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HomeMy WebLinkAboutContract 52168 CITY SECRETARY CONTRACT NO. ACCOUNT INFORMATION ACCOUNT NAME: FORT WORTH PUBLIC LIBRARY ACCOUNT NUMBER(ID): 601208 (hereby known as the Advertiser) CONTACT NAME: Theresa Davis CONTACT PHONE: (817) 392-7338 CONTACT EMAIL: theresa.davis@fortworthtexas.gov EIN/TAX ID: BILLING ADDRESS: 500 W 3RD ST CITY: FORT WORTH STATE: TX ZIP CODE: 761027305 COMPANY INFORMATION Publisher/Company Name: McClatchy/Star-Telegram (hereby known as the Company) OVERALL CAMPAIGN TERMS Requested Start Date: Contract Length: 2 ONE—TIME INVESTMENT INFORMATION Product Start Date Total Investment 0.00 Total One-Time Investment OFFICIAL RECORD pQR�O w���N CITY SECRETARY pFF4���(pS�`t FT. WORTNo YX DIGITAL MONTHLY CAMPAIGN INFORMATION Product Start Date End Date #of Months Monthly Amt. Total Investment Display-Owned and Operated 4/7/2019 5/31/2019 2 2400.00 4800.00 Display-Owned and Operated 4/7/2019 5/31/2019 2 2400.00 4800.00 Total Digital Investment F600.00 This campaign may be optimized for performance and the products/tactics mix may change,although the monthly amount will stay the same. PRINT AND OTHER CAMPAIGN INFORMATION Product Ad Sizeft,Count Frequency Run Date(s) Rate Total Investment Star-Telegram ROP Full-page,Fuil-col( 1 Apr!I7th 2700.00 2700.00 Star-Telegram:Sticky Note Front Page Sticky Note 1 Aprll3rd 1122.10 1122.10 L Total Print/Other Investment 3822,10 TOTAL CONTRACT INVESTMENT Amount: 13422.10 Start Date: 4/7/2019 End Date: 6/6/2019 Additional Notes: i 2018 TERMS & CONDITIONS / CONTRACTS / POLICIES Advertising Terms and Conditions Ownership of Ads:The Company retains all rights of ownership in and to all advertisements designed or created by The Company. Advertiser grants the Company a nonexclusive license to publish all camera-ready advertisements provided by Advertiser(or provided on Advertiser's behalf)to the Company.The Company is not obliged to return ads or ad materials to Advertiser and the Company is not responsible for any damage or loss to any ads,copy,drawings,art or any other materials provided by Advertiser. Late Ads: Advertising copy must be submitted to the Company prior to our publication deadlines for order booking.We retain the right to omit all late copy when not received in time to conform with our schedules. The Company's Rights Regarding Mechanical Specifications The Company reserves the right to alter any printed advertising material due to press/production requirements.This reservation of right includes the the Company's right to reduce the size of any advertisement as long as the advertisement maintains the same proportion of the entire page.Advertising will be billed based on the space reserved/ordered. Payment Terms All invoices(including applicable sales taxes)are due on the 20th of the month following insertion(s)and if not paid by the 30th day of the month following the date of insertion(s)will be late(except for accounts designated by the Company as weekly which are due within 7 days of the invoice date).Late amounts will bear interest at the maximum rate allowed by law.Advertiser shall pay all applicable taxes,If any invoice is not timely paid,then the Company reserves the right to suspend its performance at any time and/ or cancel this Agreement without notice.In the event of such a cancellation,all charges for advertising since the 1st Run Date will be re-invoiced to reflect the Corrected Rate,as described herein.All disputes of any kind must be reported in writing to the Company no later than 30 days from the date of the invoice containing such disputed item or such item will be deemed correct and conclusively accepted by Advertiser.Advertiser waives any claim after said 30-day period.Submission of a written dispute notice by Advertis- er shall not relieve Advertiser of its obligation to timely pay all undisputed amounts.Credits,refunds or payments must be used or claimed within 2 years from the date of such credit,refund or payment or shall be deemed to have been earned and correctly applied or paid.Unless agreed in writing,multiple discounts shall not apply for the same advertising purchase.The Company is not obligated to extend credit to Advertiser unless requested in writing.If Advertiser breaches this Agreement,Advertiser agrees to pay all of the Company's collection agency fees and expenses,investigation,court and litigation expenses along with attorney fees equal to the greater of:(i)25%of the amount owed,or(ii)the amount awarded by the court. Acceptance/Rejection of Advertising The Company reserves the right to revise,alter or reject any advertisement for any reason whatsoever,or to omit ads without no- tice.The Company may cancel any ad at its sole discretion,even if previously accepted for publication.Advertising copy not timely submitted by Advertiser will be excluded.Special position for advertising is not guaranteed but may be available for a premium and if agreed to in writing. Publication Errors and Omissions The Company is not liable for any omission of all or any portion of any ad,nor is the Company responsible for orders,cancellations or corrections given by telephone,email or facsimile.The Company is also not liable for any error in a published ad unless an adver- tising proof is requested in writing,Advertiser clearly marks any error in the advertising proof for corrections,and the Company is notified of the error in sufficient time before publication order booking deadlines,in which case Advertiser's sole remedy is an appro- priate credit to the extent of the error up to the cost of the first insertion of the error(if there is more than one incorrect insertion, credit shall be allowed only for the first incorrect insertion). Unavoidable Nonperformance:The Company is not liable for failure to publish ads or distribute its publications because of flood, fire,riots,strikes,terrorists,storms,shortages of material,orders of government,failure of transportation,acts of God or other causes beyond the Company's control.In such an event,this Agreement will be extended for a period equal to the time during which such performance was not possible. No Guarantees The Company does not guarantee any given level of audience,click-throughs,impressions,views or other performance measure un- less specifically stated in an Insertion Order. Copyrights Advertiser hereby grants a non-exclusive license to the Company for all copyrights and other ownership rights in any advertisement of Advertiser which is submitted for insertion in any publication of the Company,including the right to publish,reproduce,display, adapt,transmit,or produce derivative works in any medium,including any digital electronic medium.Advertiser authorizes the Company to bring suit in the Company's discretion and at the Company's expense for any unauthorized use,reproduction,display, distribution,or performance of the advertisement as it appears in the Newspapers or for its unauthorized alteration. Obligations of the Advertiser:Advertiser agrees to indemnify the Company for any and all costs,claims,damages,and/or liability claimed against or incurred by the Company as a result of the Company's publication of any ad copy submitted by Advertiser(or submitted on behalf of Advertiser)to the Company.Advertiser represents,warrants and guarantees that any ad copy so submitted to the Company is accurate,truthful and in compliance with all copyright laws and all other applicable laws and regulations. Clerical Errors Incorrect rates on advertisements,which do not correspond to the rate card or as,otherwise specified in this Agreement,will be regarded as clerical errors and such advertisements will be charged at the applicable rate for such advertisement at the time of the signing of this Agreement. Advertising Agencies The obligations of Advertiser and its advertising agency(if any)hereunder shall be joint and several.Insert Requirements All preprint, P&D,Front Page Notes and home delivery bags insertion orders require specific instructions to manage handling of shortage or overage quantities. National Advertising •For all advertising agencies recognized by the Company,a 15%commission will apply to all National space and color rates. •Agencies are required to provide camera ready art. •Payment in full is required by the 20th of the month following billing. •Insertion orders containing disclaimers are not accepted and agencies are responsible for payment of invoices for advertising placed by them on their behalf or on behalf of their clients. •You,the advertiser,or your agency must enter into a contract,Discounts are earned on one plan only and are billed at the contract rate(less agency commission).You may revise the contract upward to take advantage of higher discounts. •You are protected against rate changes for term of contract unless rates are revised.Advertisers not fulfilling terms of contract will be re-billed at the lowest rate earned. •No contracts will be backdated beyond 30 days.All contracts are dated from the first of the month. •National frequency contracts arc based upon the advertiser using the minimum frequency agreed upon.Any single ad at any of the available modular sizes,placed under a frequencycontract,counts as one ad toward the fulfillment of the contract. •If you do not use the agreed-upon frequency,the cost will be determined at the frequency level actually fulfilled. Retail Advertising Cash discounts are not available. Payment is due per payment terms above.Late payment is subject to a finance charge. Retail—Revenue Contracts • Spending in the Company's market using the various products made available counts toward fulfillment of Retail revenue contracts.Retail revenue contracts are based upon the advertiser earning the minimum agreed upon spending.If you do not meet the agreed-upon revenue,the cost of all advertising will be determined by the Company's regular schedule of rates. Retail—Frequency Contracts •Any single ad at any of the available modular sizes,placed under a frequency contract,counts as one ad toward the fulfillment of the contract.If you do not use the agreed-upon frequency,the cost will be determined at the frequency level actually fulfilled. Rates The Company reserves the right to revise rates,terms and specifications contained in the current rates cards. Copy Regulations You,the advertiser,agree to release the Company from any and all costs,claims,damages or liability resulting from publication of any advertising copy you submit.You guarantee that any copy you submit is truthful and in compliance with all applicable laws and regulations.Please see complete terms and conditions. Earned Rating/Agreement Review Advertiser will be billed at the Earned Rate for advertising purchased after the initial term. "Earned Rate"means the rate applicable to the linage,reve- nue or frequency level reached by Advertiser at the conclusion of the then-expiring term of the Agreement.If Advertiser satisfies the linage,revenue or frequency level required of its contract and qualifies for a lower Earned Rate,it will be billed at the lower Earned Rate beginning the next billing peri- od.No advertiser will receive an automatic rebate on past advertising purchases solely by qualifying for a lower Earned Rate during the contract term. Holiday Rates and Circulation For print products,the following days/sections receive Sunday circulation treatment and are charged at the Sunday contract rate and include Sunday pricing of color and any other applicable premiums:New Year's Day,Independence Day,Labor Day,Thanksgiving Day Eve, Thanksgiving Day,Day After Thanksgiving,Christmas Day,Day After Christmas.Special sections offered by the Company from time to time are charged at the Sunday contract rate. ROP Premium Position Cancellation Policy ROP premium positions(defined as spadeas,double trucks and Section A front page strips)in the print newspaper and Yes!(Sunday Select)publishing on January 1,February 13,February 15,May 30,September 5,and during November and December will be subject to a mandatory cancellation fee. Once Advertiser reserves Publication Date(s)for ROP premium position(s)for any of the positions and dates outlined above, Advertiser cannot cancel or change that date(s)unless Advertiser delivers written notice of change or cancellation to the Company not less than seven (7)business days prior to publication date or prior to order booking deadline.If Advertiser's written notice is not timely,or if Advertiser otherwise fails to keep the Publication Date for such premium positions,then unless the advertising runs as scheduled Advertiser agrees to pay a cancellation fee equal to 25%of reserved ad position amount. Outproof Policy A proof of your ad is provided lice of charge.If rush proof is required,an additional$40.00 will be charged to your account,and the proof will be available within 4 hours of the request.Changes and revisions to your proof can be made free of charge up to two(2)times.A$25.00 charge will be incurred for each subsequent revision requested. Contact Information For more information on products and services,contact your representative or call our Advertising Office.All rates current at time of publication. Added Value Information/Notes: Additional Notes 2: Digital includes Desktop Floorboard and Mobile 320X50 ad units SIGNATURE Client Name: Theresa Davis Marketing Consultant: Steve Leek Client Signature: MC Signature: Title: Date: 03/11/2019 OFFICIAL RECORD CITY SECRETARY Date: 03/11/2019 Manager Signature: F1; WORTH,`I McClatchy Contract Final Audit Report 2019-03-20 Created: 2019-03-11 By: Steffanie Stricker(sstricker@star-telegram.com) Status: Signed Transaction ID: CBJCHBCAABAAvG61g TaITGZNohHOD9VJsMcN2TeY-kb "McClatchy Contract" History '5 Document created by Steffanie Stricker(sstricker@star-telegram.com) 2019-03-11 -7:40:29 PM GMT-IP address:13.110.6.8 P4 Document emailed to Steve Leek(sleek@star-telegram.com)for signature 2019-03-11 -7:40:41 PM GMT Document viewed by Steve Leek(sleek@star-telegram.com) 2019-03-11-7:42:15 PM GMT-IP address:66.102.7.210 d© Document e-signed by Steve Leek(sleek@star-telegram.com) Signature Date:2019-03-11-7:42:42 PM GMT-Time Source:server-IP address:166.108.248.91 24 Document emailed to theresa.davis@fortworthtexas.gov for signature 2019-03-11-7:42:44 PM GMT Document viewed by theresa.davis@fortworthtexas.gov 2019-03-12-7:36:05 PM GMT-IP address:209.194.29.100 r>t Document signing delegated to Jesus J. Chapa(Jesus.Chapa@fortworthtexas.gov)by theresa.davis@fortworthtexas.gov 2019-03-18-3:17:40 PM GMT-IP address:209.194.29.100 P'4 Document emailed to Jesus J. Chapa (Jesus.Chapa@fortworthtexas.gov)for signature 2019-03-18-3:17:41 PM GMT Document viewed by Jesus J. Chapa(Jesus.Chapa@fortworthtexas.gov) 2019-03-18-4:19:20 PM GMT-IP address:209.194.29.100 d© Document e-signed by Jesus J. Chapa (Jesus.Chapa@fortworthtexas.gov) Signature Date:2019-03-20-2:48:17 PM GMT-Time Source:server-IP address:209.194.29.100 ► Document emailed to Steffanie Stricker(sstricker@star-telegram.com)for signature 2019-03-20-2:48:18 PM GMT OFFICIAL RECORD Adobe Sign CITY SECRETARY Fly WORTH,Y ORAH,1rX Document viewed by Steffanie Stricker(sstricker@star-telegram.com) 2019-03-20-2:4B:27 PM GMT-IP address:66.102.7.212 6Q Document e-signed by Steffanie Stricker(sstricker@star-telegram.com) Signature Date:2019-03-20-2:48:37 PM GMT-Time Source:server-IP address:166.108.248.91 0 Signed document emailed to Steve Leek(sleek@star-telegram.com),theresa.davis@fortworthtexas.gov, Steffanie Stricker(sstricker@star-teleg ram.com), and Jesus J.Chapa(Jesus.Chapa@fortworthtexas.gov) 2019-03-20-2:48:37 PM GMT ® Adobe Sign ADDENDUM TO AGREEMENT BETWEEN THE CITY OF FORT WORTH AND MCCLATCHY FOR ADVERTISING SERVICES This Addendum is made a part of the Agreement between the City of Fort Worth and McClatchy for advertising services ("Agreement"), which is attached hereto for reference. The terms and provision of this Addendum shall control to the extent there is a conflict between the terms and conditions of this Addendum and the terms and conditions of the Agreement. I. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Company acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Company certifies that Company's signature provides written verification to the City that Company: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. II. AUDIT The Company agrees that City will have the right to audit the financial and business records of the Company that relate to this Agreement (collectively "Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Company shall make all Records available to City on 1000 Throckmorton Street, Fort Worth, Texas or at another location in City acceptable to both parties following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit. Notwithstanding anything to the contrary herein, this section shall survive expiration or earlier termination of this Agreement. III. INDEMNITY The City of Fort Worth shall not be required to indemnify or hold McClatchy harmless for any claims, damages, and or liability of any sort caused by any action taken in connection with the Agreement or Addendum. To the extent the Agreement requires the City to indemnify McClatchy, the requirement is expressly rejected and shall no longer be a part of the Agreement. [signature page follows] RECOMMENDED BY: Marilyn Marvin, ssista L rary Director Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of thig cnntrart, including ensuring all performance and reporting requirements. Marilyn Mar n, Assistant Library Director Cb . ATTEST- By: 2 City Secretary 'a �7CAS. APPROVED AS TO FORM AND LEGALITY: s ke' Ann Pale- Assistant City Attorney �► tom' Ve OFFICIAL.RECORD CITY SECRETARY FT WORTH,TX CITY OF FORT WORTH By: Jesus J. Chap Assistant City Manager - 1. OFFICIAL RECORD CITY SECRETARY FT. (NORTH,TX