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HomeMy WebLinkAboutContract 46956 CITY SECRIETARY CONTRACT NO, PRINT SERVICES AGREEMENT This PRINT SERVICES AGREEMENT ("Agreement") is made and entered into by and ;between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation of the State of Texas, acting by and through Susan Alanis, its duly authorized Assistant City Manager, and Stone Shield Investments, LLC d/b/a Digital Press ("Contractor") a Texas corporation, acting by and through Mike Marsh its duly authorized President. CONTRACT DOCUMENTS: The Contract documents shall include the following: 1) This Agreement plus all attachments listed below, which are attached hereto and incorporated herein for all purposes incident to this Agreement: a Exhibit A—Scope of Services b. Exhibit B—Fee Schedule C. Exhibit C—Official City of Fort Worth Logo Policy and Administrative Regulation D4 2) City of Fort Worth Request for Proposals ("RFP") No. 15-0178, which is incorporated herein by reference for all purposes incident to this Agreement; and 3)Vendor's response to that proposal ("Response") dated May 14, 2015, which is incorporated herein by reference for all purposes incident to this Agreement. In the event of any conflict between the documents, the terms and conditions of this Agreement plus all attachments shall control. The term "Consultant" or "Contractor" shall include the Consultant or Contractor, and its officers, agents, employees, representatives, servants, contractors or subcontractors. The term"City" shall include its officers, employees, agents, and representatives. 1. GENERAL 1.1 Contractor hereby agrees to provide the City, in accordance with appropriate professional standards, a full range of printing services, as outlined in Exhibit "A," including any attachments thereto, all of which are hereby made part of this Agreement for all purposes. Exhibit "A" constitutes, at least in part, a proposal presented by Contractor to the City prior to the Effective Date of this Agreement, as hereafter defined. 1.2 City and Contractor both recognize and acknowledge the professional nature of this Agreement. Being cognizant that issues of interpretation and performance will inevitably arise, both parties agree to consult with each other and covenant to negotiate in the utmost good faith in order to ensure performance of this Agreement without hindrance. 1.3 Work Product and City's Official Logo. All work produced by Contractor under this Agreement (collectively the "Work Product") shall be considered to be works for hire and will be the sole and exclusive property of the City. In the event that the Work Product is not copyrightable subject matter or is for any reason not deemed to be works for hire, Contractor hereby assigns all rights, title and interest in the Work Product to the City in perpetuity and will execute any documents required to evidence such assignment. Wit out Iimiting-the-, goi g, Contractor understands and agrees OFFICIAL RECORD CITY SECREINWY FT WORTH, TX that Contractor shall not retain any ownership rights whatsoever in or to the Work Product. Contractor hereby warrants and represents that the Work Product will be original work and will not infringe on or violate rights of any person or entity, including,without limitation, any copyrights, trademarks or rights of privacy or publicity. This provision shall survive the termination or expiration of this Agreement. Contractor further agrees that the City shall be the sole and exclusive owner of and shall be vested with all rights, title and interest in and to the design, fabrication, mold, cast, dye, electronic files, documents, derivative works, drawings, and renderings related to, created, published, displayed, produced and/or reproduced in conjunction with the creation and reproduction of the City of Fort Worth's official logo provided under this Agreement, collectively, the"Logo," an image of which is attached hereto and incorporated herein for all purposes. The Logo shall not be altered, changed, or modified in any way from the design attached hereto. Further, the City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret, derivative work, and other intellectual and proprietary rights in and to the Logo. Ownership of the Logo shall inure to the benefit of the City from the date of conception, creation, or fixation of the Logo in a tangible medium of expression or reproduction in any medium to reproduce the Logo (whichever occurs first). Each copyrightable aspect of the Logo shall be considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, or other applicable federal Copyright statute. If and to the extent such Logo, or any part thereof, is not considered a "work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended, or other applicable federal Copyright statute, Contractor or Vendor hereby expressly assigns to the City all exclusive rights, title and interest in and to the Logo, including all copyright, patent, trademark, trade secrets, derivative works, and other intellectual and 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. The Contractor or Vendor shall not have the right to use a Subcontractor to provide services under this Agreement unless approved in writing by the City. If approved by the City,the Subcontractor shall execute a written agreement with the Contractor referencing this Agreement, and such agreement shall include the language set forth in this provision, under which the Subcontractor shall agree to be bound by the same duties and obligations of the Contractor or Vendor, and shall acknowledge and agree to the City's rights, under the terms and conditions of this Agreement as such duties and obligations may apply. The Contractor or Vendor shall provide the City with a fully executed copy of any such subcontract so as to ensure the City's ownership of the Logo as provided herein, and shall not commence the deployment of any such Subcontractor until such agreement has been obtained from such Subcontractor and delivered to the City. 2. AGREEMENT TERM 2.1 The term of the Agreement will commence upon the last date that both the City and Contractor have executed this Agreement (the `Effective Date") and shall continue in full force and effect until February 4, 2017, unless terminated earlier in accordance with the provisions of this Agreement. 2.2 City shall have the sole right to renew this Agreement for two (2) additional one-year terms. If City desires to exercise an option to renew, City shall notify Contractor in writing of its intention to renew at least 60 days prior to the end of the then-current term. Compensation to be paid during any option term shall be the same as that provided for in the Initial Term. Print Services Agreement, Stone Shield Investments, LLC, Page 2 of 23 3. INVOICING AND COMPENSATION 3.1 The City shall pay the Contractor an estimated amount of up to $300,000.00 annually, in accordance with the provisions of this Agreement and the Fee Schedule attached as Exhibit "B," which is incorporated for all purposes herein. Contractor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. Contractor agrees that no guarantee is made by the City that a specific amount of services will be purchased under this Agreement. The City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless the City first approves such expenses in writing. 3.2 In the event of a disputed or contested billing, only the portion so contested will be withheld from payment, and the undisputed portion will be paid. The City will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing; provided, however, that City shall make payment in full to Contractor within 30 days of the date the contested matter is resolved. 4. MINORITY BUSINESS ENTERPRISE (MBE)PARTICIPATION 4.1 A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the Minority/Women Owned Business Enterprise (M/WBE) Office, in accordance with the Business Diversity Enterprise (BDE) Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. 5. TERMINATION 5.1 Written Notice The City or Contractor may terminate this Agreement at any time, with or without cause, by providing the other party with 60 days' written notice of termination. Upon the receipt of any 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 Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. 5.2 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 Contractor 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. 5.3 Duties and Obligations of the Parties following Termination In the event that this Agreement is terminated prior to the expiration of the then current term, Contractor shall, to the extent permissible by applicable law, provide the City with copies of all completed or partially completed documents prepared under this Agreement at no additional cost to the City. City shall pay Contractor for services actually rendered up to the effective date of termination and Contractor shall continue to provide the City with services Print Services Agreement, Stone Shield Investments, LLC,Page 3 of 23 requested by the City and in accordance with this Agreement up to the effective date of termination. The City also 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. CONTRACTOR FURTHER AGREES TO RETURN TO THE CITY OR DESTROY, AND CERTIFY IN WRITING OF SUCH DESTRUCTION, OF ANY FILES OR DOCUMENTS THAT CONTAIN THE CITY'S LOGO PROVIDED IN EXHIBIT "C." CONTRACTOR SHALL NOT BE ENTITLED TO ANY LOST OR ANTICIPATED PROFITS SHOULD THE CITY ELECT TO TERMINATE THIS AGREEMENT. 6. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION 6.1 Disclosure of Conflicts Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to services to be performed under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing. Contractor, 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. Contractor 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. Contractor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 6.2 Confidential Information. The City acknowledges that Contractor may use products, materials, or methodologies proprietary to Contractor. The City agrees that Contractor's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials, or methodologies unless the parties have executed a separate written agreement with respect thereto. Contractor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Notwithstanding the foregoing, Contractor understands and agrees that the City is a public entity under the laws of the State of Texas, and as such, is subject to various public information laws and regulations, including, but not limited to, the Texas Public Information Act, Chapter 552 of the Texas Government Code (the "Act"). Contractor acknowledges that, under the Act, the following information is subject to disclosure: 1) all documents and data held by the City, including information obtained from the Contractor, and 2) information held by the Contractor for or on behalf of City that relates to the transaction of City's business and to which City has a right of access. If the City receives a request for any documents that may reveal any of the City's proprietary information under the Act, or by any other legal process, law, rule, or judicial order by a court of competent jurisdiction, the City will utilize its best efforts to notify Contractor prior to disclosure of such documents. The City shall not be liable or responsible in any way for the disclosure of information not clearly marked as "Proprietary / Confidential Information" or if disclosure is required by the Act or any other applicable law or court order. In the event there is a Print Services Agreement, Stone Shield Investments, LLC, Page 4 of 23 request for such information, it will be the responsibility of Contractor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by the City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 6.3 Unauthorized Access. Contractor 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. Contractor 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, Contractor 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. 7. RIGHT TO AUDIT 7.1 Contractor agrees that the City shall, until the expiration of five (5) years after final payment under this Agreement, have access to and the right to examine, to the extent permissible by applicable law, at reasonable times any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this Agreement at no additional cost to the City. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor 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 Contractor reasonable advance notice of intended audits. Contractor agrees to photocopy such documents as may requested by the City. City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 7.2 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 expiration of five (5) 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. Subcontractor shall be required to photocopy such documents as may be requested by the City. City agrees to reimburse subcontractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. This section shall survive the expiration or termination of this Agreement. 8. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate hereunder 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, Contractor 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, Print Services Agreement, Stone Shield Investments, LLC, Page 5 of 23 employees, contractors and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Contractor its officers, agents, employees, servants, contractors and subcontractors. Nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. 9. LIABILITY AND INDEMNIFICATION 9.1 LIABILITY - CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR 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 ACTS) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES IN PERFORMANCE OF THIS AGREEMENT. 9.2. INDEMNIFICATION- CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCL UDING, BUT NOT LIMITED TO, THOSE FOR PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT BY CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, SERVANTS, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS; OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT,ITS OFFICERS, AGENTS, ASSOCIATES, SERVANTS, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT; THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS. IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. 9.3 CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS AND ASSIGNEES TO INCLUDE IN THEIR SUBCONTRACTS OR ASSIGNMENTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. 9.4. INTELLECTUAL PROPERTY INFRINGEMENT — CONTRACTOR AGREES TO DEFEND, SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE, ANY CLAIM OR ACTION AGAINST THE CITY FOR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE MARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT Print Services Agreement, Stone Shield Investments, LLC, Page 6 of 23 ARISING FROM CITY'S USE OF THE SOFTWARE, ART WORK, CLIPART, GRAPHICS, LOGOS, IMAGES, PRE-DESIGNED TEMPLATES, PROCESSING, PRINTING SERVICES AND/OR DOCUMENTATIONINACCORDANCE WITH THIS AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND, SETTLE OR PAY SHALL NOT APPLY IF THE CITY MODIFIES OR MISUSES THE SOFTWARE, ART WORK, CLIPART, GRAPHICS, LOGOS, IMAGES, PRE- DESIGNED TEMPLATES, PROCESSING, PRINTING SERVICES AND/OR DOCUMENTATION. SO LONG AS CONTRACTOR BEARS THE COST AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONS AGAINST THE CITY PURSUANT TO THIS SECTION 9, CONTRACTOR SHALL HAVE THE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM; HOWEVER, CITY SHALL HAVE THE RIGHT TO FULLY PARTICIPATE IN ANY AND ALL SUCH SETTLEMENT, NEGOTIATIONS, OR LAWSUIT AS NECESSARY TO PROTECT THE CITY'S INTEREST,AND CITY AGREES TO COOPERATE WITH CONTRACTOR IN DOING SO. IN THE EVENT CITY, FOR WHATEVER REASON, ASSUMES THE RESPONSIBILITY FOR PAYMENT OF COSTS AND EXPENSES FOR ANY CLAIM OR ACTION BROUGHT AGAINST THE CITY FOR INFRINGEMENT ARISING UNDER THIS AGREEMENT, THE CITY SHALL HAVE THE SOLE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL NEGOTLATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM, HOWEVER, CONSULTANT SHALL FULLY PARTICIPATE AND COOPERATE WITH THE CITYINDEFENSE OF SUCH CLAIM OR ACTION. CITY AGREES TO GIVE CONTRACTOR TIMELY WRITTEN NOTICE OF ANY SUCH CLAIM OR ACTION, WITH COPIES OF ALL PAPERS CITY MAY RECEIVE RELATING THERETO. NOTWITHSTANDING THE FOREGOING, THE CITY'S ASSUMPTION OF PAYMENT OF COSTS OR EXPENSES SHALL NOT ELIMINATE CONTRACTOR'S DUTY TO INDEMNIFY THE CITY UNDER THIS AGREEMENT. IF THE SOFTWARE, ART WORK, CLIPART, GRAPHICS, LOGOS, IMAGES, PRE-DESIGNED TEMPLATES, PROCESSING, PRINTING SERVICES AND/OR DOCUMENTATION OR ANY PART THEREOF IS HELD TO INFRINGE AND THE USE THEREOF IS ENJOINED OR RESTRAINED OR, IF AS A RESULT OFA SETTLEMENT OR COMPROMISE, SUCH USE IS MATERIALLYADVERSELY RESTRICTED, CONSULTANT SHALL, AT ITS OWN EXPENSE AND AS CITY'S SOLE REMEDY, EITHER: (A) PROCURE FOR CITY THE RIGHT TO CONTINUE TO USE THE SOFTWARE, ART WORK, CLIPART, GRAPHICS, LOGOS, IMAGES, PRE-DESIGNED TEMPLATES, PROCESSING, PRINTING SERVICES AND/OR DOCUMENTATION, OR (B) MODIFY THE SOFTWARE, ART WORK, CLIPART, GRAPHICS, LOGOS, IMAGES, PRE-DESIGNED TEMPLATES, PROCESSING, PRINTING SERVICES AND/OR DOCUMENTATION TO MAKE IT NON-INFRINGING, PROVIDED THAT SUCH MODIFICATION DOES NOT MATERMLLY ADVERSELY AFFECT CITY'S AUTHORIZED USE OF THE SOFTWARE, ART WORK, CLIPART, GRAPHICS, LOGOS, IMAGES, PRE-DESIGNED TEMPLATES, PROCESSING, PRINTING SERVICES AND/OR DOCUMENTATION; OR (C) REPLACE THE SOFTWARE, ART WORK, CLIPART, GRAPHICS, LOGOS, IMAGES, PRE-DESIGNED TEMPLATES, PROCESSING, PRINTING SERVICES AND/OR DOCUMENTATION WITH EQUALLY SUITABLE, COMPATIBLE, AND FUNCTIONALLY EQUIVALENT NON- INFRINGING SOFTWARE, ART WORK, CLIPART, GRAPHICS, LOGOS, IMAGES, PRE-DESIGNED TEMPLATES, PROCESSING, PRINTING SERVICES AND/OR Print Services Agreement, Stone Shield Investments, LLC, Page 7 of 23 DOCUMENTA TION A T NO ADDITIONAL CHARGE TO CITY, OR (D) IF NONE OF THE FOREGOING ALTERNATIVES IS REASONABLY AVAILABLE TO CONTRACTOR, TERMINATE THIS AGREEMENT, AND REFUND ALL AMOUNTS PAID TO CONTRACTOR BY THE CITY,SUBSEQUENT TO WHICH TERMINATION CITY MAY SEEK ANY AND ALL REMEDIES AVAILABLE TO CITY UNDER LAW. CONTRACTOR'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE COVERAGE AND AMOUNTS SET FORTH IN SECTION 11 OF THIS AGREEMENT. 10. ASSIGNMENT Contractor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the express 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 Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor and Assignee shall be jointly liable for all obligations under this Agreement prior to the date of assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with Contractor referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor shall provide the City with a fully executed copy of any such subcontract. 11. INSURANCE 11.1 Prior to commencement of any work pursuant to this Agreement, Contractor shall provide the City's Purchasing Division with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect. 11.2 The City reserves the right to review the insurance requirements of this section during the effective period of the Agreement and any extension or renewal hereof, and to modify insurance coverage and limits when deemed necessary and prudent by the City's Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this Agreement, but in no instance will the City allow modification whereupon the City may incur increased risk. 11.3 Contractor's financial integrity is of interest to the City; therefore, subject to Contractor's right to maintain reasonable deductibles, Contractor shall obtain and maintain in full force and effect for the duration of the Agreement, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, except Technology and Professional Liability, which may be written on a claims-made basis. All insurance required under this Agreement must be written by a company that is authorized and admitted to do business in the State of Texas and that is rated A-VII or better by A.M. Best Company or similar rating acceptable to the City. Coverage shall be written in the following types and amounts: 11.3.1 Workers' Compensation—Statutory Employers' Liability-$500,000/$500,000/$500,000 11.3.2 Commercial General (Public) Liability Insurance to include the following types of coverage: Premises/Operations, Independent contractors, Products/Completed Operations, Personal Injury, and Contractual Liability. Print Services Agreement, Stone Shield Investments, LLC, Page 8 of 23 (Combined Single Limit for Bodily Injury and Property Damage $1,000,000 per Occurrence and $2,000,000 Aggregate) 11.3.3 Automobile Liability for Owned/Leased vehicles, Non-Owned vehicles, and Hired Vehicles (Combined Single Limit for Bodily Injury and Property Damage $1,000,000 per accident) 11.3.4 Commercial Umbrella- $1,000,000 per occurrence$1,000,000 Aggregate 11.3.5 Professional (Errors and Omissions) including Technology Liability - $1,000,000 per Claim, $1,000,000 Aggregate 11.4 For coverage underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the Effective Date of the Agreement and the certificate of insurance shall state the coverage is claims-made and indicate the retroactive date. 11.5 All required insurance shall be maintained for the duration of the Agreement and for five (5) years following completion of the service provided under the Agreement. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 11.6 City shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the City, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Upon such request by the City, Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. 11.7 Contractor agrees that with respect to the above-required insurance, all insurance contracts and Certificate(s) of Insurance will contain the following required provisions: 11.7.1 With the exception of Workers' Compensation and Professional Liability policies, name the City and its officers, employees, officials, agents, and volunteers as additional insureds in respect to operations and activities of, or on behalf of, the named insured performed under the Agreement with the City. 11.7.2 An endorsement stating that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insured retention carried by the City for liability arising out of operations under the Agreement with the City. 11.7.3 Contractor's Workers' Compensation and Employers' Liability policy will provide a waiver of subrogation in favor of the City. 11.8 Contractor shall notify the City in the event of any notice of cancellation, non-renewal or material change in coverage and shall give such notices not less than thirty(30) days prior to the change, or ten (10) days' notice for cancellation due to nonpayment of premiums, which notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to the City at the following address: City of Fort Worth Print Services Agreement, Stone Shield Investments, LLC, Page 9 of 23 Attn: Susan Alanis,Assistant City Manager 1000 Throckmorton Street Fort Worth, Texas 76102 A copy must also be sent to the City's Risk Manager at the same address. 11.9 If Contractor fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements,the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; however, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure such endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or the right to withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof 11.10 Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of the work covered under this Agreement. 11.11 Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 12. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS In fulfilling its obligations under this Agreement, Contractor, its officers, agents, servants, employees, and subcontractors, agree to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Contractor of any violation of such laws, ordinances,rules or regulations, Contractor shall immediately desist from and correct the violation. 13. NON-DISCRIMINATION COVENANT Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance Contractor'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 Contractor its personal representatives, assignees, subcontractors or successors in interest, Contractor agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. This Agreement is made and entered into with reference specifically to the provisions in the City Code of the City of Fort Worth prohibiting discrimination in employment practices,and Contractor hereby covenants and agrees that Contractor, its officers, agents, servants, employees, and subcontractors have fully complied with all provisions of same and that no employee or employee-applicant has been discriminated against by either Contractor, its officers,agents,servants,employees,or subcontractors. 14. NOTICES Print Services Agreement, Stone Shield Investments, LLC, Page 10 of 23 Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, its agents, employees, servants or representatives; (ii) delivered by facsimile with electronic confirmation of the transmission; or (iii) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To CONTRACTOR City of Fort Worth Stone Shield Investments,LLC Attn: Susan Alanis Attn: Mike Marsh 1000 Throckmorton Address: 1120 West Fuller Avenue Fort Worth TX 76102-6311 Fort Worth, TX 76115 Facsimile: (817)392-7766 Facsimile: (817) 921-5603 E-mail: susan.alanis @fortworthtexas.gov Email: mike @digitalpressprinting.com With Copy to City Attorney's, Office at same address 16. SOLICITATION OF EMPLOYEES Neither the City nor Contractor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. 17. GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 18. NO WAIVER The failure of the City or Contractor 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 Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 19. 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. 20. 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. 21. FORCE MAJEURE Print Services Agreement, Stone Shield Investments, LLC, Page 11 of 23 The City and Contractor agree that if either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests or restraints; civil disturbances; explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. 22. 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. 23. 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 against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 24. 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 that is executed by both parties. 25. ASSIGNMENT-DELEGATION 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.. 26. 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 Contractor, 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.. 27. SIGNATURE AUTHORITY Each person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of his/her respective party, and further warrants 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. Print Services Agreement, Stone Shield Investments, LLC, Page 12 of 23 [SIGNATURE PAGE FOLLOWS] Print Services Agreement, Stone Shield Investments, LLC, Page 13 of 23 E WHERE�OF WITNESS. 015. the parties hereto have executed this Agreement in multiples on this the 0+—'day of CITY OF FORT WORTH STONE SHIELD INVESTMENTS,LLC At Su' san'Alanis Mike M6rsh Assis-ia�nt City Manager President � -) C/ Date: G I Date: 0/ APPROVED AS TO FORM AND LEGALITY: 4,00 'Will Trevino Assistant City Attorney ATTEST: 00 1 Mary Kays, City Secret 'A" CONTRACT AUTHORIZATION. M&C: c2 7 7 Date Approved: 4— OFFICIAL IRECORD CITY SECRETARY FT.'Wi 0 R T 119 1 X Print Services Agreement, Stone Shield Investments, LLC, Page 14 of 23 EXHIBIT A Scope of Services Vendor agrees to perform the following in accordance with the highest professional industry standards. Vendor further agrees that usage of the City logo must meet the requirements of and be in accordance with the City's Official Logo Use Policy and the City of Fort Worth Administrative Regulation D4, copies of which are attached to this Agreement as Exhibit"C." I. Offset Printing 1. Contractor shall to receive City files and reproduce text, including word processing and graphics via electronic files(email, internet, external hard drive and jump drives). The City generally uses Microsoft Office and Adobe products and Contractor shall be able to produce from all MS Office and Adobe file formats. 2. Contractor shall provide pick-up and delivery service for all jobs submitted. Contractor must provide services within designated pick-up and delivery areas within a 20-mile radius of the City of Fort Worth, at no charge. 3. Contractor guarantees turnaround time of three(3) to five (5)business days. 4. Contractor shall provide after—hours (after 5:00 pm) emergency or rush services (6-hour turnaround time), and weekend services(24-hour turn-around). 5. Contractor shall provide an on-site press check when requested, unless other arrangements agreeable to the City are made. 6. Contractor shall only accept job requests from City authorized staff members, unless other contact arrangements have been made for specific projects. 7. Contractor shall provide one specific sales representative to handle City's accounts. The sales representative shall inform City purchasing and user departments of new materials and processes, billing problems,special orders,etc. 8. The Contractor shall be responsible for providing all labor, equipment, material and consumables necessary for the production of printed material by copying and/or offset printing. 9. Contractor shall provide mail merge, pre-sorting, ink jetting, tabbing and other mail-related services with delivery to post office, if service is available. 10. Contractor shall provide a graphic designer to update information in digital format jobs and other documents. 11. Contractor shall ensure through quality control measures that document quality is acceptable to the City department requesting the work. 12. Contractor shall provide proofs, if requested by City departments, which shall be subject to City approval before initiation and completion of the project. Contractor shall be held responsible for getting all proofs approved by the requesting department. The proofs shall be signed and dated by an authorized staff member of the requesting department prior to printing. Print Services Agreement, Stone Shield Investments, LLC, Page 15 of 23 13. Contractor's completed work shall be subject to inspection and approval by the ordering department and the City reserves the right to reject and refuse acceptance of work, which is not in accordance with the instructions, specifications, drawings, data or quality standards of same. Rejected work shall be at the expense of the Contractor. 14. Contractor shall pack completed print jobs in boxes or cartons adequate to contain and protect the contents. All packages, boxes, and cartons shall be labeled as to contents, purchase order number, job order number and ordering department and department contact name. All products used for shipping shall be recyclable in the City's Recycling Program and shall contain recycled-content materials. 15. All packages, boxes, and cartons shall be delivered to the ordering department. Deliveries to other locations will not be accepted. 16. Contractor shall use materials containing a minimum of 30% post-consumer content unless otherwise specified for a greater amount. H. Digital Print and Copy Digital print and copy shall include standard black and white copies/prints; standard color copies/prints; some oversize black/white/color copies/prints; blueprints and finishing services. Services shall include the following services: • 8.5x11 Black and White Copies • 11x17 Black and White Copies • 8.5x11 Color Copies • 11x17 Color Copies III. Finishing Services: • Stapling(1,2 or 3 staples) • Cutting • Folding(tri-fold and z fold) • Padding • Scoring • Perforating • Laminating • Comb binding(plastic, 15-19 rings in assorted colors) • Coil binding • Velo binding • Wire-O binding • Tape binding • Thermal binding • Saddle Stitch binding • Perfect Binding • Post binding Print Services Agreement, Stone Shield Investments, LLC, Page 16 of 23 • Collating(hand) • Inserting(hand) • Tabs (insertion) • Tab printing(mylar) • Booklet making • Die cut(over the doorknob) • Sequential numbering IV. Offset Printing and High Volume Color Printing 1. Individual Departments shall order City letterhead, envelopes, and business cards with their individualized text requests. There shall be no variation on the specifications for City letterhead, envelopes, or business cards (i.e. type of paper, colors on the logo, etc., only the text). All letterhead, envelopes and business cards should follow Administrative Regulation D4, see Exhibit C. 2. Delivery shall be no more than five (5)working days from signed proof. Contractor must match type style, print position, logos, and ink colors. Orders shall be placed on an as-needed basis. Pricing shall be all inclusive of artwork, negatives, raw materials, production costs and freight. No other charges will be allowed. 3. No variation from specifications or samples will be allowed. City letterhead shall be printed on 24# white bond with 25%cotton, at least 90 brightness; envelopes shall be printed on matching stock; and business cards shall be printed on 80#bright white cover stock. All other envelopes listed shall be standard,white, envelope stock paper. 4. Contractor shall use the City's designated Pantone colors and fonts: PMS 725 Brown PMS 288 Blue Fonts: "City of Fort Worth"Cheltenham IV. Specialty Services 1. The Contractor shall offer a wide range of services including graphic design, maps, calendars, annual reports, and multi-faceted informational packages. 2. Contractor shall be capable of providing mail services including mail merge, pre-sorting, ink jetting, post office delivery. Print Services Agreement, Stone Shield Investments,LLC,Page 17 of 23 EXHIBIT B Fee Schedule BILLING UNIT RATES FOR RATES FOR RUSH OR ITEM DESCRIPTION OF SERVICE OF MEASURE STD SERVICE EMERGENCY SVCS; NO. REG HOURS; QUICK TURN or AFTER MON-FRI, HOURS-5 PM/WEEKENDS 8TO5 1. 8.5 x 11 inch Black&White Copies each .02 .04 2. 11 x 17 inch Black&White Copies each .04 0.5 3. 8.5 x 11 inch Color Copies each .10 0.15 4. 11 x 17 inch Color Copies each .12 0.15 5. Client Consultation Per hour included included 6. Electronic file transfer Included included included 7. Press check Included included included 8. Travel/mileage rate Per Mile included included 9. Scanning/imaging Included included included 10. Assembling Included included included 11. Binding Per hour $35.00 $38.50 12. Perforating Per hour $35.00 $38.50 13. Folding Per hour $35.00 $38.50 14. Die-Cutting Per hour $35.00 $38.50 15. Laminate Per hour $35.00 $38.50 16. Graphic Design Service Per hour $35.00 $38.50 17a. Database cleanup/mail merge Per 1,000 pieces included included addresses onto print pieces 17b. Database cleanup/mail merge Per 5,000 pieces included included addresses onto print pieces 18c. Database cleanup/mail merge Per 10,000 included included addresses onto print pieces pieces Print Services Agreement, Stone Shield Investments,LLC,Page 18 of 23 Exhibit B-Finishing Services Stapling .05 each Cutting $15 minimum Folding $15 minimum Padding $15 minimum Scoring $35 per hour Perforating $35 per hour Laminating $1.25 each Comb Binding $1/book Coil Binding $1.50/book Velo Binding $2.00/book Wire O Binding $2.00/book Tape Binding $2.00/book Thermal Binding $2.00/book Saddle Stitch Binding $35 per hour Perfect Binding $2.00/book Post Binding $35 per hour Collating(hand) $35 per hour Inserting(hand) $35 per hour Tabs (Insertion) $35 per hour Tab Printing(Mylar) $75 minimum Booklet Making $35 per hour Die Cutting(over the doorknob) $75 minimum Sequential Numbering $45 minimum Print Services Agreement, Stone Shield Investments,LLC,Page 19 of 23 Exhibit B-Other Print and Mail Services-Digital Press Printing Unit Price for Unit Price for service using Upcharge/Rush Extended green Seal After Hours Price certified paper or (5pm)or Quote Standard next best Weekend Item Quantity Offset/Digital Imaging Description Unit Price Service alternative Emergency Comments Letterhead;24#Bright White 1 500 Black&2 PMS colors 0.09 $45.00 .09 .10 Letterhead Envelopes;24#White No. 10 Bright White Black&2 PMS 2 500 colors 0.08 $40.00 .08 .09 Regular Envelopes;24#White No. 10 Bright White;30%Post- 3 500 Consumer Black or 1 PMS .058 $29.00 .058 .07 Carbonless Forms,2 Part; 8.5 x 4 500 11;Black Ink(1/0) .15 $75.00 .15 .17 Carbonless Forms,3 Part; 8.5 x 5 500 11;Black Ink(1/0) .22 $110.00 .22 .24 Carbonless Forms,4 Part; 8.5 x 6 500 11;Black Ink(1/0) .286 $143.00 .286 .31 Letterhead;24#Bright White 7 1,000 Black&2 PMS colors .074 $74.00 .074 .081 Letterhead Envelopes;24#White No.10 Bright White Black&2 PMS 8 1,000 colors x .073 $73.00 .073 .08 Regular Envelopes;24#White No. 10 Bright White;30%Post- 9 1,000 Consumer Black or 1 PMS .045 $45.00 .045 .05 Carbonless Forms,2 Part; 8.5 x 10 1,000 11;Black Ink(1/0) .123 $123.00 .123 .135 Carbonless Forms,3 Part; 8.5 x 11 1,000 11;Black Ink(1/0) .188 $188.00 .188 .21 Carbonless Forms,4 Part; 8.5 x 12 1,000 11;Black Ink(1/0) .229 $229.00 .229 .25 Flyers;70#White Offset;One Sided;process color;Full Bleed; Size 8.5"x 11" Deliver to 1000 Throckmorton Street.City to provide artwork 13 500 electronic artwork. .156 $78.00 .156 .172 Flyers;80#White Gloss text;Two Sided;process color;No Bleed; Size 5.5"x 8.5" Deliver to 1000Throckmorton Street.City to provide artwork 14 500 electronic artwork. .134 $67.00 .134 .147 Print Services Agreement, Stone Shield Investments, LLC, Page 20 of 23 Unit Price for Unit Price for service using Upcharge/Rush Extended green Seal After Hours Price certified paper or (5pm)or Quote Standard next best Weekend Item Quantity Offset/Digital imaging Description Unit Price Service alternative Emergency Comments Business cards;80#Bright White cover;One Sided;Black plus two PMS colors;Size 3.5"x 2.5" Deliver to 1000 Throckmorton Street.City to provide artwork 15 250 electronic artwork. .076 $19.00 .076 .08 Business cards;80#Bright White cover;One Sided;Black plus two PMS colors;Size 3.5"x 2.5" Deliver to 1000 Throckmorton Street.City to provide artwork 16 500 electronic artwork. .046 $23.00 .046 .05 Business cards;80#Bright White cover;One Sided;Black plus two PMS colors;Size 3.5"x 2.5" Deliver to 1000 Throckmorton Street.City to provide artwork 17 1000 electronic artwork. .027 $27.00 .027 .03 Round Up;80#Gloss text;Flat size 11"x 17"folds to 8.5"x 11" Process color on both sides with full bleed.Shrink wrap in boxes of 100s weighing no more than 30 lbs.Printed each month.Deliver to 1000 Throckmorton Street.City to provide artwork in electronic 18 5,000 format. .123 $615.00 .123 .135 Utility Bill Inserts;60#White Offset;Two Sided;Process color; trim to size 3.6"x 8.5" Bills are printed 11 X year(Feb-Dec).Print run must be completed for delivery by the 20th of each month and delivered to the mail house. 1,000 inserts are delivered to 1000 Throckmorton Street.City to provide artwork electronic 19 240,000 artwork. .0098 $2375.00 .0098 .011 Postcard 4"x 6"mail services including mail merge, pre-sorting, 20 5,000 inkjetting, post office delivery. .063 $315.00 .063 .069 Letter mail services-one page 8.5"x 11"in No.10 envelope including mail merge,pre-sorting, 21 5,000 inkjetting,post office delivery. 105 $525.00 1 105 .12 Hourly Rate for Graphic Design Services for edits to digital files 22 1 and other documents. 35.00 35.00 35.00 35.00 Print Services Agreement, Stone Shield Investments, LLC, Page 21 of 23 Exhibit C—City's Official Logo Use Policy The City of Fort Worth's official logo or"Molly"provides a visual link among all departments within the city to assist residents in identifying city personnel,property,printed materials and all other forms of communication. Contractor agrees to adhere to the following Policy regarding the City's Official Logo and to the attached Administrative Regulation D4. Logo rules 1. Typesettting, stretching, skewing or altering the city logo in any way is prohibited. 2. Departmental logos must be used in a secondary relationship to the official logo. 3. Incorrect use of the logo on materials designed or printed by Contractor must be altered to conform with the logo policy. 4. The city logo may be used in conjunction with events that city is sponsoring, but may not be used for events merely on city property or on materials produced by outside organization that eventually intend to benefit the city. USE OF THE LOGO IN ANY OTHER PRODUCT NOT FOR THE CITY WILL BE CONSIDERED BREACH OF THIS AGREEMENT. 5. Use of the city logo by any individual or organization without expressed written consent of the City Manager's Office is prohibited 6. Departments may include their name at a smaller point size below the logo in the same font as"Fort Worth". Division may be used in a smaller point size below that, but no additional levels should be added. Where printing of the logo may introduce readability issues due to small text sizes, department and division names must be removed. 7. The city logo must be separable from any program logo. The city logo cannot be used as part of another logo. Specifications To ensure the city logo is presented consistently, the logo should match the following Pantone Matching System(PMS) colors and fonts: Fort Worth and department names Font: Chelthenham PMS: 288 RGB: 0, 51, 127 HEX: #00337F Molly(longhorn) PMS: 725 RGB: 117, 56, 2 HEX: #753802 Printing in other colors is allowed as long as both "Fort Worth" and "Molly" are the same single color. USE OF THE LOGO IN ORANGE IS STRICTLY PROHIBITED. Print Services Agreement, Stone Shield Investments, LLC, Page 22 of 23 FORTWORTH. FORT WORTH , r, IIIIIIIIi �,,iilll( li II FORTWORTH. FORT VVORT, yo Print Services Agreement, Stone Shield Investments, LLC,Page 23 of 23 CITY OF FORT NORTH TEXAS DH LETTER 1354 DATE: August 8,2043 TO: ALL DEPARTMENT HEADS FROM: Gary W.Jackson,City Manager SUBJECT: Administrative Regulation: D4 Official City of Fort Worth Logo At my direction, a city task force was convened to review the current administrative regulation governing the use of the city logo. The charge was to review the entire regulation,particularly the sections dealing with the use of the city logo on city vehicles. The task force concluded that the regulation, as presently written, is resulting in the city logo being used as intended with one exception—the use of the logo on vehicles. The task force concluded that the city logo is intended to be the universally recognized symbol of the City of Fort Worth. After taking into consideration the state and federal mandated requirements for marking government vehicles, the task force concluded that the portion of the regulations dealing with the use of the city logo on vehicles (Section 7.5)is too vague and,instead, should specify how the logo should appear. Therefore the logo AR has been revised to: • Require the city logo to be on the front door of all licensed city vehicles, or as near as possible if the front door cannot accommodate the logo. • Require all non-licensed equipment such as tractors and lawnmowers to display the logo as large as possible in as prominent a place as possible. • If a department's logo is on a vehicle, it must be subordinate to-the city logo. • If a department wishes to deviate from this regulation, the deviation must be approved by the City Manger's Office, and the City Council must be notified in writing of the approved deviation prior to implementation. Several minor clarifying changes have been incorporated. One requires that the City Council be notified in writing of any deviation from the logo regulation that is approved prior to implementation and the other change acknowledges that some departments have uniform designs that are considered exempt from the regulation's uniform rules. The AR allows the Police Department to continue using its new vehicle logo design. If the Police Department decides to change from the current logo, be it a year from now or 10 years from now, the revised regulations apply. That means the Police Department would have to display the city logo on the front doors of police vehicles,or it would have to request the approval of a different design from the City Manager's Office, which if approved, would be brought to the attention of City Council as part of the approval process. Gary .J n City Manager Attachment Revised AR D-4 cc:• Libby Watson,Assistant City Manager Charles Boswell,Assistant City Manager Joe Paniagua,Assistant City Manager Reid Rector,Assistant City Manager Marc Ott,Assistant City Manager Christy Carlson, Web Managing Editor 2 CITY OF FORT WORTH SECTION D ADMINISTRATIVE REGULATIONS NUMBER. 4 SUBJECT OFFICIAL CITY OF FORT WORTH LOGO PAGE 1 OF 6 REPLACES Current A.R.D-4 EFFECTIVE DATE August 1,2003 REVIEW DATE July 31,2005 PREPARED BY CITY MANAGER'S OFFICE APPROVED BY CITY MANAGER 1.0 PURPOSE This regulation establishes the policy and practices for use of the City of Fort Worth logo. 2.0 KEY WORDS 2.1 Logo 2.2 City Logo 3.0 DEPARTMENTS AFFECTED All departments. 4.0 DEFINITIONS PMS - Pantone Matching System - A professional color system for matching ink colors in printing. 5.0 POLICY The City of Fort Worth logo, adopted by the Fort Worth City Council July 18, 2000 as the official city logo, will appear in its approved form only on all employee business cards, all city letterhead and envelopes, all publications, all vehicles, uniforms, and other city properties. 6.0 RESPONSIBILITY/AUTHORITY 6.1 Departments 6.1.1 All 'city departments are required to use the logo as prescribed in this Administrative Regulation. Departments shall make all requests for deviation from this regulation to the City Manager's Office, Public Information Office. Prior to implementation of significant deviations, City Council will be notified in writing of the deviation and will be provided an illustration of the approved use. 6.1.2 Departments are responsible for ensuring logo use rules in Section 7.0 of this regulation are followed strictly when employing their own staff or outside design and printing sources instead of the Reprographics Division. 6.1.3 Department heads shall provide written instructions to the Reprographics Division if a departmental logo will be included on departmental business cards. CITY OF FORT WORTH SECTION D ADMINISTRATIVE REGULATIONS NUMBER 4 SUBJECT OFFICIAL CITY OF FORT WORTH LOGO PAGE 2 OF 6 REPLACES Current A.R.D-4 EFFECTIVE DATE August 1,2003 REVIEW DATE July 31,2005 PREPARED BY CITY MANAGER'S OFFICE APPROVED BY CITY MANAGER 6.2' Equipment Services Department The Equipment Services Department is responsible for ordering decals for city vehicles. 6.3 City Manager's Office, Public Information Office 6.3.1 The Public Information Office reviews and approves any deviation from this regulation on the use of the city logo. 6.3.2 The Public Information Office reviews and approves all requests for commercial or general community use of the city logo. 7.0 PRACTICE 7.1 General 7.1.1 All city departments and activities are required to use the logo as prescribed in this Administrative Regulation. All existing city and departmental logos will be secondary to the official logo. 7.1.2 The logo must be printed as approved. No variations are permitted. The words "Fort Worth" must be PMS 288 blue, and the longhorn must be PMS 725. A one-color printing of the logo is permitted on single-color publications. 7.1.3 The city logo is an original design and is copyrighted. It is not to be used by any individual or organization without the written consent of the City of Fort Worth. No commercial or general community use of the logo is permitted without written, specific permission from the City Managers Office, Public Information Office. 7.1.4 The logo may be used in conjunction with events that the city is sponsoring or co-sponsoring. 7.1.5 The logo may not be used at events that merely are held on city property or at events produced by outside organizations that intend eventually to benefit the city. 7.1.6 The city logo may not be provided to potential vendors to display on bid documents. CITY OF FORT WORTH SECTION D ADMINISTRATIVE REGULATIONS NUMBER 4 SUBJECT OFFICIAL CITY OF FORT WORTH LOGO PAGE 3 OF 6 REPLACES Current A.R.D-4 EFFECTIVE DATE August 1,2003 REVIEW DATE July 31,2005 PREPARED BY CITY MANAGER'S OFFICE APPROVED BY CITY MANAGER 7.2 Business Cards (Appendices 8.1 and 8.2) 7.2.1 All city business cards will be printed with the city logo at the top left corner. The logo will be printed with "Fort Worth" in PMS 288 and the longhorn in PMS 725. 7.2.2 All printing is to be black, Cheltenham font. 7.2.3 All individual information will be printed in the prescribed style at the bottom of the business card. 7.2.4 Individual employees may add the name of their division to the business card. The division name will appear below the department name and above the line separating the name and address information. 7.2.5 A departmental logo printed in black ink only is permitted in the secondary position, top right of the business card. If a department chooses to print its logo in the secondary position, all employees of that department will be required to have cards with the department logo. 7.2.6 No custom design of business cards by individual employees will be permitted. 7.2.7 All cards will be printed on white matte 80 lb. cover, 80-85 brightness, recycled. 7.2.8 The Reprographics Division will print city business cards. Departments should use the Business Card Order Form (Appendix 8.2) to order business cards. If a department uses an`outside printer to provide business cards, that department will be responsible for seeing that the cards adhere to the city standards in this regulation. 7.3 Official Letterhead and Envelopes (Appendices 8.3 and 8.4) 7.3.1 All city stationery will be printed with the city logo at the top in PMS colors. 7.3.2 All departmental address information will be printed in the prescribed style in black, Cheltenham font, at the bottom of the page. 7.3.3 A departmental logo may be printed in departmental logo colors or in black ink at the bottom of the page to the left of the address information. 7.3.4 All stationery will be printed in logo PMS colors on 20-24 lb. white bond, 25 percent cotton, 90 brightness, recycled. No black and white version of the logo is allowed on stationery. CITY OF FORT WORTH SECTION D ADMINISTRATIVE REGULATIONS NUMBER 4 SUBJECT OFFICIAL CITY OF FORT WORTH LOGO PAGE 4 OF 6 REPLACES Current A.R.D-4 EFFECTIVE DATE August 1,2003 REVIEW DATE July 31,2005 PREPARED BY CITY MANAGER'S OFFICE- APPROVED BY CITY MANAGER 7.3.5 If a division name is printed on the stationery, it will be 16/mated below the department name and above the line separating the department and address. 7.3.6 "Department" will follow all department names. No listings will be made with "Department of ..." 7.3.7 All city envelopes will be printed with the city logo in the top left corner in black, Friz Quadrata font, and in compliance with postal regulations. 7.3.8 City fund/account/center numbers can be printed in the top right corner of the envelope in 6-point type. 7.3.9 All envelopes will be printed in PMS colors on 24 lb. No. 10 white envelopes, diagonal seam, 84 brightness, recycled. 7.3.10 The return address will list the department and division on the first line when the division name is requested. 7.3.11 Return envelopes or special-use envelopes do not have to adhere to this regulation. 7.4 City Publications/Communications 7.4.1 Brochures, newsletters, handbills, reports, forms, fax cover sheets, and other publications shall include in a prominent place the city logo. The preferred use of the logo is in the PMS colors, but if the design of the material is single color, the logo may be reproduced in that color. No modification of the logo itself is allowed. 7.4.2 In-house pieces not intended for distribution to other organizations or to the general public, such as memo pads, forms for in-house use, or other such pieces, may have only the department or division logo, or the city logo in black. 7.4.3 All electronic communications and video productions shall include the logo. The same regulations for printed matter apply to electronic use of the logo. 7.4.4 If any publication or any other material fails to meet specifications, the department will be required to reprint the material at its expense. Incorrect usage of the logo on materials taken to the Reprographics Division for design and/or printing will be altered to conform to logo regulations. If a department employs its own staff or outside design and printing sources, it is the department's responsibility to ensure logo use rules are followed strictly. 7.5 City Vehicles (Appendix 8.5) CITY OF FORT WORTH SECTION D ADMINISTRATIVE REGULATIONS NUMBER 4 SUBJECT OFFICIAL CITY OF FORT WORTH LOGO PAGE 5 OF 6 REPLACES Current A.R.D4 EFFECTIVE DATE August 1,2003 REVIEW DATE July 31,200 PREPARED BY CITY MANAGER'S OFFICE APPROVED BY CITY MANAGER 7.5.1 All city-owned vehicles will be marked with the city logo that meets sta a and federal regulations, as well as city specifications. 7.5.2 All vehicle decals will be printed in colors as close to the PMS colors as possible on reflective materials or materials best suited for the application. 7.5.3 A city logo decal will be placed on the front door on all licensed vehicles, or near as possible if the design or legal requirements preclude the logo on the door. ,Licensed vehicle means any motorized equipment that operates on city streets and is required to be licensed, under rules of the State of Texas. 7.5.4 All non-licensed equipment, such a tractors, backhoes, lawnmowers and similar equipment, will have the city logo in as large as size as possible affixed in a prominent area so as to be easily identifiable as City Of Fort Worth equipment. The Equipment Services Department shall determine the appropriate location for the city logo decal on this equipment. 7.5.5 If a city department chooses to display its department logo on a vehicle, it must be in a subordinate location to the city logo and not as large as the city logo. 7.5.6 The Equipment Services Department will review any requests for deviations and make recommendations to the City Manager's Office, Public Information Office. If a city department does the detail work on its vehicles, it will submit a request for deviation to the City Manager's Office, Public Information Office. The City Manager's Office, Public Information Office will review and approve any deviations from this requirement. Prior to implementation, City Council will be notified in writing of the deviation and will be provided an illustration of the approved use. 7.6 Uniforms (Appendix 8.6) 7.6.1 City uniforms will have a patch depicting the logo. The patch wily be a 2 X 4 inch white rectangle with the logo embroidered in colors as close to the PMS colors as possible. Some departments such as Police, Fire, Animal Control and others have designated uniforms and should be considered exempt from these regulations. 7.6.2 The department name will be embroidered beneath the logo in 288 blue lettering. 7.6.3 The patch will be above the pocket or some other appropriate location on a shirt. CITY OF FORT WORTH SECTION D ADMINISTRATIVE REGULATIONS NUMBER 4 SUBJECT OFFICIAL CITY OF FORT WORTH LOGO PAGE 6 OF 6 REPLACES Current A.R.D-4 EFFECTIVE DATE August 1,2003 REVIEW DATE Jul 31 2005 PREPARED BY CITY MANAGER'S OFFICE APPROVED BY CITY MANAGER 7.6.4 The department name will be "Water," "Parks and Community Services," "Development," etc. 7.6.5 If only the department logo is used on garments, those garments will not be official uniforms. 7.6.6 If dark, solid color shirts are part of the uniform, they can be screen printed or embroidered with the new logo in a solid white or some other appropriate solid color. If a two-color logo is used, it must be in the logo PMS colors. Department and division logos can be used in a secondary position, such as on a uniform sleeve. 7.6.7 All caps will be printed in department names without the word "Department." Either the PMS colors will be used or an appropriate single color. 7.7 Other Applications All city bond construction signs, water towers, buildings, and other facilities will be marked with a city logo in logo PMS colors when a logo is used. 8.0 APPENDIX/APPENDICES 8.1 Business Card Examples 8.2 Business Card Order Form 8.3 Letterhead Example 8.4 Envelope Example 8.5 Logo on City Vehicles 8.6 Logo Patch for Uniforms Appendix 8.1 FORT WORTH DALE FISSELER DIRECTOR WATER DEPARTMENT CITY OF FORT WORTH 1000 THROCKMORTON STREET* FORT WORTH,TEXAS 76102 (817)871-8207 *MOBILE(817)994-0000 *FAX(817)871-8220 hppt://www.fortworthgov.org FORT WORT RICHARD ZAVALA DIRECTOR PARKS AND COMMUNITY SERVICES DEPARTMENT CITY OF FORT WORTH 4200 SOUTH FREEWAY,SUITE 2200*FORT WORTH,TEXAS 76115 (817)871-5704* FAX(817)871-5724 FORT WORTH BRIAN BOFANER DIRECTOR ENVIRONMENTAL MANAGEMENT DEPARTMENT CITY OF FORT WORTH I000 THROCKMORTON STREET*FORT WORTH.TEXAS 76102 (817)871.8079.*FAX(817)871-6359 t3. Appendix 8.2 ' FORT WORTH FORT WORTH (TWO color 1090) # t {' x ""t a i7Wo color 1090) Mack Ink only)�} _ YOUR NAME YOUR NAME H�- s W YOUR TITLE £" _ `y� YOUR TITLE � ,}its YOUR DEPARTMENT c 5� YOUR DEPARTMENT YOUR DIVISION ,-ya YOUR DIVISION CITY OF FORT WORTH CITY OF FORT WORTH STREET ADDRESS*FORT WORTH,TEXAS ZIP STREET ADDRESS*FORT WORTH,TEXAS ZIP WORK TELEPHONE* MOBILE OR PAGER* FAX NUMBER WORK TELEPHONE*MOBILE OR PAGER*FAX NUMBER INTERNET ADDRESS O INTERNET ADDRESS p BUSINESS CARD ORDER FORM (Allow 10 working days for processing) INSTRUCTIONS: Please use exact spelling, with no abbreviations.Type or Print Clearly. Mistakes due to illegibility will not be reprinted free.) Today's Date Name: Title: Department: Division: City of Fort Worth Street Address: Fort Worth,Texas Zip: work Telephone: ( ) Fax Number: ) Mobile: ) Pager: ) Internet Address(Please be specific): YOUR DEPARTMENT LOCO WILL BE ADDED IF IT HAS BEEN APPROVED'BY THE DEPARTMENT HEAD. Number of Cards: (Circle One) 250 500 1000 Fund: Account: 5 1 2 1 2 Q 1 3 1 Q center. Requested by: Department Wead Approval- -————————————— ----------------- - FOR OFFICE USA ONLY Date Received: Date Processed: FORT WORTH Appendix 8.3 FIRE DEPARTMENT EMERGENCY MANAGEMENT OFFICE THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102 (817) 871-6170 * FAx (817) 871-6180 l Printed on recycled paper Appendix 8.4 0 0 0 N b O O O N O N N O v u Z O > � p `p w w w O pi O < O °C v 4 3 p X m C) "' 00 � U ll O v, F 0 � 3 - Ts, w 20 Appendix i FORTWORTH POLICE ��4s� ;,.. �s t{,- a3f✓ S z s�t'�. .K:.r^:r. Appendix 8.6 No border line on patch PMS 288(BLUE) White ORT WORTH Stitching PMS 725(BROWN) WATER Department Name in PMS 288 (blue) lettering M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FQRTWOR°TH COUNCIL ACTION: Approved on 8/4/2015 r_uti nYJJ,.e.,Y,6 r DATE: 8/4/2015 REFERENCE NO.: **C-27402 LOG NAME: 13P15-0178 PRINTING SERVICES DB CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Contracts with J-Peam, L.L.C. d/b/a John Sons Press, AC Printing, LLC, and Stone Shield Investments, LLC, for Printing and Related Services in a Combined Amount Up to $900,000.00 for the Initial Term (ALL COUNCIL DISTRICTS) .r<. �.- +^TLS-.wy,:, .^••,. �..,__,2..i3m.i�.. .u, . _ ilM.tt➢I.hNt✓1Y1,.Nr,hf2utY�4iP._.,�.�., uwvrnrx c., w.<v v:.: ..- —x :.,.e _ _ RECOMMENDATION: It is recommended that the City Council authorize execution of contracts with J-Peam, L.L.C. d/b/a John Sons Press, AC Printing, LLC, and Stone Shield Investments, LLC, for printing and related services in a combined amount up to $900,000.00 for the initial term. DISCUSSION: The City of Fort Worth (City) will use these contracts to purchase printing and related services. Printing services are used by various City departments in connection with a variety of communication projects. Goods and services to be ordered under these contracts include stationery, envelopes, forms, annual reports, brochures, newsletters, maps, booklets and business cards. The City also will use these contracts for color printing involving various sizes, weights, media and image types, as well as binding and finishing services, including foam core mounting and laminating. The City's Reprographics Division closed July 15, 2015. RFP ADVERTISEMENT-A Request for Proposals (RFP) was advertised in the Fort Worth Star- Telegram every Wednesday from April 15, 2015 through May 7, 2015 with detailed specifications for printing and related services. The evaluation factors included ability to comply with RFP requirements, relevant experience and qualifications of the company, relevant experience and qualifications of proposed service personnel, record of satisfactory performance and price proposal. Eighty-seven vendors were solicited from the purchasing vendor database system; seven responses were received. The proposals were reviewed by an evaluation committee consisting of staff from Reprographics, Water, City Manager, Code Compliance and Emergency Management Departments. The proposals from J-Peam, L.L.C. d/b/a John Sons Press, AC Printing, LLC, and Stone Shield Investments, LLC, were determined to present the best value to the City. PRICE ANALYSIS - Prices under these contracts are comparable to prices in City Secretary Contract (CSC) No. 42864 (M&C P-11347) awarded in January 2012. The services provided under these contracts will replace the services provided by the Reprographics Division. No guarantee was made that a specific amount of services would be purchased. However, City departments may spend up to $300,000.00 with each contractor during the initial term of these Agreements. ADMINISTRATIVE CHANGE ORDER -An administrative change order or increase may be made by the City Manager in the amount of up to $50,000.00 for each of these three contracts and does not require specific City Council approval as long as sufficient funds have been appropriated. CONTRACT TERMS - Upon City Council's approval, the contracts will begin on execution and expire on February 4, 2017 to coincide with the term of existing print services contract. http://apps.cfwnet.org/council_packet/mc review.asp?ID=21307&councildate=8/4/2015 8/13/2015 M&C Review Page 2 of 2 RENEWAL OPTIONS -These contracts may be renewed for up to two successive one-year periods in accordance with the terms of these contracts. This action does not require specific 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/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budgets, as appropriated, of the participating departments and that prior to an expenditure being made, the participating Department has the responsibility to validate the availability of funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Jack Dale (8357) Doris Brent (2058) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=21307&councildate=8/4/2015 8/13/2015