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STATE OF TEXAS §
COUNTIES OF TARRANT §
DENTON AND WISE §
KNOW ALL BY THESE PRESENTS
CONTRACT FOR SERVICES FOR THE CURBSIDE RECYCLING
CONTAMINATION BILLBOARD CAMPAIGN
This Contract is made by the City of Fort Worth, Texas, a municipal corporation situated in
Tarrant, Denton and Wise Counties, Texas, hereinafter called "City," and Clear Channel Outdoor, a
Texas corporation, hereinafter called "Contractor," both parties acting herein by and through their
duly authorized representatives.
1. Scope of Services.
The specifics of such services are for outdoor advertising services to include enlarging the
billboard art, printing, installing, repairing and/or replacing and removal of billboard messages as
described in Exhibit A and fully incorporated as part of this Contract. Exhibit C depicts the
billboard locations for the November 20th posting date.
2. Term.
The term of this Contract shall commence upon the date of full execution by City and
Contractor, and shall expire one (1) year from the date the last party executes this Contract,
unless terminated earlier as provided herein.
3. Compensation.
a. The amount to be paid to Contractor for all services performed hereunder shall not
exceed $51,900.00. The Contractor's fee shall include all expenses incurred by Contractor on an
hourly and expense basis as set out in the fee schedule(s) as Exhibit B attached and incorporated
herein in the accomplishment of Section 1, Scope of Services.
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Clear Channel Outdoor Billboard Contract
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b. It is understood that this Contract contemplates the provision of full and complete
services for this project, including any and all necessary changes or contingencies to complete the
work as outlined in the Scope of Services, for the fee described in this Section 3.a. Any service
deemed necessary by the Contractor, but beyond the stated Scope of Services must be expressly
authorized in writing by the City PRIOR to implementation of that service.
C. Contractor shall be issued payment by the City according to the invoice(s) properly
submitted pursuant to Exhibit A under the subsection "Billing".
4. Data.
The City has a right to and shall be the sole proprietor of any and all data compiled, analyses
performed and presentations and reports drafted by the Contractor in the fulfillment of the terms of
this Contract.
5. Termination.
a. City may terminate this Contract at any time for any cause by notice in writing to
Contractor. Upon the receipt of such notice, Contractor shall immediately discontinue all services
and work and the placing of all orders or the entering into contracts for all supplies, assistance,
facilities and materials in connection with the performance of this Contract and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City
terminates this Contract under this Section 5.a., the City shall pay Contractor for services actually
performed in accordance herewith prior to such termination, less such payments as have been
previously made, in accordance with a final statement submitted by Contractor documenting the
performance of such work.
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b. In the event no funds or insufficient funds are appropriated and buFoccurrenc
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fiscal period for any payments due hereunder, City will notify Contractor of sue and tlus
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Contract shall terminate on the last day of the fiscal period for which appropriations were received
without penalty or expense to City of any kind whatsoever, except as to the portions of the payments
herein agreed upon for which funds shall have been appropriated and budgeted. City has informed
Contractor that, concurrently with approval of this Contract, City will appropriate and budget 100%
of the funds specified in this Contract, so that all funds will be appropriated and budgeted prior to the
commencement date of this Contract.
c. Upon termination of this Contract for any reason, Contractor shall provide the City with
copies of all completed or partially completed documents prepared under this Contract.
6. Indemnification.
Contractor shall release, defend, indemnify and hold harmless City and its officers,
agents and employees from and against all damages, injuries (including death), claims,
property damages (including loss of use), losses, demands, suits, judgments and costs,
including reasonable attorney's fees and expenses, in any way arising out of, related to, or
resulting from the performance of the work or caused by the negligent act or omission of
Contractor, its officers, agents, employees, or subcontractors.
7. Independent Contractor.
Contractor shall perform all work and services hereunder as independent contractors and
not as an officer, agent or employee of the City. Contractor shall have exclusive control of, and the
exclusive right to control, the details of the work performed hereunder and all persons performing
same and shall be solely responsible for the acts and omissions of its officers, agents, employees and
subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Contractor, its officers, agents, employees and subcontractors; an the —doctrine -of
respondeat superior shall have no application as between the City and the Contractor.
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8. Disclosure of Conflicts.
Contractor warrants to the City of Fort Worth that it has made full disclosure in writing of
any existing or potential conflicts of interest related to the services to be performed hereunder.
Contractor further warrant that it will make prompt disclosure in writing of any conflicts of interest
that develop subsequent to the signing of this Contract.
9. Rieht to Audit.
Contractor 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 any pertinent books, documents, papers
and records of the Contractor involving transactions relating to this Contract. Contractor agrees that
the City shall have access during normal working hours to all necessary facilities and shall be
provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. The City shall give Contractor reasonable advance notice of intended
audits.
Contractor further agrees to include in all its subcontractor agreements hereunder a provision
to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years
after final payment under the subcontract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such subcontractor involving transactions 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 workspace in order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance
notice of intended audits.
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10. Prohibition of Assienment.
No party hereto shall assign, sublet or transfer its interest herein without the prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or any part
hereof without such prior written consent shall be void.
11. Choice of Law; Venue.
This Contract shall be construed in accordance with the internal law of the State of Texas.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
Contract; venue for any action arising under the terms and conditions of this agreement shall lie in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
12. Severability of Provisions.
If any of the Provisions contained in this Contract shall be held, for any reason, to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
13. Sole Aereement.
This Contract constitutes the sole and only agreement of the parties hereto and
supersedes any prior understanding or written or oral agreements between the parties respecting
the subject matter.
14. M/WBE
Intentionally Omitted
15. Notices.
All notices required or permitted under this Contract may be given to a
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by mail, addressed to such party at the address stated below or to such other address as one party
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may from time to time notify the other in writing. Any notice so given shall be deemed received
when deposited in the United States mail so addressed with postage prepaid:
CITY:
MR. MICHAEL A. GANGE — ASSISTANT DIRECTOR
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
CITY OF FORT WORTH
1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102
CONTRACTOR: C'on4 at J 4 13 63 a (P 0
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16. Parties Bound.
This Contract shall be binding upon the successors and assigns of both parties in like manner as
upon the original parties.
—EXECUTED on this, the 0% day of � ,, 2006.
CITY FORT WORTH
1. ----.
Li y Watson, `2�ssistant City Manager G (� Pre ' ent 7a�C Sm f►'1
ROVED AS FORM j AND LEGALITY:
Christa R. Lopez, As_sIi'stan , City Attorney �C O Witness . S P /�1 -Pc 6s
Attest:
C Cs7itract nut'.-.0r1Z3t10A
Marty Hendrix, City Secretary I (),—I TO � Q
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EXHIBIT A
City of Fort Worth - Environmental Management
Curbside Recycling Contamination Billboard Campaign
A.1 Posting Dates:
A.1.1. Date on which billboard artwork shall be placed and visible at posting
location.
A.1.2. Identified by a Monday of a week (i.e., November 20th is first posting date
and next posting date would be December 18th)
A.1.3. Clear Channel Outdoor (CCO) has until the Friday of the same week to
have all postings in place.
A.2 Clear Channel Outdoor (CCO) will provide:
A.2.1. Paper prints for posting in quarterly increments (35 prints per quarter).
After initial order the city may elect to order 30-sheet billboard artwork
prints for each individual posting date.
A.2.2. Illuminated 30-sheet billboards of sufficient quantity to allow for up to 10
different locations. The 10 different locations must be available for each
identified posting date. A maximum of 12 posting dates are allowed under
this contract.
A.2.3. November 20 locations have been charted as identified in Exhibit C.
A.2.4. Upon execution of contract the December posting locations will be charted
and provided back to the City within 3 business days of contract execution.
A.2.5. Subsequent posting dates will be charted at least 4 weeks prior to each
posting date.
A.3 City of Fort Worth will provide:
A.3.1. Dedicated single point of contact for issuing Task Orders to CCO,
receiving and approving invoices from CCO, and provide final City
approval of artwork.
A.3.2. Provide Posting Location Task Orders at least 15 working days prior to
posting date to include:
o Posting locations in list form and on a map.
o Language to be used for each posting location.
o Expected posting date.
Changes made after the 15 working day advance notice will be considered
based on availability but not guaranteed.
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Exhibit A
Clear Channel Outdoor
Page 2 of 2
A.3.3. Provide Paper Print Task Orders at least 10 working days prior to posting
date to include:
o Artwork (hard copy and electronic);
o Quantity to run by language (total of 35 prints per request); and
o Posting date for new print.
AA Billing:
A.4.1. CCO may invoice the City no more than once every 4 weeks for space
costs that correspond to the posting dates and posting duration.
A.4.2. CCO may invoice the City for printing of bill board 30-sheet artwork at
time of ordering.
A.4.3. All invoices must reference Task Order Number and date.
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EXHIBIT B
FEE SCHEDULE
B.1 Rental Rate for ten (10) illuminated billboards - $3,500.00 per 4-week posting
duration
B.2 Charge for paper and printing for three (3) posting dates - $2,300.00 for a total of
35 units.
B.3 If city elects to order paper and printing for each posting date - $1,100 for a total
of 11 units.
Clear Channel Outdoor Billboard Contract
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Exhibit C, page 1 of 2
Billboard Locations
CLEARCHANNEL
OUTDOOR
Location List for: Fort Worth
General Market - All - 18+
Start Date:
11 /20/2006
Contaminated Recycling Program - 11-20-06 Postdate
Location Description
Facing Media Type
DEC
Ilium
Size
Number
Number
of
Periods
1 041491 Berry St 300 ft E/ O Mississippi Av NS
E 30-Sheet Poster
13.6
Y
12' x 25'
1
Diageo NAmerica
2 041609 Hemphill St 100 ft S/ O Flint Av ES
S 30-Sheet Poster
15.1
Y
12' x 25'
1
Diageo NAmerica, Spanish copy
3 041752 Lancaster Av 100 ft W/ O Canton Dr SS
E 30-Sheet Poster
13.7
Y
12' x 25'
1
Texans for School Choice Campaign
4 041819 Loop 820 SE 375 ft N/ O Richardson St
S 30-Sheet Poster
74.4
Y
12' x 25'
1
WS
Anheuser Busch, Inc:
5 041863 Main St 270 ft S/ O Northside Dr ES
S 30-Sheet Poster
7.7
Y
12' x 25'
1
Amerigroup Corp, Spanish copy
6 041911 Miller Av 650 ft N/ O Rosedale St WS
N 30-Sheet Poster
8.3
Y
12' x 25'
1
Walt Disney
7 041936 NE 28th St 135 ft E/ O Hutchinson Av
W 30-Sheet Poster
24.1
Y
12' x 25'
1
NS
Diageo NAmerica, Spanish copy
Locations Average DEC
22.4
All space submitted is without reservation and subject to prior sale. This proposal doer not include the cost ofproduction or extensiondembellishments unless stated otherwise.
"The
Prepared By: Becky Mendenhall, Dallas/Fors Worth Division Choice is
10124/2006 at 3:15 PM CDT Clear!
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Landmarks Exhibit C, page 2 of 2
Billboard Locations
Fort Worth
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/17/2006
DATE: Tuesday, October 17, 2006
LOG NAME: 52CLEARCHANNEL REFERENCE NO.: C-21787
SUBJECT:
Authorize a Sole Source Purchase and Execution of an Agreement for Outdoor Advertising Services
from Clear Channel Outdoor for the Environmental Management Department
RECOMMENDATION:
It is recommended that the City Council authorize a sole source purchase and execution of an agreement
for outdoor advertising services from Clear Channel Outdoor for the Environmental Management
Department with an amount not to exceed $51,900.00.
DISCUSSION:
To lower curbside recycling contamination levels, the Environmental Management Department is launching
a outdoor advertising campaign. The campaign will focus on 10 geographical areas of the city in which high
levels of curbside recycling contamination have been reported.
The primary message: "Recycle Smart. Don't Trash the Blue Cart." will be placed on illuminated billboards
in each of the 10 geographical areas. In areas where Spanish is the predominate language, the boards will
be produced with Spanish text. "Neighborhood -size" billboards of 300 square feet will be used.
The 12 month project cost includes enlarging the art and printing it on paper, installing, repairing or
replacing if damaged and removal of the message.
Clear Channel Outdoor is the documented sole source of neighborhood -size billboards in the required
areas.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested and approved by the
M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier
opportunities are negligible.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Solid Waste Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE64 533010 0525009 $51,900.00
Submitted for Citv Manaaer's Office bv: Libby Watson (6183)
Oriainatina Department Head:
Logname: 55SPINKS RAMP Page 1 of 2
Brian Boerner (6647)
Additional Information Contact:
Jack Dale (8357)
Logname: 55SPINKS RAMP Page 2 of 2