HomeMy WebLinkAboutContract 47310 w
a
DE1, "'I f)1 5
N
( R"IBC �1 � � Ikl'i ` PROFESSIONAL SERVICES AGREEMENT
f ,IS°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 joijJ j Ch4pq, its duly
authorized Assistant City Manager, and Clear Message Communication LLC d/b/a Ignite It Group
('Consultant"), a Marketing Consultant Corporation and acting by and through Shelly T. Kulesza, its duly
authorized Member, each individually referred to as a "party" and collectively referred to as the
"parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A—Statement of Work plus any amendments to the Statement of Work
3. Exhibit B—Payment Schedule
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In
the event of any conflict between the documents, the terms and conditions of this Professional Services
Agreement shall control.
1. SCOPE OF SERVICES.
Consultant hereby agrees to provide the City with professional consulting services for the
purpose of (description of scope of services). 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 December 2, 2015 ('Effective Date") and shall expire
on November 30, 2016, unless terminated earlier in accordance with the provisions of this Agreement.
The City shall have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions, for up to four successive one year terms.
3. COMPENSATION.
The City shall pay Consultant in accordance with the hourly rate of Consultant personnel who
perform services under this Agreement in accordance with the provisions of this Agreement and the
Payment Schedule attached as Exhibit "B," which is incorporated for all purposes herein; however, total
payment made under this Agreement by the City for all services shall not exceed $69,150.00.
Consultant shall not perform any additional services for the City not specified by this Agreement unless
the City requests the additional services 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.
CIFFICIAL RECORD)
Professional Services Agreement . Revised June 2012
Clear Message Communication LLC d/b/a Ignite It Group �� �
4. TERMINATION.
4.1. Convenience.
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 have been appropriated.
4.3 Breach.
Either party may terminate this Agreement for breach of duty, obligation or warranty with
then (10)days written notice and reasonable time to cure.
4.4 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. Upon termination of this
Agreement for any reason, Consultant shall provide the City with copies of all completed or
partially completed documents prepared under this Agreement. In the event Consultant has
received access to City information or data as a requirement to perform services hereunder,
Consultant shall return all City provided data to the City in a machine readable format or other
format deemed acceptable to the City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. 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.
5.2 Confidential Information. Consultant, for itself and its officers, agents and employees,
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.
5.3 Unauthorized Access. 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, in which event,
Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
identifying what information has been accessed by unauthorized means and shall fully cooperate with
the City to protect such information from further unauthorized disclosure.
Professional Services Agreement Revised June 2012
Clear Message Communication LLC d/b/a Ignite It Group
6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until the expiration of three (3) years after final payment
under this contract, or the final conclusion of any audit commenced during the said three years, 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, or the final conclusion of any audit commenced during the said three years
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 and work performed under this agreement, 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. It is further understood that the City shall in no way be considered a Co-employer or
a Joint employer of Consultant or any officers, agents, servants, employees or subcontractors of
Consultant. Neither Consultant, nor any officers, agents, servants, employees or subcontractors of
Consultant shall be entitled to any employment benefits from the City. Consultant shall be responsible
and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers,
agents, servants, employees or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
A. LIABILITY - 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.
B. INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND AGREES TO INDEMNIFY,
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, 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, 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.
Professional Services Agreement Revised June 2012
Clear Message Communication LLC d/b/a Ignite It Group
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 of the Consultant under this Agreement prior to the
effective date of 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 certificate(s) 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 occurrence on a combined single limit 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 Liability(Errors &Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the Commercial
General Liability (CGL) policy, or a separate policy specific to Professional 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.
Professional Services Agreement Revised June 2012
Clear Message Communication LLC d/b/a Ignite It Group
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name the City as an
additional insured thereon, as its interests may appear. The term City shall include its employees,
officers, officials, agents, and volunteers in respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in
favor of the City of Fort Worth.
(c) 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. 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.
(d) The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating
Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required, written approval of Risk Management is
required.
(e) Any failure on the part of the City to request required insurance documentation shall not constitute
a waiver of the insurance requirement.
(f) 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.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Consultant agrees that in the performance of its obligations hereunder, it will comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces
in connection with this agreement will also 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:
Professional Services Agreement Revised June 2012
Clear Message Communication LLC d/b/a Ignite It Group
To the CITY: To Consultant:
City of Fort Worth Clear Message Communications
Attn: Susan Alanis, Assistant City Manager d/b/a Ignite It Group
1000 Throckmorton Attn: Shelly Kulesza, CEO
Fort Worth TX 76102-6311 2201 Long Prairie Rd., Ste. 107-270
Facsimile: (817) 392-8654 Flower Mound, TX 75022
Phone: 469-450-6584
E-mail: shelly.kulesza @igniteitgroup.com
With Copy to the City Attorney
At same address
14. GOVERNMENTAL POWERS/IMMUNITIES
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
15. 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.
16. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity, is brought pursuant to 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.
17. 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.
18. 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, 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.
19. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed
a part of this Agreement, and are not intended to define or limit the scope of any provision of this
Agreement.
20. 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
Professional Services Agreement Revised June 2012
Clear Message Communication LLC d/b/a Ignite It Group
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
21. AMENDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument,which is executed by an authorized representative of each party.
22. 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.
23. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
24. WARRANTY OF SERVICES.
Consultant warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within thirty(30)
days from the date that the services are completed. In such event, at Consultant's option, Consultant
shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms
with the warranty, or(b) refund the fees paid by the City to Consultant for the nonconforming services.
25. IMMIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes
provisions addressing employment eligibility, employment verification, and nondiscrimination. Consultant
shall verify the identity and employment eligibility of all employees who perform work under this
Agreement. Consultant shall complete the Employment Eligibility Verification Form (1-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees, and
upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Consultant shall establish appropriate procedures
and controls so that no services will be performed by any employee who is not legally eligible to perform
such services. Consultant shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Consultant shall indemnify City from any penalties or
liabilities due to violations of this provision. City shall have the right to immediately terminate this
Agreement for violations of this provision by Consultant.
26. 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. This Agreement and any
amendment hereto, may be executed by any authorized representative of Consultant whose name, title
and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as
Exhibit "D" and incorporate herein by reference. Each party is fully entitled to rely on these warranties
and representations in entering into this Agreement or any amendment hereto.
Professional Services Agreement Revised June 2012
Clear Message Communication LLC d/b/a Ignite It Group
1
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement, collectively, "Work Product" Further, City shall be the sole and exclusive owner of
all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of the City from the date of conception, creation
or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a "work-made-for-hire"within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Consultant hereby expressly assigns to City all exclusive right, title and interest in and to the Work
Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other
proprietary rights therein, that the City may have or obtain, without further consideration, free from any
claim, lien for balance due, or rights of retention thereto on the part of the City.
[Signature page follows]
ESS WHEREOF, the parties hereto have executed this Agreement in multiples thi day of
ITN
'" "2015.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
rm ^�
By. ,
Jesus J. Chapa
Assistant City Manager
Date: �- 'Y'. / "
APPROVAL RECOMMENDED:
By:
Name:
Title:
f
.�
,.
ATTES `,, a
1 g$ (o' i�ry ^° R I�p / pQ��%1���IIIyp�,�Up{
By. w-
r Otl mA�p�N'Y+d''�MW"itl e"w�Ir
®� �, �i W
Wry Kays r �` �� , �l„ �� Y
Cit Secre < ,, ... ,�P� `NDR,rill, Iry.,
r fissional Services Agreement Revised June 2012
lear Message Communication LLC d/b/a Ignite It Group
APPROVED AS TO FORM AND LEGALITY:
By: �,� V ,
Christ R. Lopez-k600lds P
Sr. Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: r)
Date Approved:
ORGANIZATION:
By:
Name:
Title:
Date: —L t
ATTEST:
By:Qu
v
Title:
Professional Services Agreement Revised June 2012
Clear Message Communication LLC d/b/a Ignite It Group
EXHIBIT A
STATEMENT OF WORK
Ignite It Group
Marketing Consultant for Recycling and Environmental Education Outreach Campaigns
Task 1 -Public Service Announcements
The Consultant shall assist on the development of new public service announcements
(PSA) to support the education and community outreach campaign. Development
includes storyboarding,content development, and production consulting.
Actual PSA production/talent/voice are not included in this pricing. City is responsible
for end-use production. Consultant shall provide the City with notice and sufficient time
to hire the PSA production/talent/voice, in City's sole discretion and pursuant to City
regulations and policy.
Task 2—Youth Recycling Education
The Consultant shall assist on the development of a new youth recycling program that
will support the community outreach education done within the elementary, middle and
high schools. Development includes storyboarding, content development, and production
consulting.
Task 3—Website Enhancements
The Consultant shall assist on the development of layout/content/images to post on the
recycling education pages of the City's website. As new messages and programs are
developed, communication will be updated to maintain alignment with online
communication.
Task 4—Video Development
The Consultant shall assist on the development of video "shorts" to support ongoing
online education. (up to 5, 1-minute video clips)
PSA production/talent/voice are not included in this pricing. City is responsible for end-
use production. Consultant shall provide the City with notice and sufficient time to hire
the PSA production/talent/voice, in City's sole discretion and pursuant to City
regulations and policy.
Task 5—Community Education Training Development
The Consultant shall develop, as needed, educational programs that support
neighborhood education on recycling, contamination issues, litter and illegal dumping.
Content and delivery of the program will be supported by the City's Code Compliance
Department.
Professional Services Agreement Revised June 2012
Clear Message Communication LLC d/b/a Ignite It Group
Task 6—Task 6 -Comprehensive Solid Waste Management Plan
The Consultant shall consult and support the ongoing public education and outreach
component for the comprehensive management plan. Development includes the content
development of collaterals and presentations as well as the production of the final report.
Task 7—Social Marketing
7.1 The Consultant shall provide consulting services and design elements on the
development of various social media campaigns for recycling, contamination,
litter and illegal dumping.
7.2 Develop a series of strategies to support the various educational campaigns
a. Setup appropriate targeted social sites(if necessary)
b. Create communication calendar for messages
C. Feed messages according to communication calendar
d. Monitor and interact as needed to foster participation.
Task 8—Recycling/Litter Photo Shoots
Onsite directing for various photo shoots conducted with City photographer.
Task 9—Research Review
Consultant shall oversee research on various programs to include but not limited to:
1. Behavior Modification research study
2. Solid Waste Comprehensive Plan
Task 10—Integrated/Targeted Campaign To Promote Increased Recycling
Community-level integrated campaigns to focus on increased recycling in areas that are
currently recycling and encouraging recycling in areas that are not recycling at all or not
doing it well.
Task 11 -Tradeshow Booth Creative
Consultant shall develop a design for a 10x10 pop-up structure. Content development
based on approved messaging.
Task 12—General Consulting
Consultant shall provide general consulting for related programs and projects as directed
by the Code Compliance Department.
Task 13 —Client Meetings
Consultant shall attend various face-to-face meetings with city staff and other
Consultants as well as special events.
Professional Services Agreement Revised June 2012
Clear Message Communication LLC d/b/a Ignite It Group
Task 14—File Packaging for Client Delivery
Consultant shall provide print-ready for all collaterals, liaison with printers and perform
press checks as needed.
Professional Services Agreement Revised June 2012
Clear Message Communication LLC d/b/a Ignite it Group
EXHIBIT B
PAYMENT SCHEDULE
Consultant will be compensated at the rate of$85.00 per hour for authorized services provided
pursuant to the scope of work(Attachment A)and properly invoiced, not to exceed$69.150.00 for the
contract term.
The remainder of this page is left intentionally blank
Professional Services Agreement Revised June 2012
Clear Message Communication LLC d/b/a Ignite It Group
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/1/2015
DATE: Tuesday,December 01, 2015 REFERENCE NO.: **P-11814
LOG NAME: 131`15-0330 ENVIRONMENTAL EDUCATION MIR
SUBJECT:
Authorize Execution of Contract with Clear Message Communication,LLC d/b/a Ignite It Group in the
Amount Up to $69,150.00 for the Initial Term for Recycling and Environmental Education Outreach
Campaigns for the Code Compliance Department(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of contract with Clear Message
Communication,LLC d/b/a Ignite It Group in the amount up to $69,150.00 for the initial term for recycling
and environmental education outreach campaigns for the Code Compliance Department.
DISCUSSION:
The City's Code Compliance Department, Solid Waste Services Division (Department) seeks to hire
marketing consultants to assist in the development and implementation of ongoing recycling and
environmental education outreach campaigns. Lowering the contamination rate in recycled solid waste
collection has a major impact on increasing the revenue share received from the sale of recyclable materials
from the City's processing contractor. Continuing public education is critical to the success of the City's
curbside recycling program. Through past campaigns, education efforts have made a significant contribution
in driving down the contamination level in recycling materials collected curbside from over 30 percent to less
than 23 percent. The Department seeks to maintain this trend as well as increase the amount of recyclable
materials set out for collection by continuing effective focused education efforts.
RFP ADVERTISEMENT—A Request for Proposals (RFP) was advertised in the Fort Worth Star—Telegram
every Wednesday from September 16, 2015 through October 21, 2015. The evaluation factors consisted of
customer service, experience developing proven integrated marketing campaigns within the environmental
arena to maximize audience engagement, demonstrated experience working with government agencies and
their partners and price proposal. Forty—five vendors were solicited from the purchasing vendor database
system;five responses were received. The proposals were reviewed by an evaluation committee consisting of
staff from Code Compliance, City Manager's Office and Transportation Public Works Departments. The
proposal from Clear Message Communication,LLC d/b/a Ignite It Group was determined to present the best
value to the City.
PRICE ANALYSIS —Prices under this contract has an overall .07 percent increase than previous awarded on
November 4, 2014 (M&C C-27069). No guarantee was made that a specific amount of services would be
purchased. However, Code Compliance Department may spend up to $69,150.00 with the contractor during
the initial term of this Agreement.
ADMINISTRATIVE CHANGE ORDER—An administrative change order or increase may be made by the
City Manager in the amount of up to$17,287.50 and does not require specific City Council approval as long
as sufficient funds have been appropriated.
CONTRACT TERMS —Upon City Council's approval,the contract will begin upon complete execution and
expire on November 30, 2016.
RENEWAL OPTIONS —This contract may be renewed for up to four successive one—year periods under the
same terms and conditions. The renewals will not require City Council approval provided that the City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
MWWBE OFFICE—A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Purchasing Division and approved by the MWWBE office,in accordance with the BDE ordinance,because the
purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible.
FISCAL INFORMATION:
The approval of this action provides purchasing authority up to $69,150.00. The Financial Management
Services Director certifies that funds are available in the current operating budget, as appropriated, of the
Solid Waste Fund and that prior to an expenditure being made, the participating Department has the
responsibility to validate the availability of funds.
BQN\\
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bv: Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Jane Rogers (8385)
Jack Dale (8357)
ATTACHMENTS
1. 15-0330 MWBE Waiver.pdf
2. Ignite It Group EPLS 15.12df