HomeMy WebLinkAboutResolution - 4931 - Contract-The Price Communications Group-Citibus Services - 08_24_1995Resolution No. 4931
August 24, 1995
Item #23
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a contract with The Price Communications
Group to perform marketing services for Citibus, attached hereto, and which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall constitute and be
a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this
[:NOMW
4td,- Ak
Betty A Johnson, ity Secretary
APPROVED AS TO
irst Assistant -City Manager
APPROVED AS TO FORM:
azold Willard, Assistant City Attorney
HW:dp\ccdocs\price.res
July 25, 1995
Resolution No. 4931
CONTRACT BETWEEN
THE CITY OF LUBBOCK
AND
THE PRICE COMMUNICATIONS GROUP
This contract is made, entered into and executed between the City of Lubbock, having offices
located at 1625 13th Street, Lubbock, Texas 79401 (hereinafter called the City) and The Price
Communications Group, having offices at Number 14, Briercroft Office Park, Lubbock, Texas
79452 (hereinafter called the Contractor).
WHEREAS, the City desires the Contractor to perform work and services related to the Citibus
marketing campaign and the Contractor is able and willing to provide such work and services;
NOW, THEREFORE, in consideration of the payments hereinafter agreed to be made, the
mutual promises and covenants herein contained, and other good and valuable consideration, the
parties hereto agree as follows:
I. SCOPE OF WORK
The Contractor, as an independent agent and not as an agent of the City, shall furnish
personnel and facilities to perform the work and services as listed:
A. Determine the best and most appropriate marketing strategy for Citibus, working
in conjunction with Citibus staff for each fiscal year.
B. Prepare and present a detailed written marketing plan for each fiscal year by
September 15, prior to the beginning of the fiscal year, to be approved by Citibus.
C. Conduct a Texas Tech University ridership campaign at the beginning of each
semester to introduce the campus system to the students.
D. Introduce route changes to the public.
E. Build public sentiment that public transportation is good for the City of Lubbock.
F. Prepare interior bus and shelter signage for general information campaigns.
G. Design a senior citizen brochure to introduce and educate senior citizens to the
advantages of riding the bus.
H. Design bookcovers for the "Adopt -A -School' program sponsored by Citibus.
I. Conduct a general ridership campaign at the beginning of each school year, to
influence the public to ride the bus.
Contract between the City of Lubbock and
The Price Communications Group
Page 2
I Contract for the placement of all required and approved advertisements with
appropriate media.
K. Prepare and provide all production work necessary for such advertisements.
L. Provide a detailed and itemized account of your services in writing to Citibus at
the end of each month during the term of this agreement.
M. Obtain written approval of all work from the Citibus staff member designated by
the Citibus General Manager.
II. CONTRACT PERIOD
The initial contract period shall commence upon receipt of a notice to proceed from the
City's Director of Transportation and shall terminate on September 30, 1998, unless
otherwise terminated or modified as hereinafter provided.
III. CONTRACT PRICE
In consideration of the services performed, the City shall pay the Contractor a fee not to
exceed $70,000 for fiscal year 1996. The contract price for following years will be
determined during the City's budget process prior to each fiscal year.
All payments made will be made on the basis of reimbursement of actual costs incurred
and the agency fee, not to exceed the limits as stated above.
IV. TERNIINATION
A. The Director of Transportation of the City or his designated representative may,
by written notice to the Contractor, terminate this contract in whole or part at any
time, either for the City's convenience or because of the failure of the Contractor
to fulfill its contractual obligations. Upon receipt of such notice, the Contractor
shall immediately discontinue all services provided for herein (unless the notice
directs otherwise).
B. If the termination is for the convenience of the City, the City shall pay the
Contractor the allowable costs incurred prior to the termination.
Contract between the City of Lubbock and
The Price Communications Group
Page 3
C. If the termination is due to the failure of the Contractor to fulfill its contractual
obligations, the City may take over the work and prosecute the same to
completion by contract or otherwise. In such case, the Contractor shall be liable
to the City for any reasonable costs or damages incurred by the City.
D. The rights and remedies of the parties provided in this section are in addition to
any other rights and remedies provided by law or under this contract.
V. INDEMNIFICATION
Contractor agrees to defend, indemnify, and hold harmless the City, its agents,
employees, and officers against any and all damages, claims, liabilities, costs, suits and
expenses, arising out of any negligent acts, errors or omissions of the Contractor, its
agents, or employees arising from or connected with the Contractor's operations or
services provided hereunder, including Workers' Compensation suits, liability, or expense
arising from or connected with services rendered by any person pursuant to this contract.
The Contractor's duty to indemnify, defend, and save harmless the City shall survive the
expiration or other termination of this contract.
VI. COMPLIANCE WITH LAW
The Contractor shall comply with all federal, Texas, and local laws, ordinances, rules,
and regulations applicable to any of the work involved in this contract. If federal laws,
rules, or regulations are amended or modified after this agreement is executed, Contractor
shall comply with such laws, rules, or regulations as amended or modified and this
agreement shall automatically be revised to conform with such amendments or
modifications as necessary.
VII. ASSIGNMENT AND DELEGATION
Contractor shall not assign its rights or delegate its duties under this contract, either in
whole or in part, without the prior written consent of the City's Director of
Transportation, and any unapproved assignment or delegation shall be null and void.
Any payments by the City to any delegate or assignee in any claim under this contract, in
consequence of any such consent, shall be subject to offset, recoupment, or other
reduction for any claim which the City may have against the Contractor.
Contract between the City of Lubbock and
The Price Communications Group
Page 4
VIII. INDEPENDENT CONTRACTOR STATUS
This contract is by and between the City and the Contractor and is not intended, and shall
not be construed, to create the relationship of agent, servant, employee, partnership, joint
venture, or association, as between the City and the Contractor. The employees and
agents of one party shall not be construed to be the employees or agents of the other party
for any purpose whatsoever.
The Contractor shall be solely liable to and responsible for providing all compensation
and benefits to those persons performing work under this agreement. The City shall have
no liability or responsibility for the payment of any salaries, wages, unemployment
benefits, disability benefits, federal, state, or local taxes, or other compensation, benefits,
or taxes for any personnel provided by or on behalf of the Contractor.
The Contractor understands and agrees that all persons performing work pursuant to this
contract are, for purposes of Workers' Compensation liability, the sole employees of the
Contractor and not employees of the City.
No performance of this contract, or any portion thereof, except that specified in the
Contractor's proposal, shall be subcontracted by the Contractor without the prior written
consent of the City's Director of Transportation. Any attempt by the Contractor to
subcontract any performance, obligation, or responsibility under this contract, without the
prior written consent of the Director of Transportation, shall be null and void and shall
constitute a material breach of this contract.
X. LABOR PROVISIONS - NONCONSTRUCTION CONTRACTS
A. Overtime Requirements: No contractor or subcontractor contracting for any part
of the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any work week
in which he or she is employed on such work to work in excess of forty hours in
such work week unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such work week.
B. Violation, Liability for Unpaid Wages, Liquidated Damages: In the event of any
violation of the clause set forth in paragraph (bXl) of 29 CFR Section 5.5, the
Contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such Contractor and subcontractor shall be liable to
Contract between the City of Lubbock and
The Price Communications Group
Page 5
the United Sates (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph (b)(1) of 29 CFR Section 5.5 in the
sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph
(b)(1) of 29 CFR Section 5.5.
C. Withholding for Unpaid Wages and Liquidated Damages: The United States
Department of Transportation (hereinafter referred to as DOT) shall upon its own
action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any monies payable on account
of work performed by the Contractor or subcontractor under this contract or any
other federal contract with the Contractor, or any other federally -assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by
the Contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in subparagraph (b)(2) of 29 CFR
Section 5.5.
D. Nonconstruction Grants: The Contractor or subcontractor shall maintain payrolls
and basic payroll records during the course of the work and shall preserve them
for a period of three years from the completion of the contract for all laborers and
mechanics, including guards and watchmen, working on the contract. Such
records shall contain the name and address of each such employee, social security
number, correct classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages paid. The records to
be maintained under this paragraph shall be made available by the Contractor or
subcontractor for inspection, copying, or transcription by authorized
representatives of the FTA or DOT, and the Contractor or subcontractor will
permit such representatives to interview employees during working hours on the
job.
E. Subcontracts: The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (b)(1) through (4) of 29 CFR Section 5.5 and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(b)(1) through (4) of 29 CFR Section 5.5.
Contract between the City of Lubbock and
The Price Communications Group
Page 6
• • I' • •"•' • • I Il•
During the performance of this contract, the Contractor agrees as follows:
A. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
Contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to,
the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection of training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
B. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or
national origin.
C. The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice advising the labor union or worker's representative of the Contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
D. The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, as amended by Executive Order No. 11375, and with the
rules, regulations, and relevant orders of the Secretary of Labor.
E. The Contractor will furnish all information and reports required by Executive
Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders
of the Secretary of Labor, or pursuant thereto, and will permit access to its books,
records, and accounts by the Federal Transit Administration (hereinafter referred
to as FTA) and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
Contract between the City of Lubbock and
The Price Communications Group
Page 7
F. In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may
be cancelled, terminated, or suspended in whole or in part and the Contractor may
be declared ineligible for further government contracts in accordance with
procedures authorized in Executive Order No. 11246 of September 24, 1965, as
amended by Executive Order No. 11375, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
G. The Contractor will include the provisions of subsections A through G of this
Section in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order No. 11246 of September 24, 1965, as amended by Executive
Order No. 11375, so that such provisions will be binding upon each subcontractor
or vendor. The Contractor will take such action with respect to any subcontractor
or purchase order as the FTA may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the
Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the FTA, the Contractor
may request the United States to enter into such litigation to protect the interests
of the United States.
XII. DISADVANTAGED BUSINESS ENTERPRISE
Contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The requirements of 49 CFR Part 23 and the City's U.S.
DOT -approved Disadvantaged Business Enterprise Program are incorporated in this
contract by reference. Failure by the Contractor to carry out these requirements is a
material breach of the contract, which may result in the termination of this contract or
such other remedy as the City deems appropriate.
XM. TITLE VI CIVIL RIGHTS ACT OF 1964
During the performance of this contract, the Contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "Contractor"), agrees as follows:
A. Compliance with Regulations: The Contractor shall comply with the regulations
relative to nondiscrimination in federally -assisted programs of the DOT, Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to time
Contract between the City of Lubbock and
The Price Communications Group
Page 8
(hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this contract.
B. Nondiscrimination: The Contractor, with regard to the work performed by it
during the Contract, shall not discriminate on the grounds of race, religion, color,
sex, age, or national origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. The Contractor shall
not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the
contract covers a program set forth in Appendix B of the Regulations.
C. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the Contractor for work to be performed under a subcontract, including
procurement of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the Contractor of the Contractor's obligations under
this contract and the Regulations relative to nondiscrimination on the grounds of
race, religion, color, sex, age, or national origin.
D. Information and Reports: The Contractor shall provide all information and
reports required by the Regulations or directives issued pursuant thereto, and shall
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the recipient or the FTA to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any
information required of a Contractor is in the exclusive possession of another who
fails or refuses to furnish this information, the Contractor shall so certify to the
City, or the FTA, as appropriate, and shall set forth what efforts it has made to
obtain the information.
E. Sanctions for Noncompliance: In the event of the Contractor's noncompliance
with the nondiscrimination provisions of this contract, the recipient shall impose
such contract sanctions as it or the FTA may determine to be appropriate,
including, but not limited to:
1. Withholding of payments to the Contractor under the contract until the
Contractor complies, and/or
2. Cancellation, termination or suspension of the contract, in whole or in
part.
Contract between the City of Lubbock and
The Price Communications Group
Page 9
F. Incorporation of Provisions: The Contractor shall include the provisions of
subsections A through F of this Section in every subcontract, including
procurement of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The Contractor shall take such
action with respect to any subcontract or procurement as the recipient or the FTA
may direct as a means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that, in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a
result of such direction, the Contractor may request the City to enter into such
litigation to protect the interest of the City, and, in addition, the Contractor may
request the services of the Attorney General in such litigation to protect the
interest of the United States.
XIV. INTEREST OF MEMBERS OR OR DELEGATES TO, CONGRESS
In accordance with 18 U.S.C. Section 431, no member of, or delegates to, the Congress
of the United States shall be admitted to any share or part of this contract or to any
benefit arising therefrom.
Contract between the City of Lubbock and
The Price Communications Group
Page 10
Executed this 24thday of August 1995.
IN WITNESS WHEREOF, the parties have caused this contract to be executed by duly
authorized representatives, as follows:
THE PRICE COMMUNICATIONS
GRO
r`
4 c�
Phil Pnce, President
ATTEST:
ATTEST:
�&t� �k ��aL
B tty M. Johnson, City Secretary
o • - •
First Assistant City Manager
APPROVED AS TO FORM:
arold Willard, Assistant City Attorney
Lower Tier Participant Debarment Certification
(Negotiated Contracts)
Phil Price , being duly sworn
lanaen name of cerubtang officiall
or under penalty of perjury under the laws of the United States, certifies that
neither The Price Communications Group nor its
Unsert name of lower uer parucipanu
principals are presently:
e debarred, suspended, proposed for debarment,
e declared ineligible,
e or voluntarily excluded from participation in this transaction
by any Federal department or agency
There the above identified lower tier participant is unable to certify to any of the
above statements in this certification, such prospective participant shall indicate
below to whom the exception applies, the initiating agency, and dates of action.
Exceptions will not necessarily result in denial of award, but will be considered in
determining contractor responsibility. Providing false information may result in
criminal prosecution or administrative sanctions.
EXCEPTIONS:
c
signat r f Certifying Official
Title
Date of certiGuuon
See Reverse for Information
Form I i 3a
Rev, 4-89