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HomeMy WebLinkAboutContract 47310 (2)C'� DEC — 7 2015 1 �i�SE�ET�,� PROFESSIONAL SERVICES AGREEMENT CITY WWROTicoNin n2 .._•-/ 1.4_4 ofrk RECEJVED�'� )IN) 0 t'This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and throughJe5os J f&, its duly authorized Assistant City Manager, and Clear Message Communication LLC ci/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. Professional Services Agreement Clear Message Communication LLC d/b/a Ignite It Group OFFICIAL RECORD CITY SECRETARY FT. WORTH, rri Revised June 2012 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 Obliaations 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: City of Fort Worth Attn: Susan Alanis, Assistant City Manager 1000 Throckmorton Fort Worth TX 76102-6311 Facsimile (817) 392-8654 With Copy to the City Attorney At same address 14. GOVERNMENTAL POWERS/IMMUNITIES To Consultant: Clear Message Communications d/b/a Ignite It Group Attn: Shelly Kulesza CEO 2201 Long Prairie Rd., Ste. 107-270 Flower Mound, TX 75022 Phone: 469 450-6584 E mail shelly.kulesza@igniteitgroup.com 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 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] IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples thi day of 2015. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Jesus J. Chapa Assistant City Manager Date: /2/\ c-7 APPROVAL RECOMMENDED: By: Name: Title: ATTES By: Mdry Kayser City Secreta' eat) coo 1-3 r act hal i 1st 13 on .it01_5 rrkz!t.ssional Services Agreement lear Message Communication LLC d/b/a Ignite It Group �foRTtom y<.3• 0 0 0 trE r'ittweirit S OFFICIAL RECOR� CITY SECRETARY. Ft. WORTH, TX Revised June 2012 APPROVED AS TO FORM AND LEGALITY: B 2 I Ci tyr Christa R. Lopez-R yholds Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: P -i13)11 Date Approved: ORGANIZATION: - J:RA Ofc.7. Name: l,l,� " icuLe (�ttA Title: Date: l l / -79 ATTEST: By: �Q11 Title: OiLtNe).P 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 ayor and Council ommunic. ti COUNCIL ACTION: Approved on 12/1/2015 DATE: LOG NAME: 13P15-0330 ENVIRONMENTAL EDUCATION MJR 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) Tuesday, December 01, 2015 REFERENCE NO.: **P-11814 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. M/WBE OFFICE — A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE 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: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 15 0330 MWBE Waiver.pdf 2. Ianite It Group EPLS 15.pdf Susan Alanis (8180) Aaron Bovos (8517) Jane Rogers (8385) Jack Dale (8357)