HomeMy WebLinkAboutResolution - 2002-R0100 - Professional Advertising Services Contract - Thomas Agency - 03_14_2002Resolution No. 2002-RO100
March 14, 2002
Item No. 32
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 between the City
of Lubbock and The Thomas Agency, for professional advertising services, and all
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.
vo
Passed by the City Council this day of '2002,
WINDY SITTOO, 9AYOR
ATTEST:
Rebecca Garza
City Secretary
AS TO CONTENT:
Sandy Glao 4-�
Public Inf6rmation Manager
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
Dh/Ccdocs/The Thomas Agency.res
February 28, 2002
Page 2 of 2
(11) a payment under a contract by which a developer participates in the construction of a public improvement
as provided by Subchapter C, Chapter 212,
(12) personal property sold:
(A) at an auction by a state licensed auctioneer;•
(B) at a going out of business sale held in compliance with Subchapter F, Chapter 0, Busine'ss &
Commerce Code;
(C) by a political subdivision of this state, a state -agency of this state, or an entity of the federal
government, or
(D) under an inferlocal contract for cooperative purchasing administered by a regional planning
commission established under Chapter 391;
(13) services performed by blind or severely disabled persons;
(14) goods purchased ti 'a municipality for subsequent retail sale by the'M . cipality; or,
(15)' electricity. ;
3. Factual justification_ for request (Give a. brief s mmary why thins,request f Its within one nor "more of -the
ezoeptions circled in paragraph 2 above.): S/ Jam/ l� 1/1 You holm
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REQUISITION #: REQUISITION AMOUNT: $
Approval must be obtained from the Fleet Services Manager when the purchase includes roTling'stock (e.g:, autos; trucks, off -road
equipment, farm equipment, trailers, utility/service bodies, etc.).
Signature of Fleet Services Manager Date
Approval must be obtained from the Manager of Information Technology when the purchase indudes any computer systems,
computer hardware, computer software, or computer peripherals.
Signature of Manager of Information'Technology Date
RECOMME ED AN ,UBMITTED BY: /
1/y / dZ
Signature Ma aging Director Date
EXEMPTION APPROVED AND AUTHORIZED BY:
Signature of Contract ManagerlAttomey
Signature of Purchasing Manager
Date
Date
PUR-010 (Rev 11101)
Resolution No. 2002-RO100
Page 1 of 2
REQUEST FOR EXEMPTION FROM LOCAL GOUT CODE 252
(For Expenditures Over $3, 000)
Name of Managing Director Submitting Request: l t%
Division; rl�nl�f/l(t;'vrd �o , Department:
Provide a detailed description of item(s) or service(s) exempt from the Texas Local Government Code per
§252.022 and an explanation why the items(s) or service(s) are necessary. Explain what the items are, how
the items will be used, who will use the items, whe and where the items will be used.
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2. Statutory exemption for (Circle one or more if applicable):
(1) a procurement made because of a public calamity that requires the immediate appropriation of money to
relieve the necessity of the municipality's residents or to preserve the property of the municipality, • (In case
of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation;
however, such procurement shall be made with such competition as is practicable under the
circumstances. A written determination of the basis for the emergency and for the selection of the
particular contractor shall be included in the contract file. Attach Emergency Purchase Explanation
Form PUR-075 to this request.)
(2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents,
(Attach Emergency Purchase Explanation Form PUR-075 to this request.)
(3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other
rI roperty;
(4 a procurement for personal or professional services,
(5) a procurement for work that is performed and paid for by the day as work progresses,
(6) a purchase of land or a right-of-way;
(7) a procurement of items that are available from only one source, including, (Attach Sole Source
Justification Form PUR-070. Upon a determination in writing that there is only one source practicably
available for that which is to be procured, a contract may be negotiated and awarded to that source without
competitive sealed bidding or competitive negotiation.)
(A) Items that are available from only one source because of patents, copyrights, secret processes, or
natural monopolies;
(B) Films, manuscripts, or books;
(C) Electricity, gas, water, and other utility services,
(D) Captive replacement parts or components for equipment;
(E) Books, papers, and other library materials for a public library that are available only from the persons
holding exclusive distribution rights to the materials,
(F) Management services provided by a nonprofit organization to a municipal museum, park, zoo, or
other facility to which the organization has provided significant financial or other benefits,
(8) a purchase of rare books, papers, and other library materials for a public library;
(9) paving drainage, street widening, and other public improvements, or related matters, if at least one-third
of the cost is to be paid by or through specia/,assessments levied on property that will benefit from the
improvements,
(10) a public improvement project, authorized by the voters of the municipality, for which there is a deficiency
of funds for completing the project in accordance with the plans and purposes authorized by the voters,
PUR-010 (Rev 11101)
Resolution No. 2002—RO100
March 14, 2002
Item No. 3,2
ADVERTISING AGENCY CONTRACT
STATE OF TEXAS §
COUNTY OF LUB13OCK §
THIS CONTRACT, (the Contract"), effective as March 14, 2002, (the "Effective
Date"), is made by and between the City of Lubbock, (the "City"), a municipal
corporation, and The Thomas Agency, An Advertising and Design Firm, (the
Contractor").
WITNESSETH
WHEREAS, the City of Lubbock desires professional advertising services; and
WHEREAS, The Thomas Agency is qualified and desires to provide advertising
services to the City of Lubbock; and
NOW THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
SECTION I. TERM
The term of this Contract shall be from the Effective Date hereof for one (1) year,
with the option to extend said Contract for two (2) additional one (1) year terms by
mutual written agreement of the parties executed at least thirty (30) days prior to
expiration of the prior term.
SECTION H. COMPENSATION
City shall pay the Contractor an hourly fee of Fifty and no/100 Dollars ($50.00).
In addition, City shall reimburse Contractor for media costs incurred by Contractor. The
Contractor shall forego all media commissions and will pass through all media discounts
to the City.
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 1
SECTION III. TERMINATION
City may terminate this Contract at any time during the above term upon thirty
(30) days notice to Contractor. City shall not be liable to Contractor for costs incurred
after the effective date of termination.
SECTION IV. WARRANTIES AND REPRESENTATIONS
A. Existence. Contractor is a corporation duly organized, validly existing, and in
good standing under the laws of the State of Texas and is qualified to carry on its
business in the State of Texas.
B. Corporate Power. Contractor has the corporate power to enter into and
perform this Contract and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the
activities contemplated hereby have been duly and validly authorized by all the requisite
corporate action on the part of the Contractor. This Contract constitutes legal, valid, and
binding obligations of the Contractor and is enforceable in accordance with the terms
thereof.
D. Contractor. Contractor maintains a professional staff and employs, as needed,
other qualified specialists experienced in providing advertising services, and are familiar
with all laws, rules, and regulations, both state and federal, including, without limitation
the applicable laws, regarding the activities contemplated hereby.
E. Performance. Contractor will and shall conduct all activities contemplated by
this Contract in a good and workmanlike manner, and comply with all laws, rules, and
regulations, both state and federal, relating to advertising services, as contemplated
hereby. If any of the activities of the Contractor, or omissions of the activities required
herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be
deemed that the Contractor did not perform said activities (or omitted the performance of
said activities) in a good and workmanlike manner.
SECTION V. SCOPE OF SERVICE
A. General. Contractor shall provide, on an as needed basis, City with advertising
services. Contractor also shall provide, on an as needed basis, general advertising
services to assist the City with various public campaigns such as police recruiting, traffic
safety, promotional displays, and recycling.
B. Contractor Duties. Contractor shall advise City on which publications the City
should run its advertising in, advise City on the content and design of the advertising,
select the media and place the buy, and handle the billing.
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 2
SECTION VI. INDEPENDENT CONTRACTOR STATUS
Contractor and City agree that Contractor shall perform the duties under this
Contract as an independent contractor. The Contractor has the sole discretion to
determine the manner in which the advertising services are to be performed.
SECTION VII. COMPLIANCE WITH APPLICABLE LAW
Contractor shall comply with all applicable federal, state and local laws, statutes,
ordinances, rules and regulations relating, in any way, manner or form, to the activities
under this Contract, and any amendments thereto.
SECTION VIII. NOTICE
A. General. Whenever notice from Contractor to City or City to Contractor is
required or permitted by this Contract and no other method of notice is provided, such
notice shall be given by (1) actual delivery of the written notice to the other party by
hand, (2) facsimile, or other reasonable means (in which case such notice shall be
effective upon delivery), or (3) by depositing the written notice in the United States mail,
properly addressed to the other party at the address provided in this article, registered or
certified mail, return receipt requested, in which case such notice shall be effective on the
third business day after such notice is so deposited.
B. Contractor's Address. Contractor's address and numbers for the purposes of
notice are:
The Thomas Agency
Attn: Ron Thomas
P.O. Box 53776
Lubbock, Texas 79453
Telephone: (806) 795-6399
Facsimile: (806) 795-7366
are:
C. City's Address. The City's address and numbers for the purposes of notice
City of Lubbock
Attn: Sandy Glass
P. O. Box 2000
1625 13th Street
Lubbock Texas 79457
Telephone: (806) 775-3268
Facsimile: (806) 775-3258
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 3
B. Change of Address. Either party may change its address or numbers for
purposes of notice by giving written notice to the other party, referring specifically to this
Contract, and setting forth such new address or numbers. The address or numbers shall
become effective on the 15th day after such notice is effective.
SECTION IX. MISCELLANEOUS
A. Captions. The captions to the sections in this Contract are inserted in this
Contract strictly for the parties' convenience in identifying the provisions to this Contract
and shall not be given any effect when construing this Contract.
B. Records. Contractor shall maintain records that are necessary to substantiate
the services provided by the Contractor.
C. Audit. Contractor shall provide access to its corporate books and records to the
City. The City may audit, at its expense and during normal business hours, Contractor's
books and records with respect to this Contract between the Contractor and City.
D. Assignability. Contractor may not assign this Contract without the prior
written approval of the City. This Contract binds and inures to the benefit of the City,
Contractor, and their respective successors, legal representatives, and assigns.
E. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS bF THE STATE OF
TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE
EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF
TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL
PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE
ACTIONS CONTEMPLATED HEREBY.
F. Severability. If any provision of this Contract is ever held to be invalid or
ineffective by any court of competent jurisdiction with respect to any person or
circumstances, the remainder of this Contract and the application of such provision to
persons and/or circumstances other than those with respect to which it is held invalid or
ineffective shall not be affected thereby.
G. Amendment. No amendment, modification, or alteration of the terms of this
Contract shall be binding unless such amendment, modification, or alteration is in
writing, dated subsequent to this Contract, and duly executed by the Contractor and City.
H. Entire Agreement. This Contract hereto contains the Entire Contract between
the City and Contractor, and there are no other written or oral promises, conditions,
warranties, or representations relating to or affecting the matters contemplated herein.
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 4
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK:
WINDY SITTON, MAYOR
ATTEST:
Re ecca Garza
City Secretary
APPROVED AS TO CONTENT:
Sandy GlIss " L
Public Information Manager
APPROVED AS TO FORM:
*�-- "�-' /v4-,
William de Haas
Contract Manager/Attorney
THE THOMAS AGENCY
By: (i(
Title:
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 5