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HomeMy WebLinkAboutResolution - 4886 - Agreement - HMC Inc - Marketing Services - 07/13/1995Resolution No. 4886 July 13, 1995 Item #20 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 an Agreement for Marketing Services by and between the City of Lubbock and Holland, Merriman and Christian, Inc., attached hereto, 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 ATTEST: & - - " � '- c: " P� Betty A Johnson, tity Secretary APPROVED AS TO CONTENT: C] it Mar axle, Aviation Manager APPROVED AS TO FORM: h4old Willard, Assistant City Attorney HW:da ccdocs/a-hmcinc.res June 19, 1995 Resolution No. 4886 July 13, 1995 Item 420 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK AGREEMENT FOR MARKETING SERVICES TRIS AGREEMENT is made and entered into this ./ day of e";; , , 1995, by and between the CITY OF LUBBOCK, TEXAS, a hopZ rule municipality, hereinafter referred to as the "City," and HOLLAND, MERRIMAN AND CHRISTIAN, INC., of 5214 68th Street, Suite 306, Lubbock, Texas, hereinafter referred to as the "Contractor." WHEREAS, the City owns and operates the Lubbock International Airport, hereinafter referred to as the "Airport;" and WHEREAS, the Airport maintains a parking lot facility in close proximity to the Terminal Building; and WHEREAS, new state-of-the-art equipment will soon be installed in the parking lot facility which will make it a more automated parking system; and WHEREAS, the City desires to develop and implement a promotional campaign which will announce and draw the public's attention to the new equipment and begin educating the public on how to use the equipment once installation is complete; and WHEREAS, Contractor is a qualified and experienced company engaged in the business of marketing and advertising and which has the capability of developing a marketing and advertising campaign designed to accomplish the City objectives; and WHEREAS, the Airport Board of the City of Lubbock has approved and recommends this Agreement for the term hereinafter designated; and WHEREAS, the City Council of the City of Lubbock accepts the recommendation of the Airport Board and finds execution of this Agreement will properly serve the public interest of the citizens of Lubbock; NOW THEREFORE: WITNESSETH: For and in consideration of the terms, covenants and conditions contained herein, City and Contractor agree as follows: I. Contractor will provide marketing and advertising services for the City designed to promote and educate the public on the use of the Airport's automated parking system in accordance with the specifications and methodology outlined in Contractor's Proposal to RFP #13199, as modified by Exhibit A attached hereto and incorporated herein as part of this Agreement. Such services will be conducted in a professional and workmanlike manner consistent with customary industry practices for these types of services. II. In consideration for providing the marketing and advertising services outlined in Exhibit A, City agrees to pay Contractor the maximum sum of FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000). Contractor shall send the City's Aviation Manager itemized invoices monthly which indicate the amount of work completed and delivered to him. All such properly submitted invoices will be paid within thirty (30) days unless the Aviation Manager notifies the Contractor in writing of any amounts he believes have been improperly billed to the City. The term of this Agreement shall be two (2) months commencing on the 13th day of July , 1995, and ending on the 13th day of September , 1995, and Contractor agrees to complete all of the services described in Exhibit A during this term. IV. Contractor will be solely responsible for the accuracy of the work performed and shall perform such work without unnecessarily interfering with Airport operations. V. Contractor shall be solely responsible for any travel and other expenses it incurs in performing this Agreement and City shall have no responsibility or obligation to reimburse Contractor for the same. Contractor shall also provide at its own expense all supplies necessary to perform the services and create the products described in Exhibit A. VI. All materials, art work, advertising copy, logos, signs and displays of whatsoever kind which Contractor creates in performing this Agreement shall become and remain the property of the City and may be subsequently utilized or disposed of as the City chooses. AGREEMENT FOR MARKETING SERVICES --- Page 2 HOLLAND, MERRIMAN, AND CHRISTIAN, INC. VII. Contractor is and, at all times during the performance of this Agreement, shall remain an independent contractor, with full, complete and exclusive power and authority to direct, supervise and control its own employees, and any rights the City may have hereunder are not intended and shall not at any time change or affect the company's status as an independent contractor. VIII. The Contractor will indemnify, save harmless and exempt the City, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees incident to any work done in the performance of this Contract arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants or employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants or employees, or third parties. IX. Contractor shall not assign all or any portion of this Agreement and shall not subcontract any of the work described herein without the written permission of the Aviation Manager of City. This Agreement is made and shall be construed in accordance with the laws of the State of Texas. AGREEMENT FOR MARKETING SERVICES --- Page 3 HOLLAND, MERRIMAN, AND CHRISTIAN, INC. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. lu I_y'[eJ:� ATTEST: "A C:�( Betty A Johnson, tity Secretary APPROVED AS TO CONTENT: Mar arle, Aviation Manager APPROVED AS TO FORM: Harold Willard, Assistant City Attorney HW:da cityatt\a-hmcinc.doc June 19, 1995 AGREEMENT FOR MARKETING SERVICES --- HOLLAND, MERRIMAN, AND CHRISTIAN, INC. HOLLAND, MERRIMAN AND CHRISTIAN, INC. BY:a " JSUAN, P E T ATTEST: Page 4 Exhibit A HOLLAND MERRIMAN AND CHRISTIAN, INC. • AN ADVERTISING AND MARKETING COMPANY Lubbock International Airport Agency Services and Creative/Production Estimates Overall Campaign Creative Services Campaign Concept Development Copywriting 111112 X11 1I 11 11 Subtotal - $2,500.00 Individual Projects Logo Design/Layout/Typography/Production 500.00 for use on the pay card (production of card is responsibility of client, unless otherwise negotiated) and other materials created by HM&C Advertising 1 panel/2 color - Brochure Design/Layout/Typography/Production 500.00 Printing (quantity - 100,000) 5,500.00 POP/Display Signage Design/L.ayout/Typography/Production 1,500.00 Printing 4,500.00 using figure at right, need one large Pay -On -Foot display and hanging signs for the airport T -Shirts Printing (quantity - 50) 500.00 Subtotal 12,500.00 Overall Campaign Creative Services Subtotal 2,500.00 Individual Projects Subtotal 12,500.00 GRAND TOTAL $15,000.00 The total represents the production of the materials proposed in this packet. Substantial changes (i.e., changes in quantity, *considerable changes in layout and design, and/or changes in the concept of the project) will affect the total and will not be made without prior approval of the client.