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HomeMy WebLinkAboutContract 42987CITY SECRETARY CONTRACT No. `i a q 81 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, Parker, and Wise Counties, Texas and CLEAR MESSAGE COMMUNICATION, LLC DBA IGNITE IT GROUP (IIG) ( "Consultant ") acting by and through Shelly T. Kulesza, its duly authorized Director and Principal. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional consulting services for the purpose of providing the City of Fort Worth Code Compliance Department with professional services to develop and implement education /outreach campaigns to create awareness about the City's residential and commercial recycling programs, as well as their anti - littering campaign. Attached hereto and incorporated for all purposes incident to this Agreement is Attachment A more specifically describing the services to be provided hereunder. 2. TERM. This Agreement shall commence upon execution by the parties, ( "Effective Date ") and terminate upon completion of the work specified or one year from date of execution whichever is earlier, and unless terminated earlier in accordance with the provisions of this Agreement. Articles 6 and 8 herein shall survive the term of this agreement. 3. COMPENSATION. This is a fixed -price contract. The City shall pay Consultant an amount not to exceed Fifty Nine Thousand, Two Hundred Fifty Five Dollars ($59,255.00) in accordance with the fee schedule incorporated herein as Attachment B, and subject to the other terms and conditions of this Agreement, in exchange for completion of all tasks and delivery of all services listed in Attachment A, Scope of Work. In the event of partial performance the City shall pay Contractor for only the itemized tasks completed and delivered. 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 services and 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 duly approves such expenses in a contract amendment executed by the City Manager or Assistant City Manager. The Contractor shall monthly payment invoices to the City. Invoices shall contain a detailed breakdown to include: task or deliverables to the City and date provided for the billing period, the amount billed for each task or deliverable, and the total amount due. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor's invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. 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. Professional Services Agreement - 2012 Recycling Education and Ad Campaign OFFICIAL RECORD Clear Message Communication, LLC, aka Ignite It Group Page 1 of 11 CITY SECRETARY FT. WORTH, TX 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 or consultant shall reimburse the City for services paid for but not actually rendered, up to the date of notice 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, Professional Services Agreement - 2012 Recycling Education and Ad Campaign Clear Message Communication, LLC, aka Ignite It Group Page 2 of 11 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. 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 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 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 Professional Services Agreement — 2012 Recycling Education and Ad Campaign Clear Message Communication, LLC, aka Ignite It Group Page 3 of 11 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 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 applicable 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. The City reserves the right to make reasonable requests or revisions pertaining to the types and limits of that coverage. 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. During the performance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article III of the Code of the City of Fort Worth. Contractor agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment. Professional Services Agreement — 2012 Recycling Education and Ad Campaign Clear Message Communication, LLC, aka Ignite It Group Page 4 of 11 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 CITY: City of Fort Worth Code Compliance Department Attn: Kim Mote, Assistant Director 1000 Throckmorton Fort Worth TX 76102 -6311 14. GOVERNMENTAL POWERS. To CONSULTANT: Clear Message Communication /aka Ignite It Group Attn: Shelly Kulesza, Director 5501 LBJ Freeway, Suite 240 Dallas, TX 75240 It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 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 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. 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 (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. 19. 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. 20. REVIEW OF COUNSEL. Professional Services Agreement - 2012 Recycling Education and Ad Campaign Clear Message Communication, LLC, aka Ignite It Group Page 5 of 11 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. 21. 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. 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. 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. The remainder of this page is left intentionally blank Professional Services Agreement - 2012 Recycling Education and Ad Campaign Clear Message Communication, LLC, aka Ignite It Group Page 6 of 11 ATTACHMENT A SCOPE OF WORK Recycling Education Outreach Campaign - 2012 • Public Service Announcement — development of PSA to support the 2012 education campaign. Development includes storyboarding, content development, and production consulting. NOTE: Actual PSA production /talent/voice are not included in this pricing. If the City requests this, IIG will provide this pricing as a separate item outside the scope of this contract. • New Flyer Development — design and development of a flyer or other supporting marketing piece to reinforce the 2012 education campaign. This will be used by Code as well as Community Outreach to support additional "feet on the street" education efforts. Includes up to 2 marketing pieces. • New Direct Mail — Recycle Audit Template + 4 Setups — new 2012 design for the audit residential report cards. Also supports the setup of quarterly mailings. • New Youth Recycle Communication — design and development of a new 2012 Youth recycling piece that will support the Community Outreach education done within the elementary schools. • Website Enhancements — support of layout/content/images to post on the Recycling Education page of the City's website. As new messages and programs are developed, communication will be updated to maintain alignment with online communication. • 2012 Video Development — development of "shorts" to support ongoing online education. Development includes up to 10 new "shorts" up to 1 minute in length. • New Ad Design Series — design and development of supporting advertisements that will be placed in various magazines or on various websites in conjunction with the 2012 campaign. Includes up to 3 unique designs for the contract year and the sizing for up to 10 ad placements. • New Billboard Design Series — design and development of billboard artwork that will support the 2012 campaign. Includes up to 2 unique designs for the contract year. • "Blue Crew in Action" Photo Shoot — onsite directing for photo shoot conducted with City photographer. • Blue Crew Comic Strips — design and development of comic strips that will highlight the blue crew in action. These strips will support various components of the campaign including youth education, online communication, and social media efforts. These may also be leveraged into print campaigns if appropriate. Includes up to 5 strips for this contract year. • Community Education Training Development — design and development of a learning event for the community. This will support up to 3 1 -hour learning sessions throughout the contract year. Content and delivery of the course will be supported by the City's Code Compliance Department. Design of the course and supporting activities will be provided by IIG. • Think Green Rewards Recycling Campaign — consulting support and collateral creative direction to support the efforts of WMS. Professional Services Agreement — 2012 Recycling Education and Ad Campaign Clear Message Communication, LLC, aka Ignite It Group Page 7 of 11 Littering Education Outreach Campaign - 2012 • New Billboard Design — design and development of billboard artwork that will support the 2012 campaign. Includes up to 2 unique designs for the contract year. • Collateral Development — design and development of a flyer or other supporting marketing piece to reinforce the campaign. Commercial Recycling Education Outreach Campaign - 2012 • Commercial Recycling Toolbox — design and development of components for the online toolbox. These components will be designed to provide easy printing or download options. Includes up to 2 unique designs for the contract year. • Collateral Development — design and development of a flyer or other supporting marketing piece to reinforce the campaign. Additional Services • Miscellaneous Writing Efforts — for media releases, promotional, etc. (up to 15 hours) • General Consulting — for special programs and projects (up to 60 hours) • General Design Services — for special programs and projects (up to 60 hours) • Attend various face -to -face meetings with city staff and other vendors • Provide print -ready for all collaterals, liaison with printers and perform press checks as needed The remainder of this page is left intentionally blank Professional Services Agreement — 2012 Recycling Education and Ad Campaign Clear Message Communication, LLC, aka Ignite It Group Page 8 of 11 ATTACHMENT B FEE SCHEDULE Recycling Education Outreach Campaign - 2012 Public Service Announcement - development of PSA to support pport the 2012 education campaign. $1105.00 Development includes storyboarding, content development, and production consulting. I NOTE: Actual PSA production /talent /voice are not included in this pricing. If the City requests this, IIG will provide this pricing as a separate item outside the scope of this contract. New Flyer Development - design and development of a flyer or other supporting marketing $3060.00 piece to reinforce the 2012 education campaign. This will be used by Code as well as Community Outreach to support additional "feet on the street" education efforts. Includes up to 2 marketing pieces. New Direct Mail - Recycle Audit Template + 4 Setups - new 2012 design for the audit residential report cards. Also supports the setup of quarterly mailings. $2380.00 New Youth Recycle Communication - design and development of a new 2012 Youth recycling $1985.00 piece that will support the Community Outreach education done within the elementary schools. Website Enhancements - support of layout /content /images to post on the Recycling $1530.00 Education page of the City's website. As new messages and programs are developed, communication will be updated to maintain alignment with online communication. 2012 Video Development - development of "shorts" to support ongoing online education. i $8500.00 Development includes up to 10 new "shorts" up to 1 minute in length. New Ad Design Series - design and development of supporting g g p advertisements that will be placed in various magazines or on various websites in conjunction with the 2012 campaign. $1530.00 Includes up to 3 unique designs for the contract year and the sizing for up to 10 ad placements. New Billboard Design Series - design and development of billboard artwork that will support ; $2805.00 the 2012 campaign. Includes up to 2 unique designs for the contract year. "Blue Crew in Action" Photo Shoot - onsite directing for photo shoot conducted with City $935.00 photographer. Blue Crew Comic Strips - design and development of comic strips that will highlight the blue $3655.00 crew in action. These strips will support various components of the campaign including youth education, online communication, and social media efforts. These may also be leveraged into print campaigns if appropriate. Includes up to 5 strips for this contract year. Community Education Training Development - design and development of a learning event $9765.00 for the community. This will support up to 3 1 -hour learning sessions throughout the contract Professional Services Agreement — 2012 Recycling Education and Ad Campaign Clear Message Communication, LLC, aka Ignite It Group Page 9 of 11 year. Content and delivery of the course will be supported by the City's Code Compliance j Department. Design of the course and supporting activities will be provided by IIG. $1105.00 Think Green Rewards Recycling Campaign - consulting support and collateral creative direction to support the efforts of WMS. Littering Education Outreach Campaign - 2012 $2805.00 New Billboard Design - design and development of billboard artwork that will support the 2012 campaign. Includes up to 2 unique designs for the contract year. Collateral Development - design and development of a flyer or other supporting marketing $1530.00 piece to reinforce the campaign. � Commercial Recycling Education Outreach Campaign - 2012 I $3060.00 Commercial Recycling Toolbox - design and development of components for the online toolbox. These components will be designed to provide easy printing or download options. j Includes up to 2 unique designs for the contract year. j $1530.00 Collateral Development - design and development of a flyer or other supporting marketing piece to reinforce the campaign. Additional Services I 1 $1275.00 I Miscellaneous Writing Efforts - for media releases, promotional, etc. (up to 15 hours) $5350.00 General Consulting - for special programs and projects (up to 60 hours) $5350.00 General Design Services - for special programs and projects (up to 60 hours) Included Attend various face -to -face meetings with city staff and other vendors Included Provide print -ready for all collaterals, liaison with printers and perform press checks as needed $59,255.00 TOTAL The remainder of this page is left intentionally blank Professional Services Agreement - 2012 Recycling Education and Ad Campaign Clear Message Communication, LLC, aka Ignite It Group Page 10 of 11 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have executed this Agreement: CITY OF FORT WORTH: By: Charles W. Danie s Assistant City Manager Date: aJ. 4 % /Z APPROVED AS TO FORM AND LEGALITY: By: f Assistant City Attorney ATTEST: By: 7A City Sec M &C: Date: I CLEAR MESSAGE COMMUNICATIONS, LLC DBA IGNITE IT GROUP (IIG) By. .2.: � ;, -2--9 � Shelly . K lesza Direc r WITNESS: Signed: _ 1 Print Name: Professional Services Agreement — 2012 Recycling Education and Ad Campaign Clear Message Communication, LLC, aka Ignite It Group Page 11 of 11 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX V CERTIFICATE OF LIABILITY INSURANCE 037 E0 5 /-2 0 112 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HARTFORD FIRE INSURANCE COMPANY 250760 P: () - F: () - PO BOX 33015 SAN ANTONIO TX 78265 CONTACT NAME: PHONE ANo, Ext: (A/C,NOI: E -MAIL ADDRESS: PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # EACH OCCURRENCE INSURED INSURER A : Hartford Lloyd's Ins Co 5 300, 0 0 0 INSURER B: Hartford Casualty Ins Co S 10 , 0 00 CLEAR MESSAGE COMMUNICATION, LLC $ 1, 000, 000 5501 LYNDON B JOHNSON FWY STE 240 INSURER C $ 2,000, 000 EN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO f x I LOC PRODUCTS - COMP /OP AGG DALLAS TX 75240 INSURER D $ INSURER E AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS INSURER F 46 SBM IF2009 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR LTR TYPE OF INSURANCE / VD POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY E P (MM/DD/YYYY ) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X General Liab 46 SBM IF2009 12/10/2011 12/10/2012 EACH OCCURRENCE $ 1,000,000 DAMAGE R PREMISEST(Ea occurrence) 5 300, 0 0 0 MED EXP (Any one person) S 10 , 0 00 PERSONAL & ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2,000, 000 EN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO f x I LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 46 SBM IF2009 12/10/2011 12/10/2012 COMBINED SINGLE LIMIT (Ea accident) 5 1,000, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ S UMBRELLA L/AB EXCESS L /AB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSAT /ON AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 76 76 WEG TZ5813 12/12/2011 12/12/2012 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEEI $ 00,000 E.L. DISEASE - POLICY LIMIT I S 500, 0 0 0 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional RemanYs Schedule, iI mom space is royuimdl Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION City of Fort Worth 1000 THROCKMORTON ST FORT WORTH, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR /ZED REPRESENTATIVE 7&z_ c 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/21/2012 Ab4�k& dam: hrFam^, �..".^ v�e4.. �stiutt :".,�Yiv_,..[�we'k.*+...+w�3�Y TXsXR5�S93a9�FY .i.�WiPW:R= �S�M.'6'Y�N�. XA 6\.» �: e,' M�Aa. �YV #+^*AN.VKw ^:G`s+iti'.+mw'w..+!ih �ro�aws: vita =.ssc C..•3�:air xw., .�:z: Ts ^.. �t s.:: ., �., ..:::.x .» �,..a. ^^.y, ..i� ^ ^�: +. DATE: Tuesday, February 21, 2012 REFERENCE NO.: **G -17523 LOG NAME: 23RECYCLING PUBLIC EDUCATION CAMPAIGN- IGNITE IT GROUP SUBJECT: Authorize Execution of a Professional Services Agreement in the Amount of $59,255.00 with Clear Message Communication, LLC d /b /a Ignite It Group, to Provide Professional Consulting Service to Develop a Public Education /Outreach Campaign on Recycling (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council approve the execution of a contract for professional services in the amount of $59,255.00 using revenues from the Solid Waste Fund to provide for the continuation of services by Clear Message Communication, LLC d /b /a Ignite It Group, to the Code Compliance Department for the development and implementation of a public education campaign to the residents about the City's recycling program. DISCUSSION: 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 our contractor. Continuing public education is critical to the success of the City of Fort Worth (City) curbside recycling operations. 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 15 percent. The Solid Waste Services Division of the Code Compliance Department seeks to maintain this trend as well as increase the amount of recyclable materials set out for collection by continuing effective education efforts. Solid Waste Services will enhance this effort by contracting with Clear Message Communication, LLC d /b /a Ignite It Group (Ignite It Group), for professional services to continue to develop and implement education /outreach campaigns to create public awareness about the City's residential and commercial recycling programs, as well as the anti - littering campaign. This is a fixed -price contract. The City shall pay Ignite It Group an amount not to exceed $59,255.00 in accordance with the scope of work and fee schedule incorporated in the contract. Funding for this project will come from monies deposited with the City from Waste Management as part of the contractual obligation to fund public education. M/WBE: A waiver of the goal for M/WBE subcontracting requirements was requested and approved by the M /WBE Office for this contract. Also, the firm Clear Message Communication, LLC d /b /a Ignite It Group, is an M/WBE firm. FISCAL INFORMATION / CERTIFICATION: Logname: 23RECYCLING PUBLIC EDUCATION CAMPAIGN- IGNITE IT GROUP Page I of 2 funds are available in the current operating budget, as appropriated, of the Solid Waste Fund. FUND CENTERS: TO Fund /Account/Centers FROM Fund /Account/Centers PE64 539120 0239909 $59,255.00 CERTIFICATIONS: Submitted for City Manager's Office by: Charles Daniels (6199) Originating Department Head: Brandon Bennett (6345) Additional Information Contact: Kim Mote (5153) ATTACHMENTS 1. PE64- 53ZZZZ- 0239909.doc (CFW Internal) 2. Professional Services Agreement - Recycling 2012 - Ignite It Group Final.doc (Public) 3. RFP Education OutreachCampaignsFlNAL.pdf (Public) 4. Wavier for Education Outreach Campaigns. pd (CFW Internal) Logname: 23RECYCLING PUBLIC EDUCATION CAMPAIGN- IGNITE IT GROUP Page 2 of 2