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HomeMy WebLinkAboutContract 34841C,i�T"�r sEc��`r�t��' � ��c�iv��A�7 �� . STATE OF TEXAS KNOW ALr BY THESE PRESENTS COUNTIES OF TARRANT DENTON AND WISE CONTRACT FOR PROFESSIONAI, SERVTG`�S FOR G�ZAPHIC DESIGN SERVICES RI;LATED TO STORM WAT�R NIANAGEM�NT OUTREACH This Contract is inade by the City of Fort Worth, Te�:as, a municipal coiporation sih�ated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "City," and Verve Comtnunications, a Texas corporation, liereinafter called "Contractor," both parties acting herein b�r and tlu•ougl� their duly authorized representatives: 1. Scope of Services. The specifics of such services are for ihe produciion of graphic design serviees related to stor�n. water znanage�nent outreach to ir�clude but not limited to watershed study diz•ect mail pieces, - - -----�--display-kiosk;-aiu�ual-re�ori-eard,-.water-bill--iiisei�s;-a�id--tr-anslation-sEr-vices;-all-services-to-in�lucie__.— _--.- --- copying and editing. The scope and schedule for the work to be perfoi-�ned by Contractor is shown on Exhibit A attached to this Contract and fully incoi�porated herel:o, 2. Term. The term of this Contract shall cornmence upon the date of full execution by the City and Contractoz', and shall expire on Januaiy 14, 2008, unless terzninated earlier as provided herein. 3. C��mpensation. a. The amount to be paid to Contractoi• for all serviczs performed hereunder shall not exceed $23;000, The Contractor's fee shall include all expenses inew•red by Coz�.tractoz• on an hourly and expezlse basis as set out in the fee schedule attached as Exhibit B. Vcrve Commtuiication Conhnct CRL01.17.06v 1 1 1/ 17 � ^t ; : ? �,, � ,� � �;�;;�, � i;i .:T�1��` � ' -1� I I - ^1r�1 , , II L �.���1 �.ui .. 7 = �� '; � �� �Ci U U� J llr-. ('`'�.. � La •.., �,J' jl � i b. It is widerstood that this Contract contemplates the provision of full and complete services for this project, including any and all necessary changes or continbencies to complete the work as outlined in the Scope of Services, for the fee described in this Section 3.a. Any service deeziled necessaiy by the Contractor, but beyond the staCed Scope of Sef�vices must be expressly autl�orized in writiiig by the City PRTOR to i�nplementation of that sei�vice. c. Coxltractor shall be issued payznent by the City according to the invoice(s) properly submitted pursuant to Section 1. . 4. Data. The City has a right to and shall bc ihe sole praprietor of any and all data compiled, analyses performed and presentations and repox-ts dr•afted by the Cantractor in the fulfillment of the terms of tl�is Contract for Professional Services. 5. Te7•tnination. _______ ___ a__ City may teiminate this Contraet at any tizne for any cause by _notice in .�vriting to____,___�__ Confractor. Upon the receipt of such notice, Cont�•actor shall im�nediately discoi�tinue all services and work and the placing of all orders or the entering into contracts fo�• all supplies, assistance, facilities and materials in connection with the performance of this Contract and shail proceed to cancel protnptly all existing coi�t�•acts iz�sofar as they are chaigeable to tliis Contract. If the City termi�ates this Contract unde�� tliis Section S.a., the City sllall pay Contractor foz• services actually perfo��med in accordance herewith prior to such teimii�ation, less such payinents as have been przviously made, in accordance with a final staten�ent submitted by Contractor documenting the performance of such worlc. b. In the evcnt no funds or insuf�ciezit funds are appropriated and budgeted by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Verve Communicatiun Contract CRL01.17A6v 1 2 1/ 17/47 Contract shall tei7ninate on ths last day of the fiscal period far which appropriations were received without penalty or e�pense to City of any lcind whatsoever, except as to the portions of the pa�ments herein agreed upon far which funds shall have been appropriated and budgeted. City has informed Contxactor that, concui�rently �vith approval of this Contract, City will appropr•iate and budget 100% of the firnds speciiied in this Contract, so that all funds will be appropriated and budgeted prior to ihe cominencement date of this Contract, c. Upon termination of this Cantract for aaly rcason, Coni�•actor sl�all provide tlie City witl� � copies of all completed or pai�tially coinpleted documents prepared under this Contract. 7. Indeanni�catron. Contractor sliall xelease, defend, indemnify and hold harmless City atid its of�cei•s, agents and employees fi•om ar�d against aIl damages, injuries (including deatli), claims, property dar►lages (incluc�ing loss of use), losses, dernands, suiYs, jtrclgmenfs and costs, _.� .—.�i�t�l�cling ieasona��le attorney's fees and eaper�ses, in any �v.a� ari_s.ing out.of related._ta, or.,_._ resulting from tlie �erformance of the �vor•lc or caused by the negligent act or otnission of Contractor, its officers, agents, employees, or subcontractors. �. Independent Contz�actox•. Contractor shall perform all vvork a�id services hereunder as independent contractors and not as an officer, agent or en�ployee ofthe City. Contractoz• shall have eYclusive control of, a�ld the exclusive right to coi�trol, the details of the work perfarmed hereunder and all persons perforining same and shall be solely res�onsible for tlie acts and omissions of its ofiicei•s, agents, einploqees and subcontractors. Nothing herein shall be constilied as creating a partnership oa• j oint venture between tlae City aud #he Contractor, its officers, agez�fs, employees and subcontractors; and tlie doctrine of f•espo�zdeat super•ior� shall have no application as between the Ciry and the Contractor. Verve Communication Contract CRLO1.17.06v1 3 1/17/07 9. Disclosiire of Conflicts. Contractor wan•ants to the City of Fort Worth that if has made full disclosure in writing of any existing or potential conflicts of interest related to the services ta be performed hereunder. Contractor f.urther wan•ants that it will make prompt disclasure in writing of any conflicts of interest that develop subseqtrent to the signing of this Contract. 10. Ri�ht to Audit. Confiractor a�rees that the City shall, until tl�e eYpiration of three {3) ��ears ai'ter f nal payment under this Contract, l�a��e access ta ai�d the right to exainine any pertinent boolcs, doctunents, papers and records of tlae Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during norrnal working hours to all necessary facilities and shall be provided adequate and appropriate worlcspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Coiitractor further agrees to include in alI its subcontractoz• agreements hereunder a provision to t.he effect that the subcoiitractor aga•ees that the City shall, until the eYpiration of three (3) years after final paymei�t under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of suc]Z subcontractor involving iransactions to the subcontract, az�d further that City shall have access durin� nor7nal worlcing hours to all subcontractor facilities and shall be pro�vided adequate and appropriate workspace in order to cozaduct audits in coi�lpliance with the p�•ovisions of tl�is paz•agraph. City shall give subcoiitractor reasonable advance notice of intended audits. Verve Communication Conrrlct CRLO 1.17.06v 1 4 1/ 17/07 11. Prohibition of Assi�nnient. No p�rty hereto shall assign, sublet or transfer its interest herein without the prior written consent of the other party, and any attempted assignxnent, sublease or t�•ansfez• of all or any part hereof without such prior written consent shall be void. 12. Choice of La`v; Ve�iue. This Contract shall be construed in accordance with the internal la�v of the State of Teaas. Should any action, whether real oi• asserted, at law ar in equity, arise out of the tern7s of this Contract; venue foz• axiy action arisii�g under the texms and conditions of this agreement shall lie in the state courts located in Tarrant Couz�ty, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 13. Sc�verability of Provisions. If any of the Provisions contained in this Contract shall be held, for any reason, to bc invalid, __ _._____.__.___________._illegal,._or_unenforceable in any_respect,_sucl� invalidity, illegality,_or unenforceability, shall be construed as iisuch invalid, illegal, or uilenforceable provision had never been contained herein. 14. Sole A�reemeut. This Co��tz�act constitutes the sole and only agreement of tlie parties hereCo and supersedes any prior undersianding or written or oral agreeanen.ts between the parties respecting the subject matter. 1S. M/WB� Inteutionaliy Ouiitted 16. Notices. All notices required or peimitted under tl�is Contract niay be given io a party pe��son�lly or Verve Communication Contrnct cx�.o�.i�.o6�i 5 1/17�0�,�, ,— � ,� . ,:, r�J�' l,��l 1 �";;,, ��; v �� �� ���' ��'1� ��';! J,�;, ��� `:':';::�'�i���� ������a �ay5 by mail, addressed to sucl� parry at the address stated below or to such other address as one pa�•ty may fi•om time to time z�otify the other in writing. Any notice so given sha.11 be deemed received when deposited in tlie United States mail so addressed witli postage prepaid: CITY: D�PARTMENT oF TRANSP4RTATION AND PUBLIC WORKS CITY OF FORT �3JORTH 1 OOO THROCI{MORTON STREET PORT WORTH, TEXAS 761 O2 CONTRACTOIt: VERV� COMMUNICATIONS 325 N. ST. PauL S�rtzE�,T SuiT� 2360 DALLAS, T�xAs 75201 17. Parties Bound . This Contract shall be binding upon the successors aiad assigns of both parties in like manner as upon the origiaial parties. EXECUTED on this the %'.��' da of-� 1�/� , 2007. � L-- Y CITY OF FORT WORTH ���G � �� Marc Ott, Assistant Ciry Manager AP ROVED AS TQ FOLZNi AND LEGALITY: ,�; �.��.. � Christa R. L pez, Assistant ify t orney ttest: � " ���,�� Marty Hendrix, Ci Secretary Verve Communication Contract CRL01.17,06v1 VE COM �' G G'c Te��y D. Lofti� w�t���s ,- _ _ . � ;I ���� �r��:_� ' , ; ��� ¢;�',� �� �, 6 1/1 .. f �, 5, ;'r�J�' �l�!l �'_.��� ����rC� v�� , �, � ��;� r,r,, �� '�`i `�'�;�'�4` � �;,, ��! �' ���� .::;�����'�°!� ����� FORTWORTH TRANSPORTATION AND PUBLIC WORKS STORM WATER MANAGEMENT Scope of Services and Schedule Logo and Design Concepts January 23 January 25 January 29 January 31 February 1 Watershed Direct Mail February 5 February 7 February 9 February 12 February 14 Kiosk Display February 21 February 23 February 26 February 28 March 1 Annual Report Card April 10 April 12 April 17 April 19 Apri123 Apri125 Apri130 Exhibit A Verve presents logo and design concepts Feedback from City of Fort Worth Verve presents revisions Feedback from City of Fort Worth Verve delivers final version Verve presents design concepts Feedback from City of Fort Worth Verve presents direct mail revisions Feedback from City of Fort Worth Verve presents final direct mail files Verve presents kiosk concepts Feedback from City of Fort Worth Verve presents kiosk revisions Feedback fi•om City of Fort Worth Verve delivers final kiosk files Verve presents Annual Report concepts Feedback from City of Fort Worth Verve presents Annual Report revisions Feedback from City of Fort Worth Verve presents Annual Report revisions Feedback from City of Fort Worth Verve delivers final Annual Report files Schedule may change due to approval process on part of City of Fort Worth or other extenuating circumstances. FORTWORTH TRANSPORTAT[ON AND PUBLIC WORKS STORM WATER MANAGEMENT Contract Compensation Exhibit B Watershed Study Direct Mail Pieces $1,378.57 each Up to 7 pieces Display Kiosk Annual Report Card Water Bill Insert $3,500 $8,650 $1,200 All campaign materials must be in English and Spanish with the exception of the display kiosk. Compensation includes logo, design concepts, layout, translation and copy editing and will not include any print services, postage, insertion fees or display hardware. Vendor will provide up to four proofs for each campaign piece as well as camera ready art in the appropriate format to selected printers.