R-01-09-27-15A2 - 9/27/2001 RESOLUTION NO. R-01-09-27-15A2
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.
RESOLVED this 27th day of Sep tuber 2001 .
U4*�z3hcs-:4 1 J" L -
RO A. STLUKA, J Mayor
AT ST: City of Round Rock, Texas
JO NE LAND, City Secretary
::ODMA\WORLDOX\O:\WDOX\RESOLUTI\R10927A2.WPD/sc
SEP-14-2001 18:47 CITY OF ROUND ROCK 5122187097 P.02i02
.Austin .American Statesman
P.O.Box 670, Austin Texas 78767 (512) 445-3742 EXHIBIT
Retail Advertising Contract „A„
RETAIL PREPRINT —AUSTIN STYLE/HOME NEW
ZONE —SHOWWORLD COLOR RENEWAL
XL ENT. INTERNET DIRECTORY WEEKLY BUSINE=SS REVIEW
STANDING CARD HOME FURNISHINGS OTHER
CONTRACT START DATE CONTRACT END DATE- ,
This agreement Is made on the _day of 200 1__f betty n the Austin American-Statesman(herein after
called"the Company")and J
(herein after called"the Advertiser")located
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
r►
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
dWerent 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 Idvels.
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.
7.7'he 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 try: Agreed by:
2d /1l Title
Austin A can•Statesman
Advertiser Title
oats: 3 I Account Number: �f,4
�e.� 1 (SICAof SLR kc"
TOTAL P.02
• f
DATE: September 21, 2001
SUBJECT: City Council Meeting—September 27, 2001
ITEM: *15.A.2. Consider a resolution authorizing the Mayor to execute a Retail
Advertising Contract with the Austin American-Statesman for
advertising and publication of public notices. This service will
provide a wider circulation of City 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.
Funding:
Cost: It is estimated the City will spend $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
EXECUTED
DOCUMENT
FOLLOWS
- .Austin .American- Statesman (ORIGINAL
P.O. Box 670, Austin Texas 78767 (512) 445-3742
Retail Advertising Contract
RETAIL PREPRINT AUSTIN STYLE/HOME NEW
ZONE SHOW WORLD COLOR __X RENEWAL
XL ENT. INTERNET DIRECTORY WEEKLY BUSINESS REVIEW
STANDING CARD HOME FURNISHINGS OTHER
CONTRACT START DATE O CONTRACT END DATE
This agreement is made on the day of`-`T,200 I,between the Austin American-Statesman(herein after
called"the Company")and P I A [9/ 1 ( t CY
(hereinafter called"the Advertiser")located tPnTjt;,-7�j(o(04
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
I con 11 2010 el 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 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--V ( J 1 CJrr�L� Agreed
&3r _ mJ'� JSxQ n��Ul��n -Title / /4Yo� Title
Austin A ascan-Statesman Advertiser
Date: 7 3 I �_ Account Number: (( 'r,�
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