HomeMy WebLinkAboutContract 55444CSC No. 55444
CLIENT INFaRMATIDN
CLIENT NAME: F�RT WORTH PUBLIC LI6RARY
CONTACT NAME: Theresa Da�is
EIN�TAx Ia:
61LLII�G EMAIL: theresa.da�is@fortworthtexas.go�
6fLLING AaDRESS: 5D0 W 3R� 5T F�RT WORTH, T?[ 75102
CONTACT PH�NE: [817j 392-7338
D & B NUM6ER:
COMPANY INFORMATION
Company Name: Fart Worth Star Telegram
�hereby known as the Comparryj
CAMPAIGN INFDRMATf�N
Target 5tart Date: 03�01�Z1
Campaign Ta�tic
❑isplay - �wned and Operated
Manths: 7
Ta�tic Memo:
quantity: 193,753 Impressions
Target Tactic Run Dates:
03�01�21 - 03�31�21
04�01�21- 04�30�21
05��1�21- 05�31�21
06��1�21- 06�30�21
07�01�2� - 07�31�21
Tactic In�estment
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
$443.OD
$443.OD
$443.OD
$443.OD
$443.OD
CONTRACT 1�:0029194-a2-23-2021 CLIENT 10:
D8�01�21-08�31�21
D9�01�21-09�30�21
❑isplay - Programmatic
Manths: 7
Ta�tic Memo:
qu a ntity: 700,000 I m press io ns
Target Tacti� Run Dates:
D3�01�21- D3�31�21
�4�01�2f -04�30�21
o��01�z � - as�31�z 1
D6�01�21- D6�30�21
o��01�2 � - 0��31�z 1
D8�01�2f -D$�31�21
Q9�01�2f -D9�30�21
Email Marketing- 3rd Party
Manths: 7
Ta�tic Memo:
qu a ntity: 245,000 I m press io ns
Target Tactic Run Dates:
D3�15�21-D3�15�21
D4�15�21-04�15�21
D5�15�2f -D5�15�21
D6�15�2f -D6�15�21
o�����z�-o���s�z1
D8�15�21-D$�15�21
D9�15�21-D9�15�21
$443.D0
$44�.D0
$1,000.00
$1,000.00
$�,aoo.00
$1,000.00
$�,aoo.00
$1,000.00
$1,000.00
$700.D0
$700.D0
$700.D0
$700.D0
��oo.00
$700.D0
$700.D0
Cantract Total: $15,000.�0
NOT�s
Addiiional Notes:
TERMS & C�NDiTIDNS
Advertising Terrrts and Car�ditions
Dwnership of Ads: The Company retains all rights of own�rship in and to all ad�ertisements d�signed or created by The Company.
Ad�ertiser grants the Company a nonexdusi�e license to publish all camera-ready ad�ertisements pro�ided by Ad�ertiser (or provided
on Ad�ertiser's behalfj 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 Ad�ertiser.
Late Ads
Ad�ertising copy must be submitted to the Cornpany prior to our puk�licatiQn deacflines for order booking. We retain the right to omit
all late copy when not recei�ed in time to conform with our schedules.
The Company's Rights Regarding Mechanical 5pecifications
The Company reser�es the right to alter any printed ad�ertising material due t❑ press�pradu�tion requirements. This reser�ation of
right indudes the Company's right to reduce the sixe of any advertisement as Iong as the ad�ertisement maintainsthe same proportion
of the entire page. Ad�ertising wiil be billed based ❑n the space reser�ed�order�d.
Payment Terms
All in�oices (including applicable sales taxesj are due on the 20th of the manth following insertion(s} and if not paid by the 3�th day
of the month following the date of insertion(s} wiil k�e late (except for accounts designated by the Company as weekly whi�h are due
within 7 days of the in�oice date). Late amounts will bear interest at the maximum rate allowed by law. Ad�ertiser shall pay all
appiicable taxes. If any in�oice is not timely paid, then the Company reser�es the right to suspend its performance at any time and� or
cancel this Agreement without notice. In the event of su�h a can�ellation, all �harges for advertising since the 1st Run ❑ate will be re-
in�oiced to reflect the Corrected Rate, as described herein. All disputes of any kind must be reported in writing to the Company no
later than 3� days from the date of the invoice �ontaining such disputed item or su�h item will be deemed corre�t and con�lusi�ely
acc�pted by Ad�ertiser. Ad�ertiser wai��s any claim after said 30-day period. 5ubmission of a written dispute notice by Adv�rtiser
shall not relie�e Advertiser of its obiigation t❑ timeiy pay all undisputed amounts. Cr�dits, refunds or payments must be used ❑r
claimed within 2 years from the date of such �redit, refund or payment or shall be deemed to ha�e been earned and corr�ctly applied
or paid. Unless agreed in writing, multiple discounts shall not apply for the same advertising purchase. The Company is not obligated
to extend �redit to Advertiser unless requested in writing. If Ad�ertiser breaches this Agreement, Ad�ertiser agrees to pay a II of the
Compan�s �ollection agen�y f��s and �xpenses, in�estigation, court and litigation expenses along with attorney fees �qual to the
great�r of: (ij 25% of the amount owed, or (iiJ the amount awarded by the court.
Acceptance�Rejection af Ad�ertising
The Cornpany reser�es the right to re�ise, alter ❑r rej�ct any ad�ertis�ment for any reason whatsoever, or to omit ads without no-
tice. The Company may cancel any ad at its sole discretion, e�en if previously ac�epted for publi�ation. Advertising �opy not timeiy
submitted by Advertiser will be �x�luded. 5pecial position for advertising is not guaranteed but may be a�ailable 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 k�y telephone, email or fa�simile. The Company is alsa not liable for any error in a published ad unless an ad�ertising
proof is requested in writing, Ad�ertiser clearly marks any error in the ad�ertising proof for corrections, and the Company is notified
of the error in sufficient time before publication order booking deadlines, in which case Ad�ertiser's sol� remedy is an appropriate
credit to the extent of th� error up to the cost of the first insertion of the error (if there is mor� than on� incorre�t insertion, �redit
shall be allowed only for the first incorre�t insertionJ.
Unavoidable I�onper�ormance: The Company is not liak�le for failure to pubiish ads or distribute its publi�ations be�ause of flood, fire,
riots, strikes, terrorists, storms, shortages of material, orders of go�ernment, failure of transportation, acts of God or other �aus�s
beyond the Company's control. In su�h an e�ent, this Agreement will be extended for a period equal to the time during which su�h
performance was not possik�le.
Na Guarantees
The Company does not guarantee any gi�en le�el of audience, �lick-throughs, impressions, �iews or other performance measure un-
less sp�cifically stated in an Insertion Drder.
Copyrights
Ad�ertiser hereby grants a non-exclusive li�ense to the Company for all copyrights and other ownership rights in any advertisement
of Advertiser which is submitted for ins�rtion in any publication of the Company, including the right t❑ publish, reproduce, display,
adapt, transmit, or produce deri�ati�e works in any medium, including any digital electroni� medium. Ad�ertiser authorixes the
Company t❑ bring suit in the Company's discretion and at the Company's expense for any unauthoriied use, reproduction, display,
distribution, or performance of the ad�ertisement as it appears in the N�wspap�rs or for its unauthorixed alteration.
Dbligations of the Ad�ertis�r: Ad�ertiser 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 Campany's publication of any ad copy submitted by Ad�ertiser �or
submitted on k�ehalf of Ad�ertiser} to the Company. Ad�ertis�r represents, warrants and guarant��s that any ad �opy so submitted to
the Company is accurate, truthful and in compliance with all copyright laws and all other applicable laws and regulations.
Cleri�al Errors
In�orrect rates on ad�ertisements, which do not �orrespond to the rate card or as, oth�rwise specified in this Agreement, will be
regarded as clerical �rrors and su�h ad�ertisem�nts will be charged at the applicable rate for su�h advertisement at the time of the
signing of this Agreement.
Advertising Agen�ies
The obligations of Advertiser and its advertising agency �if anyj hereunder shall be joint and several. Insert R�quirements All preprint,
P&�, Front Page I�otes and home deli�ery k�ags insertion orders require specifi� instructions t❑ manage handling of shortage or
o�erage quantities.
Natianal Ad�ertising
+ For all ad�ertising ag�ncies re�ogniied by the Company, a 15% commission will apply ta all National space and color rates.
• Agencies are r�quired to pro�ide �amera ready art.
• Paym�nt in full is required by the 20th of the month foilowing billing.
• Insertion orders containing dis�laimers are not accepted and agen�ies are responsible for payment of in�oices for
ad�ertising pla�ed k�y them on their behaif or on behalf of their dients.
• You, the ad�ertiser, or your agency must enter into a contract. �iscounts are earned on one plan only and are k�illed at the
contract rate {less agen�y commission}. You may revise the cantract upward to take ad�antag� of higher dis�ounts.
• You are protected against rate changes for term of contract unless rates are re�ised. Ad�ertisers not fulfilling terms of
contract wiil be re-biiled at the iowest rate earned.
• No �ontra�ts will k�e k�ackdated beyond 3� days. All contracts are dated from the first of the month.
• National frequency contracts are based upon the ad�ertiser using the minimum frequertcy agreed upon. Any single ad
at any of the a�ailable modular sixes, placed under a frequency �ontract, 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 le�el actually fulfilled.
Retail Advertising
+ Cash discounts are not a�ailable.
• Payment is due per payment terms abo�e. Late payment is subject to a finance charge.
• R�tail — Re�enue Contracts
a 5pending in the Company's market using the �arious produ�ts made a�ailable counts toward fulfillment of Retail
revenue �ontra�ts. Retail re�enue �ontra�ts are bas�d upon the advertiser earning the minimum agreed upon
spending. If you do not meet the agreed-upon re�enue, the cost of ail advertising will be determined by the
Cornpany's regular s�hedule of rates.
• R�tail — Frequen�y Contra�ts
� Any single ad at any of the available modular sizes, placed under a frequency contract, counts as one ad toward
the ful�llment 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 re�ise 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 resultingfrom 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 far advertising purchased after the initial term. "Earned Rate" means the rate applicable
to the linage, re�enue or frequency level reached by Ad�ertiser at the conclusion of the then-expiring term of the Agreement. If
Advertiser satisfies the linage, re�enue 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 an past ad�ertising
purchases solely by qualifying for a lawer Earned Rate during the contract term.
Holiday Rates and Circulation
For print products, the follawing days/sections receive Sunday circulatian treatment and are charged at the Sunday contract rate and
include Sunday pricing of color and any other applicable premiums: New Year's aay, Independence aay, Labor aay, Thanksgiving ❑ay
Eve,
Thanksgiving Day, aay Aiter Thanksgiving, Christmas Day, aay After Christmas. Special sections offered by the Company from time ta
time are charged at the Sunday contract rate.
ROP Premium Position Cancellation Policy
ROP premium positions (defined as spadeas, douhle trucks and Section A front page stripsj in the print newspaper and Yes! (Sunday
Select} publishing on January 1, February 13, February 15, May 30, September 5, and during No�ember and December will be subject
to a mandatory cancellation fee.
Once Advertiser reserves Puhlication ❑ate(s) for ROP premium position(sy for any af the positions and dates outlined abo�e,
Advertiser cannot cancel or change that date(s) unless Advertiser deli�ers written notice of change or cancellation to the Company
not less than se�en (7) business days prior ta publicatian date ar prior to order boaking deadline. If Ad�ertiser's written notice is not
timely, or if Ad�ertiser otherwise fails to keep the Puhlication Date far such premium positions, then unless the ad�ertising runs as
scheduled Advertiser agrees to pay a cancellation fee equal ta 25% of reserved ad position amount.
Outproof Policy
A proof of your ad is pro�ided free of charge. If rush proof is required, an additional $40.00 will be charged to yaur account, and the
proof will be available within 4 hours of the request. Changes and re�isions to your proof can he made free of charge up to twa (2j
times. A$25.00 charge will he 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 cu rrent at time of
publication.
SIGNATURE
Client Name: Theresa Davis
Maketing Consultant: Kyle Harrington
Manager: Dana Burghdoff
Client Signature: MC Singature: Manager Signature:
��.��� '� �, ,� , , , .�.� �a ����' ��,
Date: Date: Date:
o3/zz/zozi o3/22/2o2i o3/zz/zozi
CSC No. 55444
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 ("City") and
McClatchy ("Vendor) for advertising services ("Agreement"), which is attached hereto for reference
(Contract ID: 0029194-02-23-2021). 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.
L COMPENSATION
The Vendor shall provide the City with a correct and accurate invoice by the 20th day of each
month for all of the completed seroices in the immediately preceding month. Vendor will be paid within
thirty days of receipt of a correct and accurate invoice. Vendor shall not perform any additional services or
bill for expenses incurred for City not specified by this Agreement unless City requests and approves in
writing the additional costs for such seroices. City shall not be liable for any additional expenses of Vendor
not specified by this Agreement unless City first approves such expenses in writing.
This Agreement shall begin on March l, 2021 and shall continue through September 30, 2021.
IL PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendor 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, Vendor certifies that Vendor's signature provides written verification to the Ciry that Vendor: (1)
does not boycott Israel; and (2) will not boycott Israel during the term of the contract.
IIL AUDIT
Vendor agrees that City will have the right to audit the financial and business records of the Vendor
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 Vendor shall make all Records available to City on
200 Texas 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.
IV. INDEMNITY
City shall not be required to indemnify or hold Vendor harmless for any claims, damages, and or
liabiliry of any sort caused by any action taken in connection with the Agreement or Addendum. This shall
also include that the City shall not be required to pay for any attorney's fees, costs, or fees associated with
any claim brought by or against Vendor in connection with this agreement. To the extent the Agreement
requires the City to indemnify, hold harmless, or pay for any attorney's fees or other costs or fees on behalf
of McClatchy, the requirement is expressly rejected and shall no longer be a part of the Agreement.
[signature page follows]
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
:
Date:
���a ���G��la�'
DanaBurghdoff(M r22,20211422CDT)
Dana Burghdoff
Assistant City Manager
03/22/2021
APPROVAL RECOMMENDED:
���� ��
By:
Marilyn Marvin
Assistant Library Director
ATTEST:
By: `�/��� %���
Mary J. Kayser
City Secretary
MCCLATCHY
��
B Kyle rrington (Mar 22, 202111:43 CDT)
Y�
Name: Kyle Harrington
Title: Regional Sales Manager
Date: 03�22�2�21
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
:
�s�� �
Timothy Shidal
Administrative Services Manager
APPROVED AS TO FORM AND LEGALITY:
� �:�JsN�N�'��
By:
Jessika Williams
Assistant City Attorney
Ordinance No. 24161-04-2020
CONTRACT AUTHORIZATION:
M&C: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX