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Home My WebLink AboutPR 18565: AUTHORIZING THE EDC TO ADVERTISE IN THE 2014 WINTWE DAVOS ISSUE OF EUROPEAN CEO MAGAZINE interoffice MEMORANDUM To : Mayor, City Council, and City Manager t41 C From: Valecia R. Tizeno, City Attorney Date: September 15, 2014 Subject: P. R. No. 18565; September 16, 2014 Council Meeting Please find attached PR 18565 authorizing the PAEDC to advertise in the 2014 Winter Edition of European CEO Magazine. Please note that the agreement is governed by the laws of England and all parties shall submit to the exclusive jurisdiction of the courts of England. It is our policy to request that all contracts be governed under Texas law. Interoffice MEMORANDUM To: Mayor, City Council, Acting City Manager From: Floyd Batiste, CEO Date: Septemebr 10, 2014 Subject: P. R. No. 18565; Council Meeting on Septemebr 16, 2014 A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ADVERTISE IN THE 2014 WINTER DAVOS ISSUE OF EUROPEAN CEO MAGAZINE IN THE AMOUNT OF $8577.00 +4 P.R. N.O. 18565 09/10/14 RM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ADVERTISE IN THE 2014 WINTER DAVOS ISSUE OF EUROPEAN CEO MAGAZINE IN THE NOT-TO-EXCEED AMOUNT OF $8577.00. EDC ACCOUNT NO. 120-1429-582.59-06 WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation (the "PAEDC") requests to market and advertise Port Arthur as a place to do business on a global market level, highlight economic incentives and promote incentives nationwide so that companies will relocate to Port Arthur; and WHEREAS, European CEO is a leading subscription-based print and online publication, delivered quarterly to c-suite executives in 28 countries throughout Europe; and WHEREAS, at the regular Board meeting on September 9, 2014, the PAEDC Board of Directors voted to advertise in the 2014 Winter DAVOS issue of European CEO Magazine to help promote and develop Port Arthur; and WHEREAS, the print edition of the magazine enjoys a readership of over 54,000 senior executives; and WHEREAS, the City of Port Arthur authorizes PAEDC to advertise Port Arthur in the 2014 Winter DAVOS issue of European CEO Magazine at a cost not to exceed $8,577.00, and to execute the confirmation of order attached hereto as Exhibit"A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council approves PAEDC advertising in the 2014 Winter DAVOS issue of European CEO Magazine in the amount of $8,577.00, and to execute the confirmation of order attached hereto as Exhibit"A". Section 3. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2014, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers • NOES: Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED: Floyd Batiste, PAE C CEO #1109296 Page 2 APPROVED AS TO FORM: V1, Guy N. Goodson, PAE 1 C Attorney APPROVED AS TO FORM: Valecia R. Tizeno, City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: (5--h a01—LJ Deborah Echols, Director of Finaice #1109296 Page 3 EXHIBIT "A" #1109296 Page 4 E uRop E A N ,, „tea 40 Compton Street, London, EC1V OBD, UK Telephone: +44(0) 20 7014 0330 Fax: +44(0) 20 7014 0301 CONFIRMATION OF ORDER - To:Ranoda McLain-Lee At: Port Arthur Economic Development Corp. From: Dawn Hall Description:Two pages to be used for advert and/or editorial Issue:Winter 2014(Dec—Jan—Feb) Copy Deadline:October 10th 2014 Cost: USD$8,577 net(Payable against publication of the Winter issue) Plus free of charge: Full page advert and one page editorial in the Spring 2015 issue. Also includes full reproduction at www.europeanceo.com for the three months of the relevant issue with hyper-links direct to your website, if supplied. Orders are accepted subject to the following terms & conditions 1.The placing of your order constitutes a binding contract end financial commitment and will be 11.The publisher cannot accept responsibility for any errors that appear lathe buyer's final submitted deemed to have been made at the offices of the publisher.This agreement shall be governed by materials.Where the buyer does not supply materials to the publisher's specification.costs incurred the laws of England and all parties shall submit to the exclusive jurisdiction of the courts of England. by the publisher for the production of artwork or any other materials will be the responsibility of the buyer. 2.The buyer warrants that any advertisement complies with the British Code of Advertising Practice and does not contravene any of the previous terms&conditions of the Trade Descriptions Act 1988. 12.a)No cancellations will be accepted. b)Without prejudice to a)above the publisher may,at its absolute discretion,accept cancellations in 3.The buyer warrants that any information given in video or editorial interviews complies with the writing received prior la the production stage.If a cancellation is accepted by the publisher,a fee wit Communications Act 2003 and the Copyright.Designs and Patents Act 1888. be payable equivalent to 50%of the full price of the order which shat become due 7 working days from the date of posting of the publisher's acceptance.+ 4.The publisher reserves the right to reject or emend advertisements or other materials supplied c)If arty cancellation fee Is not paid as provided for herein.without prejudice to the rights of the by the buyer,and to change dates of publication or broadcast at its absolute discretion.without publisher hereby granted to receive the said cancellation fee,the publisher reserves the right to application to the buyer. pursue the buyer for the full price of the booking. 5.The publisher wit not be liable for any tans or damage consequential to or otherwise occasioned 13.Credit accounts are strictly net and must be settled an publication,unless otherwise agreed by error,tale publication or the failure of copy or video to appear from any cause whatsoever. in writing.Fees exclude any local taxes,including withholding taxes.My local taxes arising from invoices Issued shalt be the sole responsibility of the buyer.Where withholding taxes are due,the 0.The buyer will indemnify the publisher against any damage and/or loss and/or expense which the fees will be grossed up so that net payment received by the publisher is equal to the amount stated publisher may Incur as direct or Indirect consequence of the buyer's announcement above. 7.The buyer Is responsible for supplying all text,illustrations and any required contact details.The 14.In no circumstances does the placing of an order confer upon the buyer the right to renew on publisher cannot accept responsibility for any losses arising from failure to do so. similar terms. 8.Copy must be supplied without application from the publisher.In the event of copy instructions 15.These terms&conditions constitute the entire agreement between the buyer and the publisher not being received the publisher reserves the right to repeat standing copy or to design from any and supersede all prior agreements,arrangements.understandings and representations(whether relevant material,brochures,literature etc,at the publisher's absolute discretion. oral,written or otherwise).Each party acknowledges that it has not relied on any representation made by the other party unless such representation is expressly included herein,and the buyer 9.In the case of video Interviews,the buyer must conform to the publisher's timetable and warrants that no employee of the publisher has made any promise or undertaking to the buyer not requirements and ensure appropriate attendance and preparation for the agreed interview date. Included In this agreement.Printed teens&conditions on any additional documents issued by the Failure to do so wilt not affect the advertiser's liability for the total price of the order. buyer or his agent will not be recognised as binding.Special conditions must be subject to mutual agreement. 10.Copyright of all editorial,graphical and video materials produced remains with the publisher,A licence louse the materials is granted to the buyer as part of this agreement Use is strictly subject to 10.The placing of your order is deemed to be an acceptance of all the above conditions and shall the publisher's terms of use available at IUtpa/vrimediagroup.net(Media_Terms—of Use.html be an express term of any contract. Kindly sign and return to me, as agreed, on fax number+44 (0) 207 014 0301 Signature Position Print Name Company