HomeMy WebLinkAboutContract 39300PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT 1, Agreement") is made and entered into by
and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in
portions of Tarrant, Denton and Wise Counties, Texas, acting by and through Karen L. Montgomery, its
duly authorized Assistant City Manager, and THE FOWLER GROUP, INC. ("Consultant"), a Texas
Corporation and acting by and through Tom Fowler, its duly authorized president and CEO.
The Contract Documents shall include:
1) This Agreement plus all attachments listed below, which are attached hereto and incorporated herein
for all purposes incident to this Agreement:
a) Exhibit A —Statement of Work
b) Exhibit B — Payment Schedule
c) Exhibit C — Letter of Intent
2) City of Fort Worth Request for Proposals ("RFP") No. 08-0222, which is incorporated herein by
reference for all purposes incident to the Agreement;
3) The Fowler Group, Inc. response to that proposal ("Response") dated December 11, 2008, which is
incorporated herein by reference for all purposes incident to this Agreement;
In the event of a conflict between the contract documents, the order of precedence is as follows: (i) this
Agreement plus all attachments (ii) RFP No. 08-0222 (iii) the Response.
1. SCOPE OF SERVICES.
1.1 Consultant's Services.
Consultant hereby agrees to provide the City with professional consulting services for
the purpose of Marketing, Design, and Development of KNOWHAT2D0 Public Education
Campaign. Attached hereto and incorporated for all purposes incident to this Agreement is
Exhibit "A," Statement of Work, more specifically describing the services to be provided
hereunder. The Statement of Work is incorporated by this reference into this Agreement. To the
extent the Statement of Work conflicts with this Agreement, this Agreement will prevail. The
term Consultant shall include employees, directors, officers, employees, agents or
representatives.
1.2 Work Product.
All work produced by Consultant under this Agreement (collectively the "Work
Product") will be considered the works for hire and will be the sole and exclusive property of
the City. In the event that the Work Product is not copyrightable subject matter or is for any
reason not deemed to be works for hire, Consultant hereby assigns all right, title and interest in
the Work Product to the City and will execute any documents required to evidence such
assignment. Without limiting the foregoing, Consultant understands and agrees that Consultant
will not retain any ownership rights whatsoever in or to the Work Product. Consultant hereby
warrants and represents that the Work Product will be original work and will not infringe upon or
violate rights of any person or entity, including, without limitation, any copyrights, trademarks or
rights of privacy or publicity. This provision shall survive the termination or expiration of this _
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This Agreement shall commence upon the last date that both the City and Consultant have
executed this Agreement ("Effective Date") and shall continue in full force and effect for one year
following the effective date, unless terminated earlier in accordance with the provisions of this Agreement.
The City shall have four options to renew this Agreement for one year. The City shall provide Consultant
with sixty (60) days written notice of its intent to renew.
3. COMPENSATION.
The City shall pay Consultant an amount not to exceed $300,000.00 in accordance with the
provisions of this Agreement and the Payment Schedule attached as Exhibit "B," which is incorporated
for all purposes herein. Consultant shall not perform any additional services for the City not specified by
this Agreement unless the City requests and approves in writing the additional costs for such services.
The City shall not be liable for any additional expenses of Consultant not specified by this Agreement
unless the City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice.
The City or Consultant may terminate this Agreement at any time and for any reason by
providing the other party with 30 days written notice of termination.
4.2 Non -appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any fiscal
period for any payments due hereunder, City will notify Consultant of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever, except as to the portions
of the payments herein agreed upon for which funds shall have been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the City shall
pay Consultant for services actually rendered up to the effective date of termination and
Consultant shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any
existing or potential conflicts of interest related to Consultant's services under this Agreement. In the
event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby
agrees immediately to make full disclosure to the City in writing. Consultant, for itself and its officers,
agents and employees, further agrees that it shall treat all information provided to it by the City as
confidential and shall not disclose any such information to a third party without the prior written approval
of the City. Consultant shall store and maintain City Information in a secure manner and shall not allow
unauthorized users to access, modify, delete or otherwise corrupt City Information in any way.
Consultant shall notify the City immediately if the security or integrity of any City information has been
compromised or is believed to have been compromised.
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6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until the expiration of three (3) years after final payment
under this contract, have access to and the right to examine at reasonable times any directly pertinent
books, documents, papers and records of the consultant involving transactions relating to this Contract
at no additional cost to the City. Consultant agrees that the City shall have access during normal
working hours to all necessary Consultant facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. The City shall
give Consultant reasonable advance notice of intended audits.
Consultant further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final
payment of the subcontract, have access to and the right to examine at reasonable times any directly
pertinent books, documents, papers and records of such subcontractor involving transactions related to
the subcontract, and further that City shall have access during normal working hours to all subcontractor
facilities and shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this paragraph. The City shall give subcontractor reasonable notice of
intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant shall operate as an independent
contractor as to all rights and privileges granted herein, and not as agent, representative or employee of
the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant
shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, contractors and
subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as
between the City, its officers, agents, servants and employees, and Consultant, its officers, agents,
employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein
shall be construed as the creation of a partnership or joint enterprise between City and Consultant.
8. LIABILITY AND INDEMNIFICATION.
CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY
LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT
CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY
RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND
ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
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9. ASSIGNMENT AND SUBCONTRACTING.
Consultant shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City. If the City grants consent to an assignment, the
assignee shall execute a written agreement with the City and the Consultant under which the assignee
agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant
and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the
City grants consent to a subcontract, the subcontractor shall execute a written agreement with the
Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the
duties and obligations of the Consultant under this Agreement as such duties and obligations may apply.
The Consultant shall provide the City with a fully executed copy of any such subcontract.
10. INSURANCE.
Consultant shall provide the City with certificates) of insurance documenting policies of the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
1.1 Coverage and Limits.
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single in basis
Coverage shall be on any vehicle used by the Consultant, its employees,
agents, representatives in the course of the providing services under this
Agreement. "Any vehicle" shall be any vehicle owned, hired and non -owned
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et
seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000
each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per
disease per employee
(d) Professional (Errors &Omissions) including Technology liability
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Services Agreement
The Fowler Group, Inc.
Technology coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Technology E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims -made, and maintained for the duration of the
contractual agreement and for two (2) years following completion of services
provided. An annual certificate of insurance shall be submitted to the City to
evidence coverage.
1.2 Certificates.
Certificates of Insurance evidencing that the Consultant has obtained all
required insurance shall be delivered to the City prior to Consultant proceeding with any
work pursuant to this Agreement. All policies shall be endorsed to name the City as an
additional insured thereon, as its interests may appear. The term City shall include its
employees, officers, officials, agent, and volunteers in respect to the contracted services.
Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement. A minimum of thirty (30) days notice of
cancellation or reduction in limits of coverage shall be provided to the City. Ten (10)
days notice shall be acceptable in the event of non-payment of premium. Such terms
shall be endorsed onto Consultant's insurance policies. Notice shall be sent to the Risk
Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies
to the City Attorney at the same address.
11. COMPLIANCE WITH LAWS, ORDINANCES. RULES AND REGULATIONS.
Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules
and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or
regulations, Consultant shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-
discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or
successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City
and hold the City harmless from such claim.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
To The CITY:
City of Fort Worth
Office of Emergency Management
Attn: Carlos Gomez
1000 Throckmorton
Fort Worth, Texas 76102
Facsimile: (817) 392-8440
Professional Services Agreement
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To CONSULTANT:
The Fowler Group, Inc.
Attn: Michael Livesay-Wright
6100 POIy Wbb eRoad
Arlington, Texas 76016
Telephone: (817) 478-5890
Facsimile: (817) 478-6842
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Consultant shall, during the term of this agreement and additionally for a
period of one year after its termination, solicit for employment or employ, whether as employee or
independent contractor, any person who is or has been employed by the other during the term of this
agreement, without the prior written consent of the person's employer.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers.
16. NO WAIVER.
The failure of the City or Consultant to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or
Consultant's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. GOVERNING LAW /VENUE.
This Agreement shall be construed in accordance with the internal laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue
for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court
for the Northern District of Texas, Fort Worth Division,
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
The City and Consultant shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control (force majeure),
including, but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar causes.
20. MINORITY AND WOMAN BUSINESS ENTERPRISE PARTICIPATION.
In accordance with City Ordinance No. 15530, the City has goals for the participation of minority
business enterprises and woman business enterprises ("M/WBE") in City contracts. Consultant
acknowledges the M/WBE goal established for this Agreement and its commitment to meet the goal. Any
misrepresentation of the facts (other than a negligent misrepresentation) and/or the commission of fraud
by the Consultant may result in the termination of this Agreement and debarment from participating in
City contracts for a period of time of not less than three (3) years. Consultant shall submit information
concerning the M/WBE (s) that will participate in the contract to meet the set goal. The information shall
be in the form attached as Exhibit "C" Letter of Intent, and shall be attached hereto and incorporated
into this Agreement.
21. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
Professional Services Agreement
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22. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
23. AMENDMENTS /MODIFICATIONS /EXTENSIONS.
No extension, modification or amendment of this Agreement shall be binding upon a party hereto
unless such extension, modification, or amendment is set forth in a written instrument, which is executed
by an authorized representative and delivered on behalf of such party.
24. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the City
and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior
or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement. This Agreement shall not be amended unless agreed to in writing
by both parties and, if required, approved by the City's City Council.
25. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute
this agreement on behalf of the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to
rely on this warranty and representation in entering into this Agreement.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples thist. day of
0 t. 5 2009.
CITY OF FORT WORTH:
Date: l 0 / / Q :1
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Assista t City Attorney
CONTRACT AUTHORIZATION:
M8C: to, (Irk �?/vp
Date Approved:
Professional Services Agreement
The Fowler Group, Inc.
THE FOWLER GROUP, INC.:
By: 1/ A !iA \_��
Name: Tom Fo Iw er
Title: President
Date:
ATTEST:
By:
EXHIBIT A
STATEMENT OF WORK
This Statement of Work (SOW) is made by The Fowler Group, Inc. (TFG) outlining the consulting services
that TFG will provide for the City of Fort Worth, KnoWhat2Do Public Education Campaign.
1. ADVERTISING.
Cost for media varies greatly depending on placement options including location, format and time
of day. TFG will work with the KnoWhat2Do committee to maximize monies allocated to media buys for
maximum exposure.
1.1. Billboards.
TFG will design and place billboards promoting the KnoWhat2Do Program in multiple
locations focusing on the four centralized counties (Tarrant, Dallas, Denton, Collin). TFG
estimates $56,400.00 for placement of outdoor billboards for a minimum two (2) month period. A
minimum of two (2) boards in Tarrant County; two (2) boards in Dallas County; one (1) board in
Collin County and one (1) board in Denton County. TFG will design customized landing pages for
each of the billboards to track responses. Design costs of the billboards and programming costs
landing pages are part of the Creative Services budget and are separate from the placement
budget.
1.2 Radio Commercials.
TFG will write/produce a minimum of two (2) fifteen second and two (2) thirty second
commercials promoting disaster preparedness through the KnoWhat2Do program. The
commercials will be aired on major radio stations during the months of March and September.
TFG will optimize the media budget with a mix of Prime time and Rotator spots. TFG estimates
$26,000.00 for advertising media budget. Copywriting and recording costs are part of the Creative
Services budget and are separate from the media budget. TFG will provide a run schedule for
each of the stations. TFG will be responsible for obtaining, and payment for any usage license
media used in the product of the advertisement. All content used for the advertisements will be
purchased with a Royalty Free license.
1.3 Television Commercials.
TFG will Design/Produce a minimum of one (1), thirty second commercial that can be
aired on municipal cable channels and in movie theaters across the Metroplex, formatted for
television, Web and big screen (movie) viewing. TFG will also create a minimum of four (4)
"static" slides that can be used for advertising in non -digital theaters. TFG estimates a placement
budget of $25,000.00 for cinema ads. A mix of static ads and thirty second spots will air in
minimum of (12) theaters in (Tarrant, Dallas, Denton, Collin) counties during the months of
September and March. TFG will be responsible for obtaining, and payment for any usage license
media used in the product of the advertisement. All content used for the advertisements will be
purchased with a Royalty Free license.
Professional Services Agreement
The Fowler Group, Inc.
2. PUBLIC RELATIONS.
KnoWhat2Do is specifically interested in engaging public relations services to support its
fundraising initiatives and projects, increase visibility and credibility to key constituencies and key publics
and maintain ongoing branding initiatives. In this effort, we expect to conduct the following activities on
behalf of the KnoWhat2Do campaign. This list is meant to be representative, not exhaustive, of the work
TFG may undertake. TFG will contract BlabberMouth Public Relations, a disadvantaged business, to
assist with the Public Relations portion of this project.
2.1 Plan Development.
BlabberMouth PR will create a comprehensive twelve (12) month Public Relations plan
for KnoWhat2Do Campaign.
2.2 Message Development.
BlabberMouth PR and TFG will develop market positioning (an image of the brand in the
minds of the citizens of North Texas) and media messages for the KnoWhat2Do campaign.
2.3 Media Readiness.
2.3.1. BlabberMouth PR will create and maintain KnoWhat2Do media lists for the North
Central Texas region, as well as regional and national media lists where appropriate.
2.3.2 BlabberMouth PR and TFG will develop a downloadable KnoWhat2Do press kit,
which should include the organization fact sheet, logos, photos, access to the
KnoWhat2Do DVD and press releases.
2.3.3 TFG will design and produce (250) Press Kit Folders.
2.3.4 BlabberMouth PR will also create and maintain an editorial /press release
calendar of media and topics relevant to KnoWhat2Do Campaign.
2.4 Media Outreach for KnoWhat2Do.
2.4.1 Support KnoWhat2Do activities and visibility needs through media outreach and
inquiries.
2.4.2 Draft all KnoWhat2Do press releases and obtain all appropriate approvals prior
to distribution.
2.4.3 Distribution of KnoWhat2Do press releases to all applicable print, broadcast and
online media.
2.4.4 Draft all KnoWhat2Do media pitches, and distribute to all applicable media.
2.5 Corporate Outreach.
BlabberMouth PR will conduct outreach to minimum of (10) corporate partners per month
with the goal of bringing the program into the workplace as part of employee training/safety
initiatives.
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2.6 Copywritinq.
2.6.1 BlabberMouth PR will initiate or assist in writing documents that identify and
prepare for timely issues relating to the KnoWhat2Do campaign.
2.6.2 BlabberMouth PR will draft or submit articles that can be published with
KnoWhat2Do executives' bylines.
2.7 Promotion.
2.7.1 BlabberMouth PR will identify speaking opportunities or event participation for
KnoWhat2Do board members.
2.7.2 BlabberMouth PR will seek to secure speaking opportunities and promote
KnoWhat2Do involvement in such engagements.
2.7.3 BlabberMouth PR will initiate and support event promotion opportunities.
2.8 Program Administration.
2.8.1 BlabberMouth PR will participate in weekly update /strategy calls with
KnoWhat2Do point of contact.
2.8.2 BlabberMouth PR will prepare a weekly report of Public Relations activities.
2.8.3 BlabberMouth PR will prepare a monthly report of accomplishments and
collateral, to be distributed one week before the committee's monthly meeting.
2.8.4 Maintain a project tracker of activities.
2.9 Ongoing Initiatives.
2.9.1 BlabberMouth PR will work with KnoWhat2Do's board on ongoing initiatives
focusing on specific areas core to KnoWhat2Do's online, print and broadcast presence
through media coverage, and the continual development of strategies and tactics to
reach and influence your most important audiences.
2.9.2 Key to that will be internal communications to keep the KnoWhat2Do campaign a
year-round focus for the more than two hundred (200) participating municipalities in a
sixteen (16) county area. Materials including press releases, promotional ideas and a
newsletter will be distributed monthly to the central KnoWhat2Do contact, to then be
redistributed to the key contacts in each community.
2.10 Weekly Calls.
BlabberMouth PR will request a weekly phone meeting with the KnoWhat2Do main point
of contact. During that call, a weekly outline of activities will be developed. While priorities may
shift within the outline of activities, the weekly call will ensure we have sufficient information and
time to accommodate your Public Relations needs, as well as earmarking what will be
accomplished throughout the following weeks.
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2.11 Monthly Reporting.
Each month, BlabberMouth PR will create a Monthly Activities Report or Public Relations
Status Report outlining actions and deliverables in which we engaged on behalf of the
KnoWhat2Do campaign. The monthly report is comprised of four sections: a summary that
highlights accomplishments; a bullet -point breakdown of each activity in each segment of work,
such as media relations, materials development, etc.; an outline of all media hits; and summaries
of hours for individual undertakings.
3. KNOWHAT2D0 WEBSITE EXPANSION.
3.1 Youth Program Design and Development.
TFG will develop a Kid Friendly section of the KnoWhat2Do Web site to engage North
Central Texas youth. This should include various age range related activities and items. Youth
components will include:
3.1.1 An online Emergency Supply Kit game/activity,
3.1.2 An online game/activity possibly featuring the KnoWhat2Do mascot,
3.1.3 A downloadable coloring book, highlighting major sections of the KnoWhat2Do
guide,
3.1.4 Series of twelve (12) downloadable/printable activities that can serve as teacher
aides to introduce disaster preparedness and the KnoWhat2Do program in the schools.
3.2 Advertising Campaign Landing Pages.
TFG will create unique landing pages on the KnoWhat2Do Website to be used in
conjunction with Billboard, Radio and Cinema ads. The annWV W
aes will be used to serve
unique content to the visitors based on the location of billboard or content of radio and cinema
ads.
3.3 Personal Preparedness Plan.
TFG will create a section of the KnoWhat2Do site that allows citizens to create a
Personal Preparedness Plan (PPP) online. Users will be able to create a PDF, or print out a copy
of their own customized PPP.
3.4 OEM Event Tracking Page.
TFG will create a page on the OEM Web site to track the location of the KnoWhat2Do
Display materials that are in use by the KnoWhat2Do jurisdictions.
3.5 KW21D Video Contest Page.
TFG will create a section within the Web site for a KnoWhat2Do Video contest.
Minimum features to include:
3.5.1 Users will upload their videos to YouTube, requiring that each user creates their
own YouTube account
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3.5.2 Users will register for the contest on the KW2D site
3.5.3 Videos will be categorized, play, and be voted upon ON the KW2D site
3.5.4 KAM administrators will be able to approve the videos before posting to the
site,
3.5.5 Voting will be open to the public and the winner will be determined by a formula
based on the number of views, and the rating of the video,
3.5.6 TFG will create aVoting/Rating system of (1) to (5) stars.
3.5.7 Users will be able to rate/vote for multiple different movies, but will be only
permitted to vote once per single video
3.5.8 TFG will limit single users casting multiple votes through a use of cookies and
sessions. These measures will keep the majority of users from voting more than once for
a single video. TFG will not attempt to keep users from deleting cookies, using secondary
computers, or trying to circumvent the measures in any way.
3.5.9 After the contest the winner's videos will be featured on the site.
4. CREATIVE SERVICES.
TFG will provide full agency design, marketing, programming and media services at a blended
rate of $125/hr for a total of 710 hours. These hours encompass all of the professional services (graphic
design, programming, marketing, copywriting, and agency services) needed to develop the materials for
the KnoWhat2Do campaign.
4.1 Mascot Development.
TFG will consult the KnoWhat2Do committee on mascot development. As part of the
KnoWhat2Do Public Relations efforts, TFG will support the promotion and public introduction of
the mascot.
5. WEBSITE HOSTING AND MAINTENANCE.
TFG will host the existing KnoWhat2Do website, maintain the existing code and content
management tool, and assist with any minor site modifications. It is understood that major site expansions
and modifications will require additional estimation and approvals. TFG defines major modifications as
changes to the existing framework of the website, or modifications that require more than three (3) hours
of programming or creative time, and that are outside of any other estimated projects. Examples of major
modifications are, but not limited to: changing or updating functional modules of the content management
tool; formatting, compressing video content for the Web; adding new processes/forms to the web site.
Examples of minor modifications are, but not limited to: copy edits; image updates; uploading new video;
adding/removing content users and contributors. Hosting is provided for twelve (12) months renewing
annually for three (3) additional years.
Professional Services Agreement
The Fowler Group, Inc.
Dine �Q of 1G
EXHIBIT B
PAYMENT SCHEDULE
The City of Fort Worth will pay the Consultant a blended hourly rate of $125.00/hour for all creative
services as set forth below, not to exceed $300,000.00 annually. Consultant will submit invoices to the
City of Fort Worth monthly, stating the services provided and the hours required to complete the service.
The City must pay all invoices within thirty (30) days after the date of receipt of each invoice.
E SCHEDULE � HOURS ( PRICE
restive Services 710 $88,750
tended rate of $125/hr for all services.
blic Relations 768 $96,000
illboards $56,400
placement)
Hems Ads $25,000
lacement)
radio Spots (t26,000
;placement)
KnoWhat2Do Hosting Year One (1) $1,500
;12 months)
<noWhat2Do Hosting Year Two (2) $1,500
12 months)
KnoWhat2Do Hosting Year Three(3) $1,500
;12 months)
KnoWhat2Do Hosting Year Four (4) $1,500
12 months)
TOTAL AS PROPOSED $298,150
Professional Services Agreement
The Fowler Group, Inc.
Onnc 1A .,f �P
DOE CONTRACT
%" O R T WORTH CAPITAL PROJECT BID NUMBER OB•o122
"—.�""'— (Please check one)
MinorityrNVomen Business Enterprise Office
LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUBCONSULTANT
[NOTE: Pursuant to the City of Fort Worth M/WBE Ordinance, M/WBE firms participating in the program must have current certification
status with the City of Fort Worth prior to award of a contract where they are counted towards subcontracting participation. If the City of
Fori Worth determines that, a firm is not currently M/WBE certified for City of Fort Worth contracts that firm should immediately submit a
completed certification application to the North Central Texas Regional Certification Agency (NCTRCA), 624 Six Flags Drive, Suite 100,
Arlington, TX 76011j
1. Name of Contract
2. Value of Original Contract $ Z98,150
3. Name of Offeror/Prime Contractor or Consultant The Fowler GrouR, Inc.
4. The undersigned MWBE 6rm fs prepared to perform the following described work and/or supply the material listed in
connection with the above project (where applicable specify "supply" or "install" or both):
(Name of MIWBE Firm)
Circle one
• . '. I11
Agent of ANWBE firm) Type or Print Name
(Signature of Owner or Authorized Agent of MIWBE firm)
(S17) 5��-1752
(Phone Number) (Fax Number)
I HEREBY DECLARE AND AFFIRM that I, Tom Fowler am the duly authorized representative of
Circle one (owner/Authorized Agent)
The Fowler Group, Inc. and that I have personally reviewed the material and
Name of Offeror/Prime
facts set forth in this Letter of Intent to Perform. To the best of my knowledge, information and belief, the facts in this form are true,
and no material facts have been omitted,
Pursuant to the City of Fort Worth MIWBE Ordinance, any person [entity] who makes a false or fraudulent statement in connection
with participation of a MlWBE in any City of Fort Worth contract may be referred for debarment procedures under the Crty of Fort
Worth M/WSE Ordinance.
I do solernnly swear or affirm that the signatures contained herein and the information provided by the offeror/prime are true and
correct. and that I authorized on behalf of the offerodprime to make the affidavit.
ot� �wt...�2
(Signature of Owner or Authorized Agent)
����I��E�I��1~lt
The Fowler Grou .Inc.
(Name of ONeriPrime) Type or Print
��' r
(Date) C� �/(p�
(81 T) 4T8.6842
(Fax Number)
01%14i09
a
z
0
K
PURCHASING DIVISION
REQUES'g' I'OR PROPOSALS (RFP)
For
Marketing Design and Development
rnloWI atMo Public Education Campaign
Issued: November 12, 2008
PROPOSAL SUBMISSION DEADLINE.
December 11, 2008 by 1:30PM Local Time *****X*
NO LATE PROPOSALS WILL BE ACCEPTED
RESPONSES SHALL BE DELIVERED TO: RESPONSES SHALL BE MAII.ED TO:
CITY OF FORT WORTH PURCHASING DIVISION CITY OF FORT WORTH PURCHASING DIVISION
LOWER LEVEL LOWER LEVEL
1000 THROCKMORTON STREET 1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102 FORT WORTH, TEXAS 76102
FOR ADDITIONAL INFORMATION NAME AND ADDRESS OF COMPANY
REGARDING THIS RFP PLEASE CONTACT: SUBMITTING PROPOSAL:
Angela Gonzales, Purchasing Division,
angela.gonzales@fortworthgov.org
RETURN THIS COVER SHEET WITH
RESPONSE TO.
Angela Gonzales
Buyer Contact Person:
Purchasing Division
Finance Department Phone: ( ) Fax: ( )
Signature:
Printed Name:
Acknowledgment of Addenda: #1 #2 #3 #4 #5
General Provisions
1.0 SUBMISSION OF PROPOSALS
1.1 One original and five (5) copies of all Proposal documents shall be submitted in sealed packages.
Firm's name and address should be marked on the outside of the envelope. Facsimile transmittals
or offers communicated by telephone will not be accepted or considered. Proposal information that
is not submitted in sealed packages will not be considered.
1.2 Mail or Deliver Responses to the Following Address:
City of Fort Worth
Purchasing Division
1000 Throckmorton Street, Lower Level
Fort Worth, Texas 76102
2.0 DELIVERY OF SUBMITTALS
Proposals must be received in the City of Fort Worth's Purchasing Division no later than 1:30 PM,
December 1 1, 2008. The submitting firm is responsible for the means of delivering the Proposals to the
location listed in paragraph 1.2 on time. Delays due to any instrumentality used to transmit the Proposals
including delay occasioned by the Firm or the City of Fort Worth's internal mailing system will be the
responsibility of the Firm. Proposals must be completed and delivered in sufficient time to avoid
disqualification for lateness due to difficulties in delivery. The time and date stamp clock in City of Fort
Worth (City) Purchasing Division is the official clock for determining whether submittals are submitted
timely. Late Proposal documents will not be accepted under any circumstances.
3.0 PROPRIETARY INFORMATION
3.1 If a Firm does not desire proprietary information in the Proposal to be disclosed, it is required
to identify all proprietary information in the Proposal. This identification will be done by
individually marking each page with the words "Proprietary Information" on which such
proprietary information is found. If the Firm fails to identify proprietary information, it agrees that
by submission of its Proposal that those sections shall be deemed non-proprietary and made
available upon public request.
3.2 Firms are advised that the City, to the extent permitted by law, will protect the confidentiality of
their Proposals. Firms shall consider the implications of the Texas Public Information Act,
particularly after the RFP process has ceased and the Contract has been awarded. While there are
provisions in the Texas Public Information Act to protect proprietary information, where the Firm
can meet certain evidentiary standards, please be advised that a determination on whether those
standards have been met will not be decided by the City of Fort Worth Purchasing Division, but by
the Office of the Attorney General of the State of Texas. In the event a request for public
information is made, the City will notify the Firm, who may then request an opinion from the
Attorney General pursuant to 552.305, Texas Government Code. The City will not make a request
of the Attorney General.
RFP No. 08-0222, Marketing Design Development KnoWhat2Do Public Education Campaign, Page 2 of 14
4.0 COMPLETION OF RESPONSES
4.1 Information presented in the Proposals will be used to evaluate the professional qualifications and
fees of the marketing firm(s) to determine the firm(s) which will be selected to provide professional
services to the City.
4.2 Responses shall be completed in accordance with the requirements of this RFP. Statements made
by a firm shall be without ambiguity, and with adequate elaboration, where necessary, for
clear understanding.
4.3 Proposals shall be limited to a maximum of 20 8-1/2" X 11 pages (one side only and including
cover letter) using a font size no smaller than 11 point and one inch margins.
4.4 Requirements
The following outline has been prepared to assist respondents in the preparation of their proposal
by clarifying certain components of the evaluation criteria categories. All respondents should
adhere to the format shown below to help expedite the interview process.
4.4.1 Firm
• Name
• Type of organization.
• Contact person submitting the proposal, address, and telephone number(s).
4.4.2 Description of the Marketing Design and Development Firm
• Resumes and descriptions of experience of principals/associates who will be
assisting in the management of the City of Fort Worth's marketing design and
development of KnoWhat2Do Public Education Campaign.
• Provide professional qualifications and describe similar projects completed within
the past five (5) years by the marketing firm. Supply names, addresses, and
telephone numbers for references.
• State number of years firm, or firms, have been in business.
• Indicate number of team members by technical discipline, professional
registration, education, and experience, which are anticipated to be working on the
marketing design and development of KnoWhat2Do Public Education Campaign.
Experience
• Marketing Design Development Team -Provide an organization plan for
management of the City's marketing design and development of KnoWhat2Do
Public Education Campaign.
• The firm should designate experienced professional and technical staff to
competently and efficiently perform the work, either through their own personnel
or sub -consultants. Identify the project team composition, project leadership,
reporting responsibilities, and address how sub -consultants will fit into the
management structure.
Highlight the experience of the marketing design development team, including all
team members and sub -consultants.
RFP No. 08-0222, Marketing Design Development KnoWhat2Do Public Education Campaign, Page 3 of 14
4.4.4 Description of Firm's Strengths
• Location of office(s)
• Competitive advantages over competition
• Unique service offerings
• Computer programs and systems utilized
4.4.5 Fee Schedule
• Proposers shall provide projected number of hours to complete this project
• Proposer shall offer list of employees/positions required to complete the project
• Proposer shall offer hourly rate of each employee/position required to complete the
project
5.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA
5.1 Any explanation, clarification, or interpretation desired by a Firm regarding any part of this RFP
must be requested from Angela Gonzales of the City of Fort Worth Purchasing Division, at least
ten (10) days prior to the published submission deadline, as referenced in Section I, paragraph 2 of
this RFP.
5.2 If the City, in its sole discretion, determines that a clarification is required, such clarification shall
be issued in writing. Interpretations, corrections or changes to the RFP made in any other manner
other than writing are not binding upon the City, and Firms shall not rely upon such interpretations,
corrections or changes. Oral explanations or instructions given before the award of the Contract are
not binding.
5.3 Requests for explanations or clarifications may be faxed to the City of Fort Worth at (817) 392-
8440 or emailed to angela aonzales(,,fortworth og v.org. Emails and Faxes must clearly identify the
RFP Number and Title.
5.4 Any interpretations, corrections or changes to this RFP will be made by addendum. Sole issuing
authority of addenda shall be vested in the City of Fort Worth Purchasing Division. Firms shall
acknowledge receipt of all addenda within the responses.
6.0 WITHDRAWAL OF PROPOSALS
A representative of the company may withdraw a Proposal at any time rip or to the RFP submission
deadline, upon presentation of acceptable identification as a representative of such company.
7.0 AWARD OF CONTRACT
7.1 It is understood that the City reserves the right to accept or reject any and all Proposals and to
re -solicit for Proposals, as it shall deem to be in the best interests of the City of Fort Worth.
Receipt and consideration of any Proposals shall under no circumstances obligate the City
of Fort Worth to accept any Proposals. If an award of contract is made, it shall be made to the
responsible Firm whose Proposal is determined to be the best evaluated offer taking into
consideration the relative importance of the evaluation factors set forth in the RFP.
7.2 The City reserves the right to award a single contract or multiple contracts by section listed in the
Scope of Work. Proposers may submit proposals on either• section individually or both sections of
the scope of services.
RFP No. 08-0222, Marketing Design Development KnoWhat2Do Public Education Campaign, Page 4 of 14
7.3 Tentative Schedule of Events
RFP Release Date
Deadline for Questions
Proposals Due Date
Contract Negotiations
City Council Approval
Notice to Proceed (anticipated)
8.0 PERIOD OF ACCEPTANCE
November 12, 2008
December 1, 2008, 5:00 PM (Local Time)
December 11, 2008, by 1:30 PM (Local Time)
December 15, 2008 — December 19, 2008
January 6, 2008
January 13, 2008
Firm acknowledges that by submitting the Proposal, Firm makes an offer that, if accepted in whole or part
by the City, constitutes a valid and binding contract as to any and all items accepted in writing by the City.
The period of acceptance of proposals is 120 calendar days from the date of opening, unless the Firm notes
a different period.
9.0 TAX EXEMPTION
The City of Fort Worth is exempt from Federal Excise and State Sale Tax; therefore, tax must not be
included in any contract that may be awarded from this RFP.
10.0 COST INCURRED IN RESPONDING
All costs directly or indirectly related to preparation of a response to the RFP or any oral presentation
required to supplement and/or clarify a Proposals which may be required by the City shall be the sole
responsibility of and shall be borne by the participating firms.
11.0 NEGOTIATIONS
The City reserves the right to negotiate all elements that comprise the successful firm's response to ensure
that the best possible consideration be afforded to all concerned.
12.0 CONTRACT INCORPORATION
The contract documents shall include the RFP, the Response to the RFP and such other terms and
conditions as the parties may agree.
13.0 NON- ENDORSEMENT
If a Proposal is accepted, the successful Firm shall not issue any news releases or other statements
pertaining to the award or servicing of the agreement that state or imply the City of Fort Worth's
endorsement of the successful Firm's services.
14.0 UNAUTHORIZED COMMUNICATIONS
Respondents' contact regarding this RFP with employees or officials of the City other than the Purchasing
Division or the Minority and Women Business Enterprise (M/WBE) Office may result in disqualification
from this procurement process. Any oral communications are considered unofficial and non -binding with
regard to this RFP.
RFP No. 08-0222, Marketing Design Development KnoWhat2Do Public Education Campaign, Page 5 of 14
15.0 PROPOSAL EVALUATION PROCESS
15.1 The City will review all responsive submittals and select the best evaluated proposals for further
interview.
15.2 The City anticipates selecting firms) that will be recommended to the City Council for award of a
contract to provide professional services to the City of Fort Worth for its marketing design and
development of KnoWhat2Do Public Education Campaign. The City reserves the right to award
contracts by section listed in the Scope of Work.
15.3 The proposals will be rated on the following criteria with the assigned point values:
Responsiveness and clarity of proposal 20 points
Background and experience of firm 20 points
Personnel qualifications 20 points
Contract costs 15 points
DBE Participation 25 points
RFP No. 08-0222, Marketing Design Development KnoWhat2Do Public Education Campaign, Page 6 of 14
Standard 'Terms and Conditions
These standard terms and conditions and any special terms and conditions become part of any contract entered into
if any or all parts of the Proposals are accepted by the City of Fort Worth. This RFP will be funded in whole or
in part with Federal Funds. Vendors must comply with terms and conditions to ensure compliance with
Federal Law.
1.0 ASSIGNMENT
The successful Firm may not assign its rights or duties under an award without the prior written consent of
the City of Fort Worth. Such consent shall not relieve the assignor of liability in the event of default by its
assignee.
2.0 ERRORS OR OMISSIONS
The Firm will not be allowed to take advantage of any errors or omissions in this RFP. Where errors or
omissions appear in this RFP, the Firm shall promptly notify the City of Fort Worth Purchasing Division in
writing of such error or omission it discovers. Any significant errors, omissions or inconsistencies in this
RFP are to be reported no later than ten (10) days before time for the RFP response is to be submitted.
3.0 INDEMNITY AND RELEASE
3.1 Successful Firm shall defend, indemnify and hold harmless the City of Fort Worth and all
its Officers, Agents and Employees from all suits, actions, or other claims of any character, name
and description brought for or on account of any injuries or damages received or sustained by
any person, persons or property due to any negligent act or fault of the successful Firm, or of any
agency, Employee, Subcontractor or supplier under the successful Firm in the execution of, or
performance under, any contract awarded. Successful Firm indemnifies and will indemnify and
hold harmless the City of Fort Worth from liability, claim or demand on their part, Agents,
servants, customers and/or Employees whether such liability, claim or demand arise from event or
casualty happening or within the occupied premises themselves or happening upon or in the halls,
elevators, entrances, stairways or approaches of or the facilities within which the occupied
premises are located. Successful Firm shall pay any judgment with costs that maybe obtained
against the City of Fort Worth growing out of such injury or damages.
3.2 In addition to the indemnification requirement above, successful Firm shall execute a statement
releasing Fort Worth from any liability for ry or property damage incurred during this
contract, unless such injury or property damage was the result of intentional conduct
committed by an Employee of the City. Further, all Employees, Officers, and Agents of the
successful Firm or any Subcontractor shall be required to execute the release prior to entering
into performance of any work associated with the contract to be awarded hereunder.
4.0 TERMINATION
4.1 If this award results in a contract, it shall remain in effect until contract expires, delivery and
acceptance of products and/or performance of services ordered or terminated by the City with a
forty-five (45) day written notice prior to cancellation. In the event of termination, the City of Fort
Worth reserves the right to award a contract to next lowest and best firm as it deems to be in the
best interest of the City of Fort Worth.
4.2 Further, the City of Fort Worth may cancel this contract without expense to the City in the event
that funds have not been appropriated for expenditures under this contract. The City of Fort Worth
will return any delivered but unpaid goods in normal condition to the Firm.
RFP No. 08-0222, Marketing Design Development KnoWhat2Do Public Education Campaign, Page 7 of 14
5.0 TERMINATION, REMEDIES, AND CANCELLATION
5.1 Right to Assurance. Whenever the City has reason to question the successful Firm's intent to
perform, the City may demand that the successful Firm(s) give written assurance of successful
Firm(s intent to perform. In the event a demand is made, and no assurance is given within ten
(10) calendar days, the City may treat this failure as an anticipatory repudiation of the contract.
5.2 The City may terminate this agreement if the successful Firms) fails to cure a material breach,
which substantially impairs the value of the contract as a whole within thirty (30) calendar
days of receipt of written notice being given by the other party. If more than thirty (30) calendar
days are required to cure such default or breach, a reasonable time in excess of said days may be
established, provided both parties agree in writing as to the time period to be substituted. In the
event such default or breach is not cured within a specified time, the City may terminate this
agreement upon thirty (30) calendar days written notification.
5.3 The City may also cancel this agreement for convenience upon forty-five (45) calendar days
written notice to the successful Firm. Effective date of such notice shall begin three (3) days after
date of posting with the United States Postal Service with said notice being sent to last known
address of successful Firm(s).
6.0 CHANGE ORDERS
No oral statement of any person shall modify or otherwise change or affect the terms, conditions or
specifications stated in the resulting contract. All change orders to the contract will be made in writing by
the City of Fort Worth and approved by City Council.
7.0 VENUE
The agreements) will be governed and construed according to the laws of the State of Texas. The
agreement(s) is (are) performable in Tarrant County, Texas. Venue shall He exclusively in Tarrant County,
Texas.
8.0 CONFLICT OF INTEREST
No public official shall have interest in this contract, in accordance with Vernon's Texas Codes Annotated,
Local Government Code Title 5, Subtitled C., Chapter 171.
9.0 INSURANCE
9.1 Successful Firms) ("Consultant") shall carry insurance in the following types and amounts for the
duration of this agreement, and furnish certificates of insurance along with copies of policy
declaration pages and policy endorsements as evidence thereof.
9.2 Consultant shall not commence work under the contract until they have obtained all the insurance
described below and the City has approved such insurance. Consultant shall maintain such
insurance in force and effect throughout the term of the contract.
RFP No. 08-0222, Marketing Design Development KnoWhat2Do Public Education Campaign, Page 8 of 14
9.3 Workers' Compensation Insurance: Except as provided below, Consultant must provide Workers'
Compensation insurance for all its employees and, in case any work is subcontracted, Consultant
will require the subcontractor to provide Workers' Compensation insurance in accordance with the
requirements of the City, including Coverage B,
Employer's Liability: Insurance minimum amounts are as follows:
$100,000 —Bodily Injury by Disease per employee
$500,000 — Bodily Injury by Disease aggregate
$100,000 — Bodily Injury by Accident
9.4 If City exempts Consultant from Workers' Compensation insurance or if the Consultant has no
employees in the City, the Consultant must provide a written statement, signed by an
authorized representative, indicating the qualifying exemption that excludes Consultant from
the City's Workers' Compensation requirements.
9.5 Commercial General Liability: Consultant is required to maintain insurance protecting it from
claims for damages for bodily injury, including sickness or disease, death, and for care and loss of
services as well as from claims for property damage, including loss of use which may arise from
operations under the Contract whether the operations are by the Consultant or by a subcontractor or
by anyone directly or indirectly employed by the Consultant under the contract.
Insurance minimum amounts ar•e as follows:
$1,000,000 —per occurrence
$20000 — annual aggregate
$20000 — annual aggregate-Products/Completed Operations
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Technology Liability (Errors and Omissions)
Blanket Contractual Liability
Products and Completed Operations Liability
City named as an Additional Insured
9.6 Commercial Automobile Liability: Consultant is required to maintain insurance protecting the
contractor from claims for damages for bodily injury as well as from claims for property damage
resulting from the ownership, operation, maintenance or use of all owned, hired, and non -owned
autos which may arise from operations under this contract, and in case any work is subcontracted
the Consultant will require the subcontractor to provide Commercial Automobile Liability.
Insurance minimum amounts are as follows:
$1,000,000 —per occurrence Combined Single limit for Bodily Injury and Property Damage
In addition, the following coverages should be included:
Owned, Hired, and Non -owned Automobile
City named as an Additional Insured
Insurance Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability:
RFP No. 08-0222, Marketing Design Development KnoWhat2Do Public Education Campaign, Page 9 of 14
Consultant is required to carry the following minimum amounts:
$1,000,000 — per claim or event
$1,00ON — annual aggregate
Any deductible will be the sole responsibility of the Consultant and may not exceed $50,000
without the written approval of the City.
9.7 The retroactive or prior acts date of such coverage shall not be after the effective date of this
Contract.
9.8 This policy will provide coverage for all claims the Consultant may become legally obligated to
pay resulting from any actual or alleged negligent act, error, or omission related to Consultant's
professional services required under the contract, and include an extended reporting period
provision of a minimum of three (3) years, following completion of the work.
Additional Insurance Conditions:
9.8.1 Consultant's policy(ies) shall be primary insurance to any other valid and collectible
insurance available to the City with respect to any claim arising out of this contract;
9.8.2 Consultant's policy(ies) will provide the City with thirty (30) days advance notice
of cancellation, nonrenewal, or reduction in limits of coverage or other material
change;
9.8.3 Policies shall have no exclusions by endorsements which nullify the required
lines of coverage, nor decrease the limits of said coverage unless such
endorsements are approved by the City;
9.8.4 If insurance policies are not written for specified coverage limits, an Umbrella or
Excess Liability insurance for any difference is required. Excess Liability shall
follow form of the primary coverage.
9.8.5 Consultant is responsible for payment of Contract related insurance premiums
and deductibles;
9.8.6 Any deductible in excess of $5,000.00 for any policy that does not provide
coverage on afirst-dollar basis must be acceptable to and approved by the City;
9.8.7 If Consultant is self -insured, a Certificate of Self -Insurance must be attached and
must be approved by the City;
9.8.8 Include legal defense fees in addition to its liability policy limits, with the
exception of B.4 above; and
9.8.9 Obtain insurance policies from an insurance company having an "AM BEST"
rating of A, Financial Size Category (FSC) VII or better and must be authorized
to do business in the City.
9.8.10 The City will reserve the right to immediately terminate the contract if the
Consultant is not in compliance with the insurance requirements and retains all
rights to pursue any legal remedies against the Consultant.
RFP No. 08-0222, Marketing Design Development KnoWhat2Do Public Education Campaign, Page 10 of 14
9.8.11 All insurance policies must be open to inspection by the City, and copies of
policies must be submitted to the City's authorized representative upon written
request.
9.8.12 The successful responder is required to submit acceptable evidence of insurance
coverage requirements prior to commencing work under the contract.
10.0 DEBARMENT, SUSPENSION, &OTHER RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 DFR Part 67,
for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510
(Federal Certification)
The sub -recipient certifies that it and its principals and vendors:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily
excluded from covered transactions by any Federal department or agency; sub -recipients
can access debarment information by going to http://www.epls.gov/.
Be Have not within a three year period preceding this application been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
D. Have not within a three-year period preceding this application had on or more public
transactions (Federal, State, local) terminated for cause or default; and
E. Where the applicant is unable to certify to any of this statements in this certification, he or
she shall attach an explanation to this application. (Federal Certification)
Applicant Date
Signature of Authorized Certifying Official I Title
RFP No. 08-0222, Marketing Design Development KnoWhat2Do Public Education Campaign, Page 11 of 14
SCOPE OF WORK
MARKETING DESIGN AND DEVELOPMENT KnoWhat2Do PUBLIC EDUCATION CAMPAIGN
1.0 PURPOSE OF REQUEST FOR PROPOSALS
1.1 The intent of this Request for Proposals (RFP) is to select a firm or firms to enter into a contract or
contracts with the City of Fort Worth for Marketing, Design and Development of an emergency
preparedness program as specified herein. Proposers may submit proposals on individual sections
or multiple sections of the scope of services.
1.2 The selected firms) will be awarded a contract to provide various marketing, design and
development services to the City of Fort Worth for the KnoWhat2Do Public Education Campaign.
1.3 The term of the agreement will shall be for a period of one-year with four one-year renewal
options.
1.4 This project will be used as a part of a regional awareness program. Governmental entities
supporting the KnoWhat2Do Campaign within the region, utilizing Inter -Governmental Contracts
with the City of Fort Worth will be eligible, but not obligated, to purchase material/services under
this contract(s) awarded as a result of this solicitation. All purchases by Governmental Entities
other than the city of Fort Worth will be billed directly to that Governmental Entity and paid by
that Governmental Entity. The City of Fort Worth will not be responsible for another
Governmental Entity's debts. Each Governmental Entity will order its own material/services as
needed.
2.0 SUMMAR4' OF SERVICES TO BE PROV_iDED
2.1 The successful firms) will provide marketing, design and development for the Regional
KnoWhat2Do Public Education Campaign through the City of Fort Worth.
2.2 Advertising
2.2.1 Billboards: Design and place billboards promoting the KnoWhat2Do Program in multiple
locations focusing on the our centralized counties (Tarrant, Dallas, Denton, Collin)
2.2.2 Radio Commercial(s): Design/Produce/Air a 15 and 30 second commercial promoting
disaster preparedness through the KnoWhat2Do program. The commercial should be aired
on major radio stations during rush hour traffic periods during the months of March and
September. Format audio files for use on both radio and the Web.
2.2.3 Television Commercial(s): Design/Produce/Air a 30 second commercial that can be aired
on our municipal cable channels and in major movie theaters across the Metroplex. Format
for television, Web and big screen (movie) viewing.
Public Relations (Internal and External)
2.3.1 Develop a public relations program to promote the KnoWhat2Do program to the various
media outlets including regional print, radio, television and Web. Also, actively seek out
speaking engagements that would be receptive to the message of disaster preparedness.
RFP No. 08-0222, Marketing Design Development KnoWhat2Do Public Education Campaign, Page 12 of 14
2.3.2 Identify additional promotion opportunities such as state/county fair exhibits, public transit
partnerships, and other high -profile, mass audience markets.
2.3.3 Identify and obtain corporate partnerships and sponsorships to support the Knowhat2Do
program to include:
2.3.3.1 Soliciting larger corporations to obtain a supply of KnoWhat2Do educational
materials (guides and DVDs) branded with their logo to be distributed to their
employees during safety trainings and new employee orientations.
Soliciting businesses to purchase stock educational materials (guides and DVDs),
with a donation by-line, for municipalities to distribute during events.
2.3.4 Design/DevelopBxecute aregional promotion of the KnoWhat2Do campaign to the North
Central Texas municipalities (over 200 in a 16 county area). This promotion should
encourage jurisdictions to promote the program during their disaster education efforts.
This campaign should consider a multi pronged approach designed to capture maximum
participation across all municipalities.
2.4 Youth Program Design and Development
2.4.1 Design components of the Knowhat2Do program to engage our North Central Texas
youth. This should include various age range related activities and items. Possible
components may include:
2.4.1.1 Mascot Development; concept and costume (depending on available funds)
2.4.2 Expansion of the current Knowhat2Do website may include:
2.4.2.1 Fun and engaging interactive on-line educational activities for children (similar to
FEMA Kids)
2.4.2.2 Disaster Preparedness Video Contest with the ability to upload videos made to the
KnoWhat2Do website and You l ube.
Downloadable/Printable materials that can serve as teacher aides to introduce
disaster preparedness and the Knowhat2Do program in the schools.
Downloadable activities developed for substitute/daily teachers to be utilized in the
classroom at various grade levels.
2.5 Additional Services
2.5.1 Design Services. Standard hourly rate matrix to be utilized by ALL jurisdictions for the
manipulation of existing guide, DVD, brochure and other promotional artwork as well as
new design relating to the KnoWhat2Do concept.
2.5.2 Website Hosting and Maintenance: Host the existing Knowhat2Do website, maintain the
existing code and content management tool, and assist with any minor site modifications.
It is understood that major site expansions and modifications will require additional
estimation and approvals.
RFP No. 08-0222, Marketing Design Development Knowhat2Do Public Education Campaign, Page 13 of 14
3.0 PUBLICATIONS
3.1 Firm/Consultant acknowledges that FEMA National Preparedness Directorate reserves a royalty -
free, non-exclusive, and irrevocable licenses to reproduce, publish, or otherwise use, and authorize
others to use, for Federal government purposes: (1) the copyright in any work developed under an
award or sub -award; and (2) any rights of the copyright to which a recipient or sub -recipient
purchases ownership with Federal support. The recipient agrees to consult with NPD regarding the
allocation of any patent rights that arise from, or are purchased with, this funding.
3.2 Firm/Consultant agrees that all publications created with funding under this grant shall prominently
contain the following statement, "This Document was prepared under a grant from the National
Preparedness Directorate, United States Department of Homeland Security." Point of view or
opinions expressed in the document are those of the authors and do not necessarily represent the
official position or policies of the U.S. Department of Homeland Security.
4.0 CONTRACT CONSTRAINTS AND CONDITIONS
4.1 All services shall be provided in accordance with applicable requirements and ordinances of the
City of Fort Worth, the State of Texas, and applicable federal laws.
4.2 The Contiact(s) resulting from this RFP will require Minority and Women Business Enterprise
(MWBE) subcontractor participation, in accordance with Ordinance No. 15530, and any
subcontracting participation goal established for this RFP.
4.3 The Contracts) awarded from this RFP shall be executed for aone-year initial term with four
additional one-year options to renew at the City's sole discretion.
5.0 DISADVANTAGED BUSINESS ENTERPRISE PROVISIONS FOR FEDERALLY FUNDED
PROJECTS:
5.1 All proposers shall note that it is the policy of the City of Fort Worth to ensure the full an equitable
participation of Disadvantaged Business Enterprises (DBE) in the procurement of services with
fees of $25,000 or more by establishing a DBE Goal. The DBE goal on this project is twenty-five
(25%).
5.2 The information shall be submitted with the proposal and shall include: (1) the name, address and
telephone number of each DBE; (2) the description of the work to be performed by each DBE; (3)
the approximate dollar amount/percentage of the participation, and (4) the estimated annual gross
income of the DBE firm.
5.3 If the DBE firms) located within the State of Texas is located in the north region it must be
currently certified or in the process of being certified by the North Central Texas Regional
Certification Agency (NCTRCA). If the firm is DBE certified by another agency of the Texas
Uniformed Certification Program (TUCP), it must seek M/WBE certification by the NCTRCA.
Those firms outside of the State must be certified by the NCTRCA as well. All DBE's must have
certification status with the (NCTRCA) in order to be counted towards the DBE goal on federally
funded projects prior to recommendation for award being made to the City Council.
5.4 If an Offeror fails to meet the stated DBE Goal, in part or in whole, then a detailed explanation
must be submitted to explain the Good and Honest Efforts the firm made to secure DBE
participation.
RFP No. OS-0222, Marketing Design Development KnoWhat2Do Public Education Campaign, Page 14 of 14
5.5 Failure to submit the DBE participation information or the detailed explanation of the proposer's
Good and Honest Efforts to meet or exceed the stated DBE goal, may render the proposal non-
responsive. The DBE plan will be part of the final weighted selection criteria.
5.6 For additional information or questions regarding M/WBE participation, offerors may contact
Melani Villarreal, M/WBE Office, at 817-392-6293.
RFP No. 08-0222, Marketing Design Development KnoWhat2Do Public Education Campaign, Page 15 of 14
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the
Date Received
Local Government Code by a person doing business with the
governmental entity.
By law this questionnaire must be filed with the records administrator
of the local government not later than the 7th business day after the
date the person becomes aware of facts that require the statement to
be filed. See Section 176,006, Local Government Code.
A person commits an offense if the person violates Section 176.006,
Local Government Code.
An offense under this section is a Class C misdemeanor.
1. Name of person doing business with local governmental entity.
2.
Check this box if you are filing an update to a previously filed
inaire.
ques
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending
and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or
inaccurate.)
3. Describe each affiliation or business relationship with an employee or contractor of the local
governmental entity who makes recommendations to a local government officer of the local
governmental entity with respect to expenditure of money.
4. Describe each affiliation or business relationship with a person who is a local government officer and
who appoints or employs a local government officer of the local governmental entity that is the subject
of this questionnaire.
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity Page 2
5. Name of local government officer with whom filer has affiliation or business relationship.
(Complete this section only if the answer to A, B, or C is YES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer
has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income
from the filer of the questionnaire?
❑ Yes
❑ No
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction
of the local government officer named in this section AND the taxable income is not from the local
governmental entity?
❑ Yes
❑ No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
❑ Yes
■
D. Describe each affiliation or business relationship.
6. Describe any other affiliation or business relationship that might cause a conflict of interest.
7.
Signature of person doing business with the governmental entity
Date
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH (the "City"), a home rule
municipal corporation situated in portions of Tarrant, Denton and Wise Counties,
Texas, acting by and through Karen L. Montgomery, its duly authorized Assistant City
Manager, and [INSERT FULL LEGAL NAME OF VENDOR] ("Consultant"), a [enter
state] [enter type of entity] and acting by and through [insert name of authorized
signatory], its duly authorized president and CEO.
1. SCOPE OF SERVICES.
Consultant hereby agrees to provide the City with professional consulting
services for the purpose of [insert purpose of agreement]. Attached hereto and
incorporated for all purposes incident to this Agreement is Exhibit "A," Statement of
Work, more specifically describing the services to be provided hereunder.
2. TERM.
This Agreement shall commence upon
("Effective Date") and shall expire on unless terminated
earlier in accordance with the provisions of this Agreement. [Insert any available
options]
3. COMPENSATION.
The City shall pay Consultant an amount not to exceed [$insert amount] in
accordance with the provisions of this Agreement and the Payment Schedule attached
as Exhibit "B," which is incorporated for all purposes herein. Consultant shall not
perform any additional services for the City not specified by this Agreement unless the
City requests and approves in writing the additional costs for such services. The City
shall not be liable for any additional expenses of Consultant not specified by this
Agreement unless the City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice.
The City or Consultant may terminate this Agreement at any time and for
any reason by providing the other party with 30 days written notice of
termination.
4.2 Non -appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in
any fiscal period for any payments due hereunder, City will notify Consultant of
such occurrence and this Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the
City of any kind whatsoever, except as to the portions of the payments herein
agreed upon for which funds shall have been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration
Date, the City shall pay Consultant for services actually rendered up to the
effective date of termination and Consultant shall continue to provide the City
with services requested by the City and in accordance with this Agreement up
to the effective date of termination.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Consultant hereby warrants to the City that Consultant has made full disclosure
in writing of any existing or potential conflicts of interest related to Consultant's
services under this Agreement. In the event that any conflicts of interest arise after the
Effective Date of this Agreement, Consultant hereby agrees immediately to make full
disclosure to the City in writing. Consultant, for itself and its officers, agents and
employees, further agrees that it shall treat all information provided to it by the City as
confidential and shall not disclose any such information to a third party without the
prior written approval of the City. Consultant shall store and maintain City Information
in a secure manner and shall not allow unauthorized users to access, modify, delete or
otherwise corrupt City Information in any way. Consultant shall notify the City
immediately if the security or integrity of any City information has been compromised
or is believed to have been compromised.
6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until the expiration of three (3) years after
final payment under this contract, have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers and records of the
consultant involving transactions relating to this Contract at no additional cost to the
City. Consultant agrees that the City shall have access during normal working hours
to all necessary Consultant facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section.
The City shall give Consultant reasonable advance notice of intended audits.
Consultant further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall, until expiration of
three (3) years after final payment of the subcontract, have access to and the right to
examine at reasonable times any directly pertinent books, documents, papers and
records of such subcontractor involving transactions related to the subcontract, and
further that City shall have access during normal working hours to all subcontractor
facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this paragraph. City shall give subcontractor
reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant shall operate as an
independent contractor as to all rights and privileges granted herein, and not as agent,
representative or employee of the City. Subject to and in accordance with the
conditions and provisions of this Agreement, Consultant shall have the exclusive right
to control the details of its operations and activities and be solely responsible for the
acts and omissions of its officers, agents, servants, employees, contractors and
subcontractors. Consultant acknowledges that the doctrine of respondeat superior
shall not apply as between the City, its officers, agents, servants and employees, and
Consultant, its officers, agents, employees, servants, contractors and subcontractors.
Consultant further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Consultant.
8. LIABILITY AND INDEMNIFICATION.
CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR AP�iY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY
THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND
ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING.
Consultant shall not assign or subcontract any of its duties, obligations or rights
under this Agreement without the prior written consent of the City. If the City grants
consent to an assignment, the assignee shall execute a written agreement with the
City and the Consultant under which the assignee agrees to be bound by the duties
and obligations of Consultant under this Agreement. The Consultant and Assignee
shall be jointly liable for all obligations under this Agreement prior to the assignment.
If the City grants consent to a subcontract, the subcontractor shall execute a written
agreement with the Consultant referencing this Agreement under which the
subcontractor shall agree to be bound by the duties and obligations of the
Consultant under this Agreement as such duties and obligations may apply. The
Consultant shall provide the City with a fully executed copy of any such subcontract.
10. INSURANCE.
Consultant shall provide the City with certificates) of insurance documenting
policies of the following minimum coverage limits that are to be in effect prior to
commencement of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Bodily injury per person
$500,000 Bodily injury per person per occurrence
$100,000 Property damage
Coverage shall be on any vehicle used by the Consultant, its
employees, agents, representatives in the course of the providing
services under this Agreement. "Any vehicle" shall be any vehicle
owned, hired and non -owned
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits
consistent with statutory benefits outlined in the Texas workers'
Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and
minimum policy limits for Employers' Liability of $100,000 each
a ccident/occurrence, $500,000 bodily injury disease policy limit and
$1001000 per disease per employee
(d) Technology Liability (Errors &Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Technology coverage may be provided through an endorsement to
the Commercial General Liability (CGL) policy, or a separate policy
specific to Technology E&O. Either is acceptable if coverage
meets all other requirements. Coverage shall be claims -made, and
maintained for the duration of the contractual agreement and for
two (2) years following completion of services provided. An annual
certificate of insurance shall be submitted to the City to evidence
coverage.
10.2 Certificates.
Certificates of Insurance evidencing that the Consultant has
obtained all required insurance shall be delivered to the City prior to
Consultant proceeding with any work pursuant to this Agreement. All
policies shall be endorsed to name the City as an additional insured
thereon, as its interests may appear. The term City shall include its
employees, officers, officials, agent, and volunteers in respect to the
contracted services. Any failure on the part of the City to request required
insurance documentation shall not constitute a waiver of the insurance
requirement. A minimum of thirty (30) days notice of cancellation or
reduction in limits of coverage shall be provided to the City. Ten (10) days
notice shall be acceptable in the event of non-payment of premium. Such
terms shall be endorsed onto Consultant's insurance policies. Notice shall
be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort
Worth, Texas 76102, with copies to the City Attorney at the same
address.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Consultant agrees to comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If the City notifies Consultant of any violation of
such laws, ordinances, rules or regulations, Consultant shall immediately desist from
and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subcontractors
and successors in interest, as part of the consideration herein, agrees that in the
performance of Consultant's duties and obligations hereunder, it shall not
discriminate in the treatment or employment of any individual or group of
individuals on any basis prohibited by law. If any claim arises from an alleged
violation of this non=discrimination covenant by Consultant, its personal
representatives, assigns, subcontractors or successors in interest, Consultant
agrees to assume such liability and to indemnify and defend the City and hold the
City harmless from such claim.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand -delivered to the other
party, its agents, employees, servants or representatives, (2) delivered by facsimile
with electronic confirmation of the transmission, or (3) received by the other party by
United States Mail, registered, return receipt requested, addressed as follows:
To The CITY: To CONSULTANT:
City of Fort Of
Attn: [insert department/contact]
1000 Throckmorton
Fort Worth TX 76102-6311
Facsimile: (817) 392-8654
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Consultant shall, during the term of this agreement and
additionally for a period of one year after its termination, solicit for employment or
employ, whether as employee or independent contractor, any person who is or has
been employed by the other during the term of this agreement, without the prior written
consent of the person's employer.
1 an GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does
not waive or surrender any of its governmental powers.
16. NO WAIVER.
The failure of the City or Consultant to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein shall not
constitute a waiver of the City's or Consultant's respective right to insist upon
appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW /VENUE.
This Agreement shall be construed in accordance with the internal laws of the
State of Texas. If any action, whether real or asserted, at law or in equity, is brought on
the basis of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division.
18. SEVERABILITY.
if any provision of this Agreement is held to be invalid, illegal or urienforceabie,
the validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired.
19. FORCE MAJEURE.
The City and Consultant shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable for any
delay or omission in performance due to force majeure or other causes beyond their
reasonable control (force majeure), including, but not limited to, compliance with any
government law, ordinance or regulation, acts of God, acts of the public enemy, fires,
strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed
and revised this Agreement and that the normal rules of construction to the effect
that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Agreement or exhibits hereto.
22. AMENDMENTS /MODIFICATIONS / EXTENSTIONS.
No extension, modification or amendment of this Agreement shall be binding
upon a party hereto unless such extension, modification, or amendment is set forth in a
written instrument, which is executed by an authorized representative and delivered on
behalf of such party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any
documents incorporated herein by reference, contains the entire understanding and
agreement between the City and Consultant, their assigns and successors in interest,
as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with any provision
of this Agreement.
2�+. SIGNATURE AUTKORITY.
The person signing this agreement hereby warrants that he/she has the legal
authority to execute this agreement on behalf of the respective party, and that such
binding authority has been granted by proper order, resolution, ordinance or other
authorization of the entity. The other party is fully entitled to rely on this warranty and
representation in entering into this Agreement.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
multiples this day of , 200
CITY OF FORT WORTH:
By:
Assistant City Manager
Date:
ATTEST:
By:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
Date Approved:
NAME OF CONSULTANT].
By:
Name:
Title:
Date:
ATTEST:
By:
M&C Review
Page 1 of 2
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
COUNCIL ACTION: Approved on 10/6/2009
FORT �'VORTH
_,�
DATE: 10/6/2009 REFERENCE NO.: P-11038 LOG NAME: 13P08-
0222FOWLERAG
CODE: P TYPE: CONSENT HEARING: NO
SUBJECT: Authorize a Contract with The Fowler Group, Inc., to Provide Marketing, Design and
Website Development Services for the Emergency Management Office Disaster
Preparedness Program for an Amount Not to Exceed $300,000.00
RECOMMENDATION:
It is recommended that the City Council authorize a contract with The Fowler Group, Inc., to provide
marketing, design and website development services for the Emergency Management Office DisastE
Preparedness Program for an amount not to exceed $300,000.00.
DISCUSSION:
The Emergency Management Office will use this contract to acquire professional advertising,
marketing, public relations and website development services for the KNOWHAT2D0 Public
Education Campaign (Campaign). This Campaign will provide marketing services to 16 jurisdictions
within the North Texas region as part of a community -wide Disaster Preparedness Program. This
contract includes an aggressive marketing awareness plan of emergency preparedness through
various advertising mediums such as outdoor billboards, radio and television commercials.
RFP ADVERTISEMENT -This RFP was advertised in the Fort Worth Star -Telegram on November
12, 2008, and November 19, 2008. Twenty-nine vendors were solicited from the purchasing databas
system. On December 11, 2008, two proposals were received in response to Request for Proposals
(RFP) No. 08-0222. The proposals were reviewed by the KNOWHAT2D0 selection committee and
both vendors were invited to make presentations to the committee. The committee evaluated and
ranked the proposals and presentations based on evaluation criteria outlined in the RFP. The Fowles
Group, Inc., was selected as the most responsive, responsible proposer to provide professional
marketing services for the Campaign.
PRICE ANALYSIS -The Fowler Group, Inc., has offered a blended hourly rate of $125.00 for all
creative services, not to exceed $300,000.00 annually. The Emergency Management Office has
reviewed this pricing and determined it to be fair and reasonable.
DBE -The Fowler Group, Inc., is in compliance with the City's Disadvantaged Business Enterprise
Program (DBE) by committing to 32 percent DBE participation. The City's DBE goal on this project i�
25 percent.
ADMINISTRATIVE AMENDMENT - An administrative increase or amendment for this contract may
be made by the City Manager, or his designee, for an amount up to $25,000.00 and does not require
specific City Council approval so long as sufficient funds have been appropriated.
RENEWAL OPTIONS -This Agreement may be renewed for up to four successive one year terms a
the City's option. This action does not require specific City Council approval provided that the City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
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�M&C Review
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operatin
budget, as appropriated, of the Grant Funds.
BQN\08-0222WG
TO Fund/Account/Centers
Submitted for City Manag_er's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
GR76 539120 002442236160 $300,000.00
Karen Montgomery (6222)
Jack Dale (8357)
Angela Gonzales (7648)
http://apps.cfwnet.orglcouncil�acket/mc review.asp?ID=12418&councildate=l0/6/2009 10/7/2009