Austin TX 78701 Website: http://www.arsenalbrand.com
Advertiser: Round Rock CVB
Contact: Nancy Yawn
Orders Summary
Program
2008 iBrochures
Item
iBrochure
Gross Net Adj
$2,229.41 $1,200.00 -46%
Total:
$1,200.00
iBro negotiated rate; fulfillment for TXS; TXF; and Austin inserts. One year on vacationfun.com
SEE ATTACHMENT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE FOR ALL PURPOSES.
Billing Information
Company: Round Rock CVB
Attention: Nancy Yawn
Address: 120 South Brown Street
Round Rock TX 78664
TERMS: Net 30 Days
Customer No.: 106743
Phone: 512 218-7094
Fax:
EMail: nyawn@round-rock.tx.us
Signature:
Print Name:
ATTEST:
s R. Nuse. P.E.
City Manager
Sara L. White, City Secretary
PRO ED AS TO FORM:
. Sheets, City Attorney
Date: Lk_u:6_0(?)
MM Rep.: Allison Cessna
Terms and Conditions
TERMS: This offer for contract remains binding if signed and
returned within seven days to the address or fax number
shown below.
CREDIT CARD: Payments made by credit card are subject to a
2% processing fee.
APPROVALS: All contents of all advertisements are subject to
publisher's approval. Publisher reserves the right to reject or
cancel any advertisement, insertion order, space reservation,
or position commitment at any time.
POSITIONING: Positioning requests will be considered but not
guaranteed unless position is paid for and specified in the
contract. The ultimate position of each advertisement is at
discretion of publisher. Space reservation deadline for
premium positions is four weeks prior to published rate card
deadlines.
DEADLINES/MATERIALS: If the advertiser does not submit
acceptable ad copy and/or production materials by materials
due date, the publisher reserves the right to use prior ad
materials or fill the space with a non -revenue ad. If the
advertiser does not return any provided proofs with all required
changes by the proof deadline, publisher reserves the right to
use provided proof with editorial modifications deemed
appropriate in editing process. The advertiser is still liable for
the full cost of the ad space. Ad materials must conform to
specifications in publisher's Electronic Ad Specifications form
and/or rate card.
PRINT METHOD: Body and cover are printed web offset. Final
reproduction quality is contingent on materials furnished. Due
to the nature of web offset and sheet -fed printing, color
reproduction may vary from proofs and originals provided.
COMMISSIONS: A 15% commission is available to recognized
agencies. No agency commission is allowed if payment is not
received within 60 days of invoice date.
PAYMENT: Amounts due are invoiced upon delivery of
publication.
tree.
Publisher may hold advertiser and its advertising agency,
jointly and severally, liable for all sums due and payable to
publisher. Any collection expense or legal fees incurred in
collecting paymentwill be paid for by the advertiser/agency.
which are finally adjudicated against City
CANCELLATIONS: The advertiser shall have the right to cancel
this agreement at any time within three days of the date of this
agreement by written notice to publisher. Any cancellation
made after three days and up to and including the closing date
shall be billed 30% of the amount of the original charge. No
cancellations shall be accepted by the publisher after the
closing date.
FREQUENCY DISCOUNTS: Apply only to advertising on written
contracts. Repeat ads may be run the same as previous
issue unless changes are received two weeks prior to closing
date. If frequency contract is not fulfilled, advertiser agrees to
pay short rate. Short rate is difference between rate contracted
for and issue rates per rate card. Any frequency contract
cancellations must be made in writing two weeks prior to
closing date.
OMMISSIONS/ERRORS: Publisher will exercise every care to
prevent an error or omission in each advertisement. Advertiser
has 15 days from publication date to notify publisher of any
omissions or errors. Advertiser is responsible for making all
required changes to any proof provided. The publication shall
not be responsible for an omission or error if a proof of an ad
has been provided to the advertiser. The publisher is not
liable for failure to publish an ad or for typographical errors in
publication. Adjustments for errors are limited to the cost of
that portion of the ad wherein the error occurred. Advertising
corrections of changes taken over the telephone are accepted
only at the advertiser's risk. Advertisements not received by
advertising production department by material closing date
will not be entitled to the privilege of approval or revision by the
advertiser or its agency.
PUBLISHER/ADVERTISER: All advertisements are accepted
and published upon agreement that the party placing such
materials is authorized to publish any and all such materials.
In consideration of the acceptance, advertiser and/or agency
agree to indemnify and hold the publisher harmless from and
against any loss or expense on claims based on the subject
matter of such advertisements.
ENTIRE AGREEMENT: This writing contains the entire
agreement of the parties. No representations are made or
relied upon by either party other than those expressly set forth
herein. No agent, employee, or other representative of either
party is empowered to alter any of the terms set forth unless
done in writing and signed by the publisher and the advertiser.
All advertising materials should be mailed to:
AD TRAFFIC DEPARTMENT
Madden Media, Inc.
1650 E. Fort Lowell Rd., Ste. 100
Tucson, AZ 85719
Telephone: 520-322-0895 / Fax: 520-322-9438
Please reference the Contract Number C13455 on ad
material submittals.
Advertiser and its agency will be presumed to have read this
contract and agreed to its conditions.
ATTACHMENT "A"
The City of Round Rock, as a Texas home -rule municipality, requires the following contract
language regarding invoicing and payment provisions:
INVOICING: Vendor shall submit one (1) original and one (1) copy of each invoice to the following:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, TX 78664-5299
PROMPT PAYMENT POLICY:
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made
by the City to Vendor will be made within thirty (30) days of the date the City receives goods under this
Agreement, the date the performance of the services under this Agreement are completed, or the date the
City receives a correct invoice for the goods or services, whichever is later. Vendor may charge interest
on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment
becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This
Prompt Payment Policy does not apply to payments made by the City in the event:
(a)
(b)
(c)
There is a bona fide dispute between the City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
cause the payment to be late; or
There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed that
causes the payment to be late; or
The terms of a federal contract, grant, regulation, or statute prevent the City from
making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction on the
purchase order relating to the payment.
NON -APPROPRIATION AND FISCAL FUNDING:
This Agreement is a commitment of the City's current revenues only. It is understood and agreed
that the City shall have the right to terminate this Agreement at the end of any of the City's fiscal years if
the governing body of the City does not appropriate funds sufficient to purchase the services as
determined by the City's budget for the fiscal year in question. The City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
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