CM-09-01-015CITY OF ROUND ROCK AGREEMENT
FOR NEWSPAPER PUBLICATION RATES
WITH COX COMMUNICATIONS, INC.
dba ROUND ROCK LEADER
This Agreement (hereinafter referred to as the "Agreement") is made by and between the City of Round
Rock, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock,
Texas 78664-5299 (hereinafter referred to as "City"), and Cox Communications, Inc. dba Round Rock Leader,
whose offices are located at 1015 South Mays Street, Round Rock, Texas 78664 (hereinafter referred to as "Cox
Communications").
RECITALS:
WHEREAS, Cox Communications is the publisher of the Round Rock Leader, a public newspaper of
general circulation in the City of Round Rock, Texas; and
WHEREAS, City has determined that there is a need for contracting for fixed publication rates and
services; and
WHEREAS, City desires to herewith contract for same; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights,
duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and valuable
consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the
parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective from October 1, 2008, and shall remain in full force and effect until
September 30, 2009.
At City's sole option, this Agreement may be renewed for two (2) additional twelve (12) month periods
from the expiration date of the initial term, only upon the express written agreement of both parties.
1.02 AGREEMENT TO PUBLISH
When submitted by City, Cox Communications agrees to publish in the Round Rock Leader all
ordinances, notices and other matter required to be published by the constitution and/or laws of the State of Texas.
1.03 SUBMISSION DEADLINES FOR LEGAL LINER ADVERTISING
Cox Communications agrees that all such matter in the form of legal liner advertising delivered to its
offices by 12:00 noon on a Monday will be published in the newspaper dated and delivered the Thursday
immediately following, and that all such liner advertising matter delivered to its offices by 3:00 PM on a
Wednesday will be published in the newspaper dated and delivered the Saturday immediately following, and that
all such liner advertising matter delivered to its offices by 3:00 PM on a Thursday will be published in the
newspaper dated and delivered the Tuesday immediately following.
00153156/jkg
CM- - OI -
o►S
1.04 SUBMISSION DEADLINES FOR DISPLAY ADVERTISING, MAPS, AND ILLUSTRATIONS
Cox Communications agrees that all such matter in the form of display advertising, maps and illustrations
delivered to its offices by 12:00 noon on a Monday will be published in the newspaper dated and delivered the
Thursday immediately following, and that all such display advertising, maps and illustrations delivered to its
offices by 3:00 PM on a Wednesday will be published in the newspaper dated and delivered the Saturday
immediately following, and that all such display advertising, maps and illustrations delivered to its offices by 3:00
PM on a Thursday will be published in the newspaper dated and delivered in the next scheduled publication.
1.05 AFFIDAVITS OF PUBLICATION
Cox Communications agrees to provide City with all appropriate affidavits of publication and tearsheets
of actual publications as may be requested by City.
1.06 NEWSPAPER PUBLICATION RATES
In consideration of the foregoing, City agrees to pay Cox Communications the following advertising
rates. The parties expressly agree that such rates shall not be increased during the entire term of this Agreement.
Tuesday and Saturday Rates
For Legal Liner Advertising
For Legal Display Advertising
For Maps and Illustrations inserted into Legal Liner
For Classified Display
For Retail Advertising
Thursday Rates
For Legal Liner Advertising
For Legal Display Advertising
For Maps and Illustrations inserted into Legal Liner
For Classified Display
For Retail Advertising
1.07 ADVERTISING AFFILIATION
$ 0.40 per word
$15.05 per column inch
$15.05 per column inch
$10.50 per column inch
$ 9.50 per column inch
$ 1.05 per word
$26.50 per column inch
$26.50 per column inch
$26.50 per column inch
$ 9.50 per column inch
City and Cox Communications hereby expressly agree, for the term of this Agreement, to enter into an
advertising affiliation as delineated in Exhibit "A" attached hereto and incorporated herewith for all purposes.
Such advertising affiliation provides for City to give Cox Communications a total agreed value of $16,800 in
specified advertising opportunities at City -sponsored events, and in return and exchange for Cox Communications
to publish the following delineated City advertising without charge: current level of City Beat ads (3 column by
11 inch ad 26 times per year), Parks and Recreation full-page ad (twice monthly, full color), and full-page July
4th Frontier Days ad.
1.08 TERMS OF PAYMENT
Invoices: To receive payment, Cox Communications shall submit invoices to City. Each invoice shall
detail the services performed, along with documentation. All payments to Cox Communications shall be made on
the basis of the invoices submitted by Cox Communications and approved by City.
2
Should additional backup material be requested by City, Cox Communications shall comply promptly.
In this regard, should City determine it necessary, Cox Communications shall make all records and books relating
to this Agreement available to City for inspection and auditing purposes.
If City has any dispute with work performed, then City shall notify Cox Communications within thirty
(30) days after receipt of invoice. In the event of any dispute regarding the work performed, then and in that
event Cox Communications shall either (a) satisfactorily re -perform the disputed services or (b) provide City with
an appropriate credit.
Payment of Invoices: City reserves the right to correct any error that may be discovered in any invoice
that may have been paid to Cox Communications and to adjust same to meet the requirements of this Agreement.
Following approval of invoices, City shall endeavor to pay Cox Communications promptly, but no later than the
time period required under the Texas Prompt Payment Act described in Section 1.11 herein. Under no
circumstances shall Cox Communications be entitled to receive interest on payments which are late because of a
good faith dispute between Cox Communications and City or because of amounts which City has a right to
withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes
applicable to the services, but not for taxes based upon Cox Communications' net income.
Offsets: City may, at its option, offset any amounts due and payable under this Agreement against any
debt (including taxes) lawfully due to City from Cox Communications, regardless of whether the amount due
arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City
has been reduced to judgment by a court.
1.09 SUPPLEMENTAL AGREEMENTS
The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly
authorized by City Council or City Manager action, if City determines that there has been a significant change in
(1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such
Supplemental Agreement must be executed by both parties within the period specified as the term of this
Agreement. Cox Communications shall not perform any work or incur any additional costs prior to the execution,
by both parties, of such Supplemental Agreement. Cox Communications shall make no claim for extra work done
or materials furnished unless and until there is full execution of any Supplemental Agreement, and City shall not
be responsible for actions by Cox Communications nor for any costs incurred by Cox Communications relating to
additional work not directly authorized by Supplemental Agreement.
1.10 NON -APPROPRIATION; AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and agreed that City
shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City
does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in
question. City may effect such termination by giving Cox Communications a written notice of termination at the
end of its then current fiscal year.
1.11 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to be made by City to
Cox Communications will be made within thirty (30) days of the date City receives goods under this Agreement,
the date the performance of the services under this Agreement are completed or the date City receives a correct
invoice for the goods or services, whichever is later. Cox Communications 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 City in the event:
3
(1) There is a bona fide dispute between City and Cox Communications, a contractor, subcontractor,
or supplier about the goods delivered or the service performed that causes the payment to be late;
or
(2) There is a bona fide dispute between Cox Communications 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;
(3) The terms of a federal contract, grant, regulation, or statute prevent City from making a timely
payment with federal funds; or
(4) The invoice is not mailed to City in strict accordance with any instruction on the purchase order
relating to the payment.
1.12 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal representatives to each other
with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties hereunder
without the other's prior written approval.
1.13 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either
party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same
shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with
the laws and court decisions of Texas.
1.14 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including any appended exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and agreements,
either written or oral, with respect to the subject matter hereof. No modifications of this Agreement will be
binding on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
1.15 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any
event rendering any portion of provision of this Agreement void shall in no way affect the validity or
enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed
from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did
not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement
to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this Article shall not prevent this entire Agreement from being void should a
provision which is of the essence of this Agreement be determined void.
1.16 GENERAL AND MISCELLANEOUS
The section numbers and headings contained herein are provided for convenience only and shall have no
substantive effect on construction of this Agreement.
4
The failure of a party to exercise any right hereunder shall not operate as a waiver of said party's right to
exercise such right or any other right in the future.
Time is of the essence to this Agreement. Cox Communications understands and agrees that any failure
of Cox Communications to complete the services due under this Agreement within the agreed term as delineated
herein will constitute a material breach of this Agreement.
This Agreement may be executed in multiple counterparts, which taken together shall be considered as
one original.
City agrees to provide Cox Communications with one (1) fully executed original of this Agreement
document.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated.
CITY OF ROUND ROCK, TEXAS COX COMMUNICATIONS, INC.
By: - .
Title: � 1 h4 l 1.0�t�ir'
Date: `�
ATTEST:
-4
By: Vitt. . it litLL
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
dba ROUND ROCK LEADER '
By: `-' Ter SC�41U14
Title: 0111.1 V—
Date: 1- 2 7' 01
City of Round Rock -Round Rock Leader advertising partnership
Fireworks and Parade sponsor for July 4 frontier days celebration- Value: $3000
o announced by Mayor McGraw prior to fireworks show
o booth opportunity at OId Settlers Park during festival
o opportunity to hang banner at OId Settlers pavilion entranceway (3X5)
o as always — the opportunity to be in the parade!
o Logo and link from www.roundrockfrontierdays.com to RR Leader page
o Free use of OId Settlers Park pavilion (on an available date).
o Included in PSA tag on Channel 10 during parade as fireworks sponsor of July 4 Frontier
Days
Christmas Family Night media partner December 12, 2008 — Value: $3,000
o host a booth at Christmas Family Night
o announced during Mayor announcements
o logo and Zink on City website and print advertising
Easter Egg hunt April 11, 2009 sponsor—Value: $1000
o opportunity to be onsite with marketing both at egg hunts
o opportunity to be event co -announcer and be involved in the event rallying up the
crowd, encourage them to visit your RR Leader booth.— read script we provide and ad-
lib to audience.
o logo on event flyer
Program Guide advertisements—Value: $800
o provide two half -page advertisements in the City of Round Rock Parks and Recreation
Program Brochures for Summer 2009 and Fall 2009. We distribute 39,000 copies
through Round Rock ISD and City facilities. Spring 2009 has already printed. -Summer
book ad due February 2, 2009, Fall book ad due June 8
Program underwriter for City's Government Access Channel — $9,000
o Provide a brief (10 seconds or Tess) underwriter announcement for each airing of City
Focus, the City's video newsmagazine that is shown on Time Warner Cable Channel 10.
City Focus is broadcast at the top and bottom of the hour from noon to midnight seven
days a week.
Total Value: $16,800
In exchange, City receives current level of City Beat ads (3 column by 11 inch ad 26 times a year), Parks
and Rec full page ad (twice monthly, full color) and full page July Fourth ad.
EXHIBIT
nAu
DATE: January 22, 2009
SUBJECT: City Manager—January 30, 2009
ITEM: Consider approval for city manager to execute an agreement
with Cox Communications, Inc., dba Round Rock Leader for an advertising
contract and partnership agreement.
Department: Administration
Staff Person: Will Hampton, Communications Director
Justification:
This contract sets our legal advertising rates for the next 12 months. The advertising
partnership agreement contained in the contract will allow the City of Round Rock to
continue the City Beat ads (26 times a year) and the Parks & Recreation department will
also run a bi-monthly advertisement, in addition to one full page for Fourth of July
festivities in exchange for the Leader receiving various sponsorship opportunities of City
events. Round Rock Leader will also be a program underwriter for the government
access channel.
Funding:
Cost:
Tuesday and Saturday Rates
For Legal Liner Advertising
For Legal Display Advertising
For Maps and Illustrations inserted into Legal Liner
For Classified Display
For Retail Advertising
Thursday Rates
For Legal Liner Advertising
For Legal Display Advertising
For Maps and Illustrations inserted into Legal Liner
For Classified Display
For Retail Advertising
Source of funds: General Funds
Outside Resources:
Background Information:
Public Comment: None
Round Rock Leader
N/A
$ 0.40 per word
$15.05 per column inch
$15.05 per column inch
$10.50 per column inch
$ 9.50 per column inch
$ 1.05 per word
$26.50 per column inch
$26.50 per column inch
$26.50 per column inch
$ 9.50 per column inch