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HomeMy WebLinkAboutContract 33565 , CITY SECRETARY CONTRACT NO. ,�� FORT WORTH STAR-TELEGRAM 400 W. 7th Street Fort Worth, Texas 76102 ANNUAL DOLLAR VOLUME CONTRACT This contract is made this 26 day of ARd, 2006 by and between the Fort Worth Star-Telegram, (hereinafter called the "Company"), and City of Fort Worth Dept. of Public Works, (hereinafter called the "Advertiser"). Whereas the Company is the publisher of a daily newspaper and the Advertiser wishes to purchase advertising space in said newspaper, the Company and Advertiser agree as follows: This annual agreement begins May 1, 2006 and expires July 31, 2006. The Advertiser agrees to run a minimum of $29,000 with the Company in net retail advertising revenue. Star-Telegram rates: Sunday Full Run Metro: $69.20 pci Wednesday, Northeast Metro: $22.53 pci Wednesday, Fort Worth Metro: $46.67 pci Diario La Estrella: $8.51 pci The Company will also grant the Advertiser the ROP retail advertising rate outlined in the Company's regularly published retail rate schedule that is in effect at the time the contract is signed. Dollar volume commitment must be made and contract signed prior to the agreement date. Company will not "back-date" contracts. All retail advertising expenditures by the advertiser during the agreement period will be credited toward the annual dollar volume attainment excluding special promotions. Failure by advertiser to achieve terms in either revenue or frequency will result in all advertising being rebilled to actual earned rate. This agreement specifically incorporates by reference all the rates, terms and conditions contained in the Company's regularly published retail rate schedule except insofar as they may be inconsistent with the provisions herein. ADVERTISER AGENCY AGENCY ADDRESS THIS CONTRACT IS SUBJECT TO THE CONDITIONS ON THE REVERSE SIDE. City/State/Zip AGENCY NAME&TITLE FW Ace nt ESE 1` AGENCY SIGNATURE FWST Advertising Manager ADVERTISER ADDRESS DATE City/State/Zip Revised 04/06 ADVERTISER NAME &TITLE ADVERTISER SIGNATURE LAI i �•�'r'.'NV�1pU tl i U L`r41j o R f FORT WORTH STAR-TELEGRAM 400 W. 7th Street Fort Worth, Texas 76102 1. The ADVERTISER may cancel this contract at any time new rates are made effective by giving written notice to the COMPANY fifteen (15) days prior to the effective date of the rate adjustment. If the contract is canceled by the ADVERTISER as provided in this paragraph, all space run during the current period of the contract will be billed at the open or earned contract rate, whichever is applicable. COMPANY may adjust rates at any time with thirty (30) days notice to the ADVERTISER. 2. If, after the completion of the contract period, the ADVERTISER shall have purchased less space or run less frequency than agreed to in this contract, to the extent that a different rate would be applicable,ADVERTISER's rate for all space run during the period of the contract will be billed at the open or earned rate, whichever is applicable.ADVERTISER agrees to pay the difference unless otherwise stated on the front of the contract. 3. This agreement specifically incorporates by reference all the rates, terms and conditions contained in COMPANY's regularly published rate schedule except insofar as they may be inconsistent with the provisions herein. 4. The ADVERTISER agrees to either pay for advertisements when ordered or establish credit with the COMPANY and make full payment upon receipt of COMPANY s invoice/statement, and, in the event that the ADVERTISER fails to make timely payment, COMPANY may reject advertising copy and/or immediately cancel this contract, and ADVERTISER agrees to indemnify COMPANY for all expenses incurred in connection with the collection of amounts payable under this contract, including collection fees, attorney's fees and court costs. If this contract is canceled due to ADVERTISER's failure to make timely payment, COMPANY may re-bill the ADVERTISER for a new outstanding balance due based on the total amount of space purchased during the term of this contract at either the open or earned rate, whichever is applicable. 5. The COMPANY may, in its sole discretion, edit, classify, reject or cancel any advertising copy at any time. In all cases, the ADVERTISER assumes liability for the content of all advertising copy printed and agrees to hold the Fort Worth Star-Telegram blameless from all claims arising therefrom. 6. In the event of agency involvement, the ADVERTISER and agency shall be jointly and severally liable for the payment of all bills and charges made or to be made under this contract. ADVERTISER authorizes publisher, at its election, to tender any bill to agency, and such tender shall constitute notice to ADVERTISER and such manner of billing shall in no way impair the joint and several liability of ADVERTISER and agency. The rights of publisher shall in no way be affected by any dispute or claim as between ADVERTISER and agency. 7. This contract may not be assigned or transferred by ADVERTISER. 8. This contract contains the entire agreement between ADVERTISER and COMPANY and may not be modified except in writing signed by both parties hereto. The above has been read and agreed: FOR OFFICE USE ONLY Account No: Advertiser Advertising Type: (initial) Contract Name: ST Contract Level: (initial) Sales No: Revised 08/03 w CITY OF FORT WORTH ATTEST: B Marty Hendrix 6rc A. Ott City Secretary Assistant City Manager ir- 16� -10 -- -ontract -uthorization — 4-�LL4- Date APPROVAL RECOMMENDED Robert Goode Director of Transportation and Public Works PPROVE,D/AS TO FORM AND LEGALITY G Assistant 'ty A orney City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/25/2006 DATE: Tuesday, April 25, 2006 LOG NAME: 20SWU FWST/ADV REFERENCE NO.: **G-15175 SUBJECT: Authorize the Purchase of Advertising from the Fort Worth Star-Telegram, Diario La Estrella and La Vida News-The Black Voice for the Storm Water Utility RECOMMENDATION: It is recommended that the City Council: 1. Approve the purchase of advertisements from the Fort Worth Star-Telegram, Diario La Estrella, and La Vida News-The Black Voice for the Storm Water Utility education and outreach campaign at a cost not to exceed $35,000; 2. Authorize a purchase agreement for 3 1/2 months; and 3. Authorize this agreement to begin May 1, 2006 and expire August 15, 2006. DISCUSSION: An extensive advertising campaign is part of the overall education and outreach plan that the Transportation and Public Works Department's education coordinator developed for the Storm Water Utility. Advertisements are planned for the Star-Telegram , Diario La Estrella (Hispanic section of Star Telegram) for $30,000 and La Vida News-The Black Voice at a cost of $5,000. The ads will announce the utility start-up and impending fee on the water bills; and they will begin on May 3, 2006 and end no later than August 15, 2006. A waiver of the goal for M/WBE participation was requested and approved for this project because subcontracting and supply opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the funds for this contract are available in the current operating budget, as appropriated, of the General Fund. The General Fund will be reimbursed this amount from the Storm Water Utility Fund once revenues are realized. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 533010 0201000 $35.000.00 Submitted for City Manager's Office b Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) � � 1 ROD CIYY N11rul-RERRY Logname: 20SWU FWST/ADV Page 1 of 1