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HomeMy WebLinkAboutResolution - 2010-R0251 - Professional Services Contract W/The Thomas Agency For Advertising/Marketing - 05/27/2010Resolution No. 2010-RO251 May 27, 2010 Item No. 5.2 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, Professional Services Contract No. 9551 for advertising and marketing services per RFP 10 -047 -FO, by and between the City of Lubbock and The Thomas Agency of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 27, 2010 �� AZI-10�1, TOM�M MARTIN, MAYOR ATTEST: ebe a Garza, City Secretary IAPPROVED AS TO CONTENT: Victor Kilmar , Director of Purchasing and Contract Management TO FORM: Weaver, Assistant City Attorney vwxcdocs/RESTSC-Thomas Agency pri1 29, 2010 Resolution No. 2010-R0251 SERVICES AGREEMENT This Services Agreement (this "Agreement") is entered into as of the 27TH day of May, 2010 ("Effective Date") by and between The Thomas Agency of Lubbock, Texas (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals (RFP 10 -047 -FO) for Advertising and Marketing Services. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide advertising and marketing services upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Scope of Services 3. Exhibit A - Schedule of Rates 4. Exhibit B - Insurance Requirements Article 1 Services. 1.1 Contractor agrees to perform services for the City that are specified under the Scope of Services. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. 1.3 Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other ply. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. City of Lubbock, Texas Tom Martin, Mayor TEST: Reb cca Garza, City Secretary \/Orvl Victor Kilman, Wrector of Purchasing and Contract Management APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney The Thomas Agency B: Y N : Ll d Caballero Tile: Vice President Resolution No. 2010-RO251 SCOPE OF WORK The City of Lubbock, hereinafter referred to as "the City", is soliciting proposals for the services of a full-service advertising/marketing agency to assist with a variety of media campaigns, print publications, promotional items and video presentations for various City departments. The Offeror will advise on content and design of material; prepare the advertising/marketing product; select the appropriate media for advertising; place the buy; and handle the billing. The City will pay the Offeror its hourly rate for these services and will reimburse the offeror the invoiced amount for media buys. Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services. The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. The main priority, goal, and objective for the various City departments would be to get the message across for a specific event/program. Specific priorities though will vary by department and by event/program. Video work could include anything from a 30 -second PSA/Promo to a 30 -minute or longer informational video. The video work could also include animation. Completed projects could be needed in a variety of media, including DVD and Beta formats. The offerors will be required to furnish the following with their proposals: A. Hourly fee for agency services. B. Name of the account executive who will handle the account. C. Commission percentages on all placed media, printing and production. D. Please include any languages, if any that your company can translate: programs, brochures, etc. into, and how much the translation services cost. E. Each Offeror must complete, and submit with their proposal, their pricing schedule attached hereto as Exhibit "A". F. Proposed method for handling billing with the City of Lubbock. G. Offeror's demonstrated ability with effective advertising, print publications and video production. See evaluation criteria. H. One original and four copies of proposal, clipped on or in notebook. TERM OF CONTRACT 2.1 The period of this contract shall be for one year contingent upon City Council approval. This contract may be renewed at the expiration of its term by agreement of both parties. Such renewal may be for (4) four additional one-year periods, if agreeable to all parties for a total contract length of five years. 2.2 Notice of Intent to renew will be given to the Offeror in writing by the City Purchasing Manager, normally 60 days before the expiration date of the current contract. (This notice will not be deemed to commit the City to a contract renewal.) 2.3 It should be noted that multiyear contracts may be continued each fiscal year only after funding appropriations and program approval have been granted by the City of Lubbock City Council. In the event that the City of Lubbock City Council does not grant necessary funding appropriation/program approval, then the affected multiyear contract becomes null and void effective October 1 of the fiscal year for which such approvals have been denied. 2.4 This contract shall remain in effect until the expiration date, performance of services ordered, or termination of either party with a sixty (60) day written notice by either party prior to any cancellation. Such written notice must state the reason for cancellation. Resolution No. 2010-RO251 City of Lubbock, Texas Advertising and Marketing Services RFP 10 -047 -FO SCHEDULE OF RATES EXHIBIT A DESCRIPTION HOURLY RATE Design $50 Shooting and editing $50 Web design services $50 Public relations planning & coordination $50 Creative and copywriting $50 Translation services (print & electronic) $25 In house translation services are for English to Spanish. Other languages will have to be outsourced on a per estimate basis. COMMISSIONS % Media (Examples: local television, cable & radio) 15% Printing & production (Examples: newspaper, magazine & 15 % brochures) LIST ANY OTHER HOURLY RATES OR COMMISIONS IN THE SPACE PROVIDED BELOW Billing of promotional items ordered by City and passed 3% administrative fee on through agency total of invoice Photography $50/ hr. CD $5 ea. DVD $10 ea. Beta Dub $40 ea. Color Prints: - Letter $5 ea. - Legal $8 ea. - Tabloid $15 ea. - 20 x 30 $30 ea. Mounting Materials: - Letramax/matte board Letter $3 ea. - Letramax/matte board Legal $5 ea. - Letramx/matte board Tabloid $10 ea. - Letramax/matte board 20 x 30 $17 ea. - Foam Core Letter $2 ea. - Foam Core Legal $3 ea. - Foam Core Tabloid $5 ea. - Foam Core 20 x 30 $9 ea. Jingles — Lyrics, music composition, recording, sweetening, $50/ hr. mix and final All invoices must be itemized, showing the hourly breakdown and commission percentages. Resolution No. 2010-RO251 City of Lubbock, Texas Advertising and Marketing Services RFP 10 -047 -FO INSURANCE REOUIREMENTS EXHIBIT B SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate, along with a copy of the additional insured endorsement, to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE AMOUNT 1. Worker's Compensation The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract." The contractor may maintain Occupational Medical and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. Professional Liability $ 1,000,000 (Combined Single Limit) The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's to include Products and Completed Operations. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room L04 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability.