R-08-06-26-10B1 - 6/26/2008RESOLUTION NO. R -08-06-26-10B1
WHEREAS, the City of Round Rock has duly advertised for bids
for graphic design and printing of annual budget book, and
WHEREAS, GoGo Creative, Inc. has submitted the lowest
responsible bid, and
WHEREAS, the City Council wishes to accept the bid of GoGo
Creative, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Purchase of Graphic Design and
Printing of Annual Budget Book and a Work Made for Hire Agreement
with GoGo Creative, Inc., a copy of said Agreements being attached
hereto as Exhibit "A" and incorporated herein.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 26th day of June, 200
ATTEST:
?i21V/ L. 14/fiS
SARA L. WHITE, City Secretary
0:\WDOX\RESOLDTI\R80626B1.DOC/rmc
ALAN MCGRAW, Mayor
City of Round Rock, Texas
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
GRAPHIC DESIGN AND PRINTING OF ANNUAL BUDGET BOOK FROM
GoGo CREATIVE, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENT:
That this Agreement for services to provide Graphic Design and Printing of Annual
Budget Book, referred to herein as the "Agreement", is made and entered into on this the
day of the month of , 2008, between the CITY OF ROUND ROCK, TEXAS, a
home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas
78664, referred to herein as the "City", and GoGo CREATIVE, INC., a Texas corporation,
whose offices are located at 8327 Yaupon Drive, Austin, Texas 78759, referred to herein as the
"Vendor". This Agreement supersedes and replaces any previous agreement between the named
parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase Graphic Design and Printing of Annual Budget
Book, and City desires to procure same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods or services and Vendor is obligated to sell and provide
specified goods or services. The Agreement includes the following: (a) City's Invitation for Bid
designated as IFB 08-028, Specification Number 08-965-46 dated April 2008; (b) Vendor's
Response to IFB; (c) the contract award; and (d) any exhibits, addenda, and/or amendments
thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving
preference in the following order:
(1) This Agreement;
(2) Vendor's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
00138313/jkg
EXHIBIT
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, or equipment.
F. Services means work performed to meet a demand; the furnishing of labor, time,
or effort by the vendor, involving the delivery of any specific end product.
G. Vendor means GoGo CREATIVE, INC. or any of its successors or assigns.
2.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for three (3) consecutive twelve-month
periods from the effective date hereof. After that term, this Agreement may be renewed for
successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such
renewals, with such renewals to occur on or before the expiration date of the preceding term, and
with such renewals being absolutely predicated upon the express written agreement of both
parties. Such renewals are permitted only provided Vendor has performed each and every
contractual obligation specified in this original Agreement.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://stats.b1s.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods or services as
outlined in IFB 08-028, Specification Number 08-965-46 dated April 2008, and Response to IFB
submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for
all purposes. The intent of these documents is to formulate an Agreement listing the
responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to
the IFB.
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully
a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Unit prices listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the goods or
services as determined by City's budget for the fiscal year in question. City may effect such
termination by giving Vendor a written notice of termination at the end of its then -current fiscal
year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
3
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
(a) There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
cause the payment to be late; or
There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
(d) The invoice is not mailed to City in strict accordance with any instructions on the
purchase order relating to the payment.
(b)
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached IFB 08-028, Specification
Number 08-965-46 dated April 2008 (including Attachment A and all other attachments and
exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Cheryl Delaney
Budget Supervisor
221 East Main Street
Round Rock, Texas 78664
512-218-5445
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15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods or services elsewhere, Vendor agrees that it may be charged the difference in
cost, if any, and that it will not be considered in the re -advertisement of the goods or service and
that it may not be considered in future bids for the same type goods or service unless the scope of
work is significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
5
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage prepaid to
the recipient's address as stated in this Agreement.
Notice to Vendor:
GoGo Creative, Inc.
Attention: Lisa Mac Gardner
8327 Yaupon Drive
Austin, Texas 78759
Notice to City:
David Kautz
Assistant City Manager/CFO
221 East Main Street
Round Rock, TX 78664
Stephan L. Sheets
City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
6
24.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
7
City of Round Rock, Texas GoGo Creative, Inc.
By: By: pt -t$ 1/4 z ,Vt4 L'
Printed Name: Printed Name: 59 44-g. 6eL, iii,..%
Title: Title: rem l,Cr
Date Signed: Date Signed: 6 -03.4%
Attest:
By:
Sara L. White, City Secretary
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
8
owl l I N r Ivry rvn CHU virtu
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-6299
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID FACSIMILE RESPONSES
OPENING TIME. SHALL NOT BE ACCEPTED
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION. FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Purchasing Department
221 East Main Street
Round Rock, Texas 78664-5299
SNOW BID OPENING DATE
BID MISER IN LOWER LIFT
NAND CORNER OF SEALED se
ENVELOPE l *IOW RETURN
ADORE -SS OF MONO FOOL
BIDDING INFORMATION:
BID NUMBER 08-028
OPENING DATE: 4115/2008 at 3:00 P.M.
BID LOCATION: 221 E. Main Street, Council Chambers,
Round Rock, TX 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BIO
BIDDER SHALL SIGN BELOW
Failure to sign hid will diaqualify bid
littre,4411464e.• Y49/01
Authoring ignatura to
�g� 64x�t9 ive
Print Name
See 1.7 of Budding Instructions on page 2
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TAX ID NO.: J/ O? ; 4'5(,
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LEGAL BUSINESS NAME: 4� _CA
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ADDRESS: _Q ja, Y p/�Q IC/ 4,C17* V 3
"RECT: P1 1�743
CLASS & ITEM
r s�GP(&.'11-414f12-•
TEMP_ IONS NO: ,! '--lxp'o'r1r
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BUSINESS ENTITY TYPE: [. r i e.. Dr..IJ�� T/gij.4
By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such
entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws,
nor communicated directly or indirectly, the bid made to any competitor or any other person engaged in such line of business."
Bidder agrees to comply with all conditions set forth in this IFB.
This is for the purchase of Graphic Design and Printing of Annual Budget Book in accordance with specification No. 08-965-46, (5 pages), Attachment
A, (5 pages).
The quantiies shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is made or implied. The City
will only order the amount needed to satisfy operating requirements. The City reserves the right to increase or decrease order quantities as
needed.
ITEM I
CLASS & ITEM
DESCRIPTION
QTY
UNIT
UNIT PRICE
EXTENSION
1
96546
Graphic Design and Printing of Annual Budget
Book
50
EA
285
i
P
/9 2.5
2
96546
Graphic Design and Printing of Annual Budget
Book on CD
100
EA
5,7D
tir67o
GRAND TOTAL
1 It
Bid Sheet
EXHIBIT
HA..
Page 1 of 3
DEUVERY IN
DAYS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensions. 11 trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees
product offered writ meet or exp specifications identified in this Invitation For Bid (IFB).
1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on reverse side. Bids must be
in the office ot the Cly Purchasing Agent before the hour and date specified on the reverse side of this IFB.
1.3 Late bids properly identified will be retuned to bidder unopened. Late bids will not be considered.
1.4 Bid F.O.B. destination, height prepaid, & allowed unless otherwise specified on the 1FB. 5 otherwise, show exact cost to delver.
1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price
increase oil not be considered.
1.8 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List' bids are not acceptance unless requested. Cash discount will not be
considered in determining the low bid. Al cash discounts offered will be taken if earned.
1.7 Bids shall give Tex Identification Number, full name and address of bidder. Failure to sign will dsqualdy bid. Person signing bid shal show (idle and autarity to bind
signatories Tum in a contract Firm name should appear on each page in the bbd( provided in the upper fight comer. Business Entity shall be one (1) of the following:
individual, Partnership, Sole Proprietorship, Estate/Trust Corporation, Governmental. Non-profit, al others shall be specified. INDIVIDUAL: List name and number es
shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name folowed by legal business name and Social Security Number. ALL OTHERS; List Legal name
of entity and Tax identification Number (lin).
1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent No bid can be
withdrawn after opening time without approval of the CiTY based on a written acceptable reason.
1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid.
1.10 The City reserves the right to accept or reject all or any part of ba, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be
made at the sole discretion of the City.
1.11 Consistent and continued tie bids could cause rejection of bids by the City andror investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB.
1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shad not be responsible for bids received late, illegible. incomplete, or
otherwise non-responsive
2 SPECIFICATION:
2.1 Any catalog. brand name or manufacturer's reference used in WB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of rice
nature and quality wit be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified is
offered. illustrations and complete descriptions of product offered are requested to be rade a part of the bid. I bidder takes no exceptions to specifications or reference
data In bid. bidder will be required to furnish brand names, numbers, etc, as specified in the IFB.
22 Al items bid shall be new, in first doss condition, including Containers suitable for shipment and storage. uNess otherwise Indicated in (FB. Verbal agreements to the
contrary will not be recognized.
2.3 Samples, when requested, must be furnished free of expense 10 the City. If not destroyed in examination, they will be returned to the bidder, on request, at bidder expense.
Each example should be marked with bidders' name and address, City bid number and code. Do rat enclose h or attach to bid.
2.4 The City wlT not be bound by any oral statement ar representation contrary to the written spedfcatbns of this IFB.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.
3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Bid should show number of days required to place material in City's designated location under normal Condit ons. Failure to state deliver time odigates bidder to compete
delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid lobe disregarded Consistent failure to meet delivery promises
without valid reason may cause removal from bid rat (See 4.2 following.)
4.2 t delay Is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor rust keep the City
advised at all times of status of order. Default in promised delivery (wttlout acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies
elsewhere and charge full increase. if any, in cost and handling to defaulting contractor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal woddng hours only, unless prix approval for late delivery has been obtained from the City. unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at al times and places. Authorized City personnel shad have
access to any supp9em's place of business for the purpose of inspecting merchandise. Tats may be performed on samples submitted with the bid or on samples taken from
regular shipments. 8 the products tested fad to meet or exceed all conditions and requirements of the specifications. the cost of the sample used and the cost deb testing shall
be home by the supplier. Goods, which have been detvered and rejected in whole or in part may, at the City's option. be returned to the Vendor or held for disposition at Vendors
risk and expense. Latent defects may result in revocation of acceptance.
8. AWARD OF CONTRACT: A response to an IFB Is an offer to contract with the City based upon the terms, conditions, and spectications contained in the IFB Bids do not become
contracts unless and until they are accepted by the City through Ib designates and a purchase order Is issued. The contract shad be governed, construed, and interpreted under
the Charter of the City and the laws of State of Texas. Ali contracts are subject to the approval of the City Council.
7. PAYMENT: Vendor shad submit three (3) copes of an Invoice showing the purchase order number on ad copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims Involvkg infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the State
of Texas. Tx. Susi And Comm Code Ann. Sec. 15.01. et seq. (1957).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a faise statement is a material breach or contract and shall void the submitted bid or any resulting contracts, and the bidder shad be removed from ad
bid lists. By signature hereon affixed, the bidder hereby certifies that
10.2 The bidder has not given. offered to give, nor intends to give any time hereafter any economic uppodunly. future employment gift, loan. gratuity. spedal discount tip, favor,
or service to a pubic servant in connection with the submitted bid.
10.3 The bidder is not enemy delinquent in to payment of any debt owed the City.
10.4 Nether the bidder nor the Bret corporation, partnership, or any entity represented by the bidder. or anyone acting for such firm. corporation. or entity has violated 11e
antitrust laws of this State oodilted In Section 15.01 et Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws. nor communicated directly or indirectly
the bid rade to any cro petitor, or any other person engaged h such line of business.
10.5 The bidder has not received compensation ler participation In the preparation of the apedficaton fortis IFB.
11. NOTE TO BIDDERS: Any terns and condltons attached to bid v i1 not be considered unless the bidder specifically references them on the front of this bid form WARNING: Such
terms and coed tions may result in disquaification o1 the bid (e.g. bids with to laws or state other than Texas requirements for prepayment Limitations on remedies. etc.) The
Cly of Round Rods an only accept bids which contain all the terms and condidors of is formal IFB: in particular. all bidders alhmetiors and certifications ons must be induded.
Submission of bids on fours other than City bid form may result In disqualficaton of your bid.
12. INQUIRIES: Inquiries pertaining to bid Invitations must give bid number, codes. and opening date.
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: IFB 08-028 - GRAPHIC DESIGN AND PRINTING OF
ANNUAL BUDGET BOOK
BIDDER'S NAME: 65.6.. C✓tE41711. DATE: 4`13-og
Provide the name, address, telephone number and point of contact of at least three firms that have
utilized similar service for at least 2 year. References may be checked prior to award. Any negative
responses received may result in disqualification of bid.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
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FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Reference Sheet Page 3 of 3
SPECIFICATION NO.
08-965-46
DATE: April 2008
CITY OF ROUND ROCK
GRAPHIC DESIGN AND PRINTING OF ANNUAL BUDGET BOOK
1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and labor to Design and Print the
City's Annual Budget Book as identified in the Invitation For Bid (IFB).
2. DEFINITIONS: The following definitions shall be used for identified terms throughout the specification and bid
document:
2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves
qualified to provide the goods, equipment or services.
2.2. City — Identifies the City of Round Rock, Williamson and Travis Counties, Texas.
2.3. Contract —A mutually binding legal document obligating the Contractor to fumish the goods, equipment or
services, and obligating the City to pay for it.
2.4. Contractor — A person or business enterprise providing goods, equipment, labor and/or services to the City
as fulfillment of obligations arising from a contract or purchase order.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services written
on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract.
The Purchase Order Is the Bidder's authority to deliver against an existing agreement and invoice the City
for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed
upon price.
2.7. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or services to a
Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the
Contractor's obligations arising from a contract with the City.
3. CONFLICT OF INTEREST
3.1. Effective January 1, 2006, Chapter 176 of the Texas Local Govemment Code (House Bill 914) requires
that any vendor or person considering doing business with a local government entity disclose the vendor or
person's affiliation or business relationship that might cause a conflict of interest with a local govemment
entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at
www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or delivered by
hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
Sara White, City Secretary
221 East Main Street
Round Rock, Texas 78664
3.2. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically
result in the disqualification of the vendor's proposal.
4. CLARIFICATION: For clarification of specifications, bidders shall contact:
Randy Barker
Purchasing Supervisor
City of Round Rock
Telephone: 512-218-3295
The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No
authority is intended or implied that specifications may be amended or alterations accepted prior to bld opening without
written approval of the City of Round Rock through the Purchasing Division.
Page 1 of 5
SPECIFICATION NO.
05-965-46
DATED: June 2005
PART I
GENERAL CLAUSES AND CONDITIONS
1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall employ all
personnel for work in accordance with the requirements set forth by the United States Department of Labor.
2. The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace and its
contents by its work, negligence in work, its personnel and equipment. The Contractor shall be responsible and
liable for the safety; injury and health of its working personnel while its employees are performing service work.
3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the
influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s) or
subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement
shall constitute grounds for termination of the service.
4. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value shall
be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the
solicitation.
4.1. Bid price
4.2. Reputation of the bidder and of bidder's goods and services.
4.3. The quality of the bidder's goods or services.
4.4. The extent to which the goods or services meet the City's needs
4.5. Bidder's past relationship with the City. All vendors shall be evaluated on their past performance and prior
dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor
workmanship, and/or late delivery.
5. EX PARTE COMMUNICATION
Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parte
communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering
the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be
initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop
a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending
Bidder from consideration or award of the bid then in evaluation, or any future bid.
6. AGREEMENT: This Agreement shall be effective on the date it has been signed by both parties hereto, and shall
remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or
extended as provided herein.
6.1 The term of this Agreement shall be for three (3) consecutive twelve (12) month periods of time from the
effective date. Prices shall be firm for the duration of the Agreement, except as provided for herein. This
Agreement may be renewed for two (2) additional periods of time not to exceed twelve (12) months for
each renewal provided the parties agree.
6.2 The City reserves the right to review the Vendor's performance at the end of each twelve (12) month period
of time, and to cancel the contract (without penalty) or continue the contract through the next period.
6.3 The City reserves the right to review Vendor's performance at any time during the initial agreement or
renewal period, and may elect to terminate this Agreement with or without cause or may elect to continue.
7. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if
the goveming body of the City does not appropriate funds sufficient to purchase the estimated yearly services or
quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination
by giving Contractor a written notice of termination at the end of its then current fiscal year.
8. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior
notice to the other party. Contractor shall provide the City with 120 days written notice prior to cancellation of the
Agreement and shall continue services for a period of time not to exceed 120 days after written notification.
Termination under this paragraph shall not relieve the Contractor of any obligation or liability that has occurred prior
Page 2 of 5
SPECIFICATION NO.
08-965-46
DATED: April 2008
to cancellation. Note: This Agreement is subject to cancellation, without penalty, at any time the City deems
the vendor to be non-compliant with contractual obligations.
9. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in
any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation
laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When
requested, the Contractor shall fumish the City with satisfactory proof of its compliance.
10. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local
standards, codes and ordinances, as well as other authorities that have jurisdiction pertaining to equipment and
materials used and their application. None of the terms or provisions of the specification shall be construed as
waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for
obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees
and costs shall be waived).
11. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract and causes the
City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered
in the re -advertisement of the service and may not be considered in future bids for the same type of work unless the
scope of work is significantly changed.
12. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and
employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs,
expenses, attorney's fees and any and all other costs or fees Incident to the performance of the resulting agreement
and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and
employees.
13. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's
request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of
freedom from liens shall be delivered to the City.
14. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement
shall lie in Williamson County.
15. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an
employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation
insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in
force and effect.
PART II
SPECIFICATIONS
1. SCOPE: This specification describes the Design and Printing of the City's Annual Budget Book.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the design and printing
criteria of the Annual Budget Book, as well as certain details to which the successful bidder shall conform. Bidders
shall be responsible for furnishing and designing a book that meets or exceeds all of the requirements as set forth
herein.
3. BID SUBMITTAL: Bids shall be constructed to include all costs relative to design and production of specified
Budget Book within the required time frame.
3.1. Bidders may be required to make oral presentations/interviews regarding their submittals. These
presentations/interviews provide an opportunity for the Bidder to clarify their submittal to ensure mutual
understanding of the services to be provided and the Bidder's approach to providing these services.
4. QUANTITIES: The following quantities are estimates of the City's need during a twelve (12) month period.
4.1. Books: 50 each
4.2. CD's: 100 each
Page 3 of 5
SPECIFICATION NO.
08-965-46
DATED: April 2008
5. GENERAL:
5.1. A sample of the 2007-2008 Annual Operating Budget Book Is available for review at the Purchasing Office,
221 East Main Street, Round Rock, Texas 78664. This book is for review and informational purposes only
and shall not be removed from the Purchasing Office. Contents of the 2007-2008 Annual Operating
Budget Book can be downloaded from the City's website located under the Finance Department home
page, Budget Office @ www.roundrocktexas.gov
5.2. Successful bidder shall custom design a style, theme and template for the creation and design of the
content and text pages for Round Rock. Successful bidder shall create the presentation and texture and
shall reproduce all of the charts and pages in a graphic program (illustrator) so that they are graphic and
printable.
5.3. Successful bidder shall take a minimum of 20 custom photos that depict the specified theme and produce
the copies for the cover and tab pages.
5.4. Layout shall be produced using Quark, InDesign or other City -approved publishing program.
5.5. All data fumished by the City of Round Rock will be in MS Office Suite format.
5.6. The front and back cover shall be custom designed and printed in 4 -color on the outside front and outside
back, laminated as per sample.
5.7. Book shall have a minimum of fifteen (15) custom designed divider sections with 4 -color photo on front and
back and divider name down side for tab divider pages with divider page on color cover stock, non -
laminate.
5.8. Size of finished book: 8.5' x 11" and shall be bound with plastic coil binding.
5.9. Book shall contain approximate 440 pages of text on color stock, double sided.
5.10. Color stock shall be a minimum of 80- pound weight and be of a buff, natural, ivory or similar color.
5.11. Book shall have a color cover laminated with 10 -mil laminate.
5.12. Book shall contain a minimum of 25 pages of color inside of book in addition to tabs.
5.13. Successful bidder shall custom design approximately 90 graphs to be included in the book and produced in
Illustrator format. Some graphs shall require color reproduction.
5.14. Round Rock seal shall be included on each cover page as per sample submitted and cannot be modified
or distorted.
5.15. Twenty (20) books shall be customized with names.
5.16. Book text shall be in black and white print.
5.17. Successful bidder shall produce a custom CD duplication with 4 -color laser printed sticker label, supplied in
jewel cases.
5.18. Successful bidder shall custom design a CD face art for CD with 4 -color laser printed sticker label, supplied
in jewel cases.
5.19. CD Master.
5.19.1. Cross Platform (readable on Mac & PC based computers)
5.19.2. Read me file
5.19.3. Acrobat viewer on CD
5.19.4. Compile Master PDF file for CD Duplication
5.19.5. Provide Web download files (individual file by tab and compressed file)
5.20. Successful bidder shall attend meetings to discuss the following stages of the design and printing of the
City's Annual Budget Book:
5.20.1. Planning;
5.20.2. Progress;
5.20.3. Production;
5.20.4. Theme;
5.20.5. Photos.
Page 4 of 5
SPECIFICATION NO.
08-965-46
DATED: April 2008
5.21. In addition, the successful bidder shall provide 3 sets of hard copy proofs following a 3 -proof process
consisting of
5.21.1. Initial;
5.21.2. Revision; and
5.21.3. Final Proof by PDF file (or specify method to be used).
5.21.4. The City may request additional proofs.
6. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost increase in
services in accordance with the Producers Price Index at htto://stats.bls.aovfool/. Price increases may be
permitted in accordance with the Producers Price Index for paper, price per page or additional black and white or
color pages. Any price increase to this contract shall be requested by Vendor in writing and shall be accompanied
by the appropriate documentation to justify the increase, and shall be received by City at least ninety (90) days prior
to the agreement review date. Vendor may offer price decreases, even in excess of the allowable percentage
change, at any time during the contract term. The City reserves the sole option to reject any price increase and
terminate this contract should the City and the Vendor not agree on any price increase.
PART III
DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT
1. DELIVERY: Delivery of the Annual Budget Books shall be completed no later than December 1 of each year of the
contract or altemate date upon agreement with the Budget representative for the City, Cheryl Delaney (512) 218-
5445 or her duly authorized representative.
2. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor shall be notified
within this time frame if the unit delivered is not in full compliance with the specifications. If any purchase order is
canceled for a unit for non-acceptance, the needed service may be purchased elsewhere and the vendor may be
charged full increase, if any, in cost and handling.
3. INVOICING: Contractor shall submit one original and one copy of each invoice to the following address:
City of Round Rock
Attn: Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
4. PROMPT PAYMENT POLICY: Payments shall be made within thirty days after the city receives the supplies,
materials, equipment, or the day on which the performance of services was completed or the day on which the City
receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Contractor may
charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in
the event:
4.1. There is a bona fide dispute between the City and Contractor conceming the supplies, materials, services
or equipment delivered or the services performed that causes the payment to be late; or
4.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely
payment with Federal Funds; or
4.3. There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and
Its suppliers concerning supplies, material, or equipment delivered or the services performed which caused
the payment to be late; or
4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or
agreement or other such contractual agreement.
OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this
agreement which arise under the antitrust laws of the United States, 15 USGA Section 1 et sea., and which arise
under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et. seq.
Page 5 of 5
ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. JNSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Specification insurance
against claims for iniurfes to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder, its
agents. representatives volunteers, employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make 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
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
Insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for injuries, including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract conceming liability, duty, and standard
of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance Is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall
give such notices not Tess than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage
for all persons providing services on building or construction projects for a govemmental
entity.
2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTOR'S /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which fumishes persons to provide services on the project. "Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services" does not
Page 2 of 4
e
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, lithe coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
Page 4 of 4
WORK MADE FOR HIRE AGREEMENT WITH GO GO CREATIVE
This Agreement is made on the day of the month of
2008, by and between GoGo CREATIVE, INC., and any of its authors and/or artists
(hereinafter referred to as "Author/Artist," and if there is more than one author/artist
affiliated with the entity, then the entity and all of them collectively) and the CITY OF
ROUND ROCK, TEXAS (hereinafter referred to as the "City").
This Agreement is made simultaneous to an agreement entitled "City of Round
Rock Agreement for Purchase of Graphic Design and Printing of Annual Budget Book
from GoGo Creative, Inc." and encompasses the subject matter contracted for thereunder.
AUTHOR/ARTIST AND CITY HEREBY AGREE THAT:
1. Title and Copyright Assignment
(a) Author/Artist and City intend this to be a contract for services and each considers
the products and results of the services to be rendered by Author/Artist hereunder (the
"Work") to be a work made for hire. Author/Artist acknowledges and agrees that the
Work (and all rights therein, including, without limitation, copyright) belongs to and shall
be the sole and exclusive property of City. Expressly excepted from the definition of
"Work" in this agreement are any and all photographs supplied or used by Author/Artist,
and such photographs (and all rights therein, including, without limitation, ownership and
copyright) shall remain with Author/Artist.
(b) If for any reason the Work would not be considered a work made for hire under
applicable law, Author/Artist does hereby sell, assign, and transfer to City, its successors
and assigns, the entire right, title and interest in and to the copyright in the Work and any
registrations and copyright applications relating thereto and any renewals and extensions
thereof, and in and to all works based upon, derived from, or incorporating the Work, and
in and to all income, royalties, damages, claims and payments now or hereafter due or
payable with respect thereto, and in and to all causes of action, either in law or in equity
for past, present, or future infringement based on the copyrights, and in and to all rights
corresponding to the foregoing throughout the world.
(c) If the Work is one to which the provisions of 17 U.S.C.106A apply, Author/Artist
hereby waives and appoints City to assert on Author/Artist's behalf the Author/Artist's
moral rights or any equivalent rights regarding the form or extent of any alteration to the
Work (including, without limitation, removal or destruction) or the making of any
derivative works based on the Work, including, without limitation, drawings or other
visual reproductions or the Work, in any medium, excepting photographs, for City's
purposes.
00138327/jkg
(d) Author/Artist agrees to execute all papers and to perform such other proper acts as
City may deem necessary to secure for City or its designee the rights herein assigned.
2. Delivery of the Work
(a) Author/Artist will deliver to City on or before any contractually -obligated date the
completed Work (with all illustrations, charts, graphs, graphics, and other material,
including supplements, handouts, reference lists, indexes, etc., in the medium mutually
agreed upon for the Work) in form and content satisfactory to City.
(b) If Author/Artist fails to deliver the Work on time, City will have the right to
terminate this agreement and the referenced simultaneous agreement and to recover from
Author/Artist any sums advanced in connection with the Work. Upon such termination,
Author/Artist may not have the Work published or used in any form elsewhere until such
advances have been repaid.
3. Quoted Material
With the exception of short excerpts from others' works, which constitute fair use,
the Work will contain no material from other copyrighted works without a written
consent of the copyright holder. Author/Artist will obtain such consents at his/her/its own
expense after consultation with City and will file them with City at the time the Work is
delivered. Any obligations associated with permissions will be the responsibility of
Author/Artist.
4. Author/Artist's Warranty
Author/Artist warrants that he/she/it is the sole owner of the Work and has full
power and authority to make this agreement; that the Work does not infringe any
copyright, violate any property rights, or contain any scandalous, libelous, or unlawful
matter. Author/Artist will defend, indemnify, and hold harmless City and/or its licensees
against all claims, suits, costs, damages, and expenses that City and/or its licensees may
sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to
be contained in the Work or any infringement or violation by the Work of any copyright
or property right; and until such claim or suit has been settled or withdrawn, City may
withhold any sums due Author/Artist under the referenced simultaneous agreement.
5. Consideration
In consideration for delivery of the Work in accordance with the provisions of the
referenced simultaneous agreement, City shall pay Author/Artist as indicated therein.
6. Revisions
Author/Artist shall, at the request of City, revise the Work at one year intervals
during the term of the referenced simultaneous agreement.
7. Term and Termination
(a) This agreement shall remain in effect for the same length of time as the referenced
simultaneous agreement unless terminated earlier in accordance with this Section 7.
(b) In the event that either party shall be in default of its material obligations under
this agreement or the referenced simultaneous agreement and shall fail to remedy such
default within sixty (60) days after receipt of written notice thereof, the agreements shall
terminate upon expiration of the sixty (60) day period.
(c) Upon the expiration of the term of this agreement and the referenced simultaneous
agreement, the parties may agree to renew those agreements for additional terms, only as
allowed by the terms of the referenced simultaneous agreement, upon the same terms and
conditions as set forth.
8. Options/Contracts with Third Parties
Nothing contained in Section 7 shall affect any license or other grant of rights,
options, or agreements made with third parties prior to the termination date or the rights
of City in the income resulting from such agreements.
9. Amendments
The written provisions contained in this agreement, taken together inextricably
with the referenced simultaneous agreement, constitute the sole and entire agreement
made between Author/Artist and City concerning this Work, and any amendments to
same shall not be valid unless made in writing and signed by both parties.
10. Construction, Binding Effect, Venue, and Assignment
This agreement shall be construed and interpreted according to the laws of the
State of Texas and shall be binding upon the parties hereto, their heirs, successors,
assigns, and personal representatives; and venue shall lie exclusively in Williamson
County, Texas; and references to Author/Artist and to City shall include their heirs,
successors, assigns, and personal representatives.
IN WITNESS WHEREOF, the parties have duly executed this agreement as of
the date indicated below.
CITY OF ROUND ROCK, TEXAS ATTEST:
By: By:
Printed Name:
Title:
Date:
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
Stephan L. Sheets, City Attorney
GoGo CREATIVE, INC.
By:
c4
Printed Name:
Title: auttat ..,
Date: h--{J,,Q'
DATE: June 19, 2008
SUBJECT: City Council Meeting—June 26, 2008
ITEM: *1061. Consider a resolution authorizing the Mayor to execute an Agreement for
Purchase of Graphic Design and Printing of Annual Budget Book with GoGo
Creative, Inc.
Department:
Staff Person:
Justification:
Finance
Cindy Demers, Finance Director
Graphic design and printing of annual budget book.
Funding:
Cost: $74,100 -5 yr contract term ($14,820 Annually)
Source of funds: General and Utility Funds
Outside Resources: N/A
Background Information:
This contract was formally bid using the City of Round Rock Purchasing bid guidelines. An
evaluation team selected the vendor based on defined evaluation criteria. The contract is for three
years with an option for two extensions.
Public Comment: N/A
Executed
Document
Follows
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
GRAPHIC DESIGN AND PRINTING OF ANNUAL BUDGET BOOK FROM
GoGo CREATIVE, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENT:
That this Agreement for services to provide Graphic Design and Printing of Annual
Budget Book, referred to herein as the "Agreement", is made and entered into on this the 26Q.
day of the month of jj,(.N-e , 2008, between the CITY OF ROUND ROCK, TEXAS, a
home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas
78664, referred to herein as the "City", and GoGo CREATIVE, INC., a Texas corporation,
whose offices are located at 8327 Yaupon Drive, Austin, Texas 78759, referred to herein as the
"Vendor". This Agreement supersedes and replaces any previous agreement between the named
parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase Graphic Design and Printing of Annual Budget
Book, and City desires to procure same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods or services and Vendor is obligated to sell and provide
specified goods or services. The Agreement includes the following: (a) City's Invitation for Bid
designated as IFB 08-028, Specification Number 08-965-46 dated April 2008; (b) Vendor's
Response to IFB; (c) the contract award; and (d) any exhibits, addenda, and/or amendments
thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving
preference in the following order:
(1) This Agreement;
(2) Vendor's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
00 83i g w - �c)(
—
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, or equipment.
F. Services means work performed to meet a demand; the furnishing of labor, time,
or effort by the vendor, involving the delivery of any specific end product.
G. Vendor means GoGo CREATIVE, INC. or any of its successors or assigns.
2.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for three (3) consecutive twelve-month
periods from the effective date hereof. After that term, this Agreement may be renewed for
successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such
renewals, with such renewals to occur on or before the expiration date of the preceding term, and
with such renewals being absolutely predicated upon the express written agreement of both
parties. Such renewals are permitted only provided Vendor has performed each and every
contractual obligation specified in this original Agreement.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://stats.b1s.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods or services as
outlined in IFB 08-028, Specification Number 08-965-46 dated April 2008, and Response to IFB
submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for
all purposes. The intent of these documents is to formulate an Agreement listing the
responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to
the IFB.
2
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully
a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Unit prices listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the goods or
services as determined by City's budget for the fiscal year in question. City may effect such
termination by giving Vendor a written notice of termination at the end of its then -current fiscal
year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
3
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
(a) There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
cause the payment to be late; or
There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
(d) The invoice is not mailed to City in strict accordance with any instructions on the
purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
(b)
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached IFB 08-028, Specification
Number 08-965-46 dated April 2008 (including Attachment A and all other attachments and
exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Cheryl Delaney
Budget Supervisor
221 East Main Street
Round Rock, Texas 78664
512-218-5445
4
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods or services elsewhere, Vendor agrees that it may be charged the difference in
cost, if any, and that it will not be considered in the re -advertisement of the goods or service and
that it may not be considered in future bids for the same type goods or service unless the scope of
work is significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
5
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage prepaid to
the recipient's address as stated in this Agreement
Notice to Vendor:
GoGo Creative, Inc.
Attention: Lisa Mac Gardner
8327 Yaupon Drive
Austin, Texas 78759
Notice to City:
David Kautz
Assistant City Manager/CFO
221 East Main Street
Round Rock, TX 78664
•
Stephan L. Sheets
City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreementshall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
6
24.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
7
7. Term and Termination
(a) This agreement shall remain in effect for the same length of time as the referenced
simultaneous agreement unless terminated earlier in accordance with this Section 7.
(b) In the event that either party shall be in default of its material obligations under
this agreement or the referenced simultaneous agreement and shall fail to remedy such
default within sixty (60) days after receipt of written notice thereof, the agreements shall
terminate upon expiration of the sixty (60) day period.
(c) Upon the expiration of the term of this agreement and the referenced simultaneous
agreement, the parties may agree to renew those agreements for additional terms, only as
allowed by the terms of the referenced simultaneous agreement, upon the same terms and
conditions as set forth.
S. Options/Contracts with Third Parties
Nothing contained in Section 7 shall affect any license or other grant of rights,
options, or agreements made with third parties prior to the termination date or the rights
of City in the income resulting from such agreements.
9. Amendments
The written provisions contained in this agreement, taken together inextricably
with the referenced simultaneous agreement, constitute the sole and entire agreement
made between Author/Artist and City concerning this Work, and any amendments to
same shall not be valid unless made in writing and signed by both parties.
10. Construction, Binding Effect, Venue, and Assignment
This agreement shall be construed and interpreted according to the laws of the
State of Texas and shall be binding upon the parties hereto, their heirs, successors,
assigns, and personal representatives; and venue shall lie exclusively in Williamson
County, Texas; and references to Author/Artist and to City shall include their heirs,
successors, assigns, and personal representatives.
IN WITNESS WHEREOF, the parties have duly executed this agreement as of
the date indicated below.
CITY OF ' OUND ROCK TEXAS ATTEST:
By:
Printed Name:
Title: M h
Date: �p Z 00
By:
atEs.
Sara L. White, City Secretary
nVYt 1 Hr Ivry rvr MU tiro)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78864-5299
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID FACStWILE RESPONSES
OPENING TIME. SHALL NOT BE ACCEPTED
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Purchasing Department
221 East Main Street
Round Rock, Texas 78864-5299
SHOW BID OPENER) GATE a
BD NUMBER W LOWER LEFT
NANO CORNER OF SEALED BO
ENVELOPE a SNOW RETURN
ADDRESS OF WOOING FOWL
BIDDING INFORMATION:
BID NUMBER 08-028
OPENING DATE: 4/15/2008 at 3:00 P.M.
BID LOCATION: 221 E. Main street, Council Chambers,
Round Rock, TX 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
BIODER SHALL SKIN BELOW
Failure to sign bid will dIsqusply bid
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Authoriz $ipnalure ��
4 qt Ali 2-0199/L_ 4 111 e
See 1.7 of
oBudding Instructions on page 2
TAX ID NO.: d J/ o7 L 4 0
This is for the purchase of Graphic Design and Printing of Annual Budget Book in accordance with specification No. 08-965-46, (5 pages), Attachment
A, (5 pages).
LEGAL BUSINESS NAME:
ITEM S
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ADDRESS: Oi301,
DESCRIPTION
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BUSINESS ENTITY TYPE: [./4g,0iliV Dres46. s Wait
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such
entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws,
nor communicated directly or indirectly, the bid made to any competitor or any other person engaged in such line of business."
Bidder agrees to comply with all conditions set forth in this IFB.
This is for the purchase of Graphic Design and Printing of Annual Budget Book in accordance with specification No. 08-965-46, (5 pages), Attachment
A, (5 pages).
The quantllies shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase Is made or implied. The City
will only order the amount needed to satisfy operating requirements. The City reserves the right to increase or decrease order quantities as
needed.
ITEM S
CLASS a ITEM
DESCRIPTION
CITY
UNIT
UNIT PRICE
EXTENSION
1
96548
Graphic Design and Printing of Annual Budget
50
EA
2$�
Pf y' 2.5t1
2
96546
Graphic Design and Printing of Annual Budget
Book on CD
i 00
EA
547D
; 9'70
GRAND TOTAL
1 ilI 00
Bid Sheet
EXHIBIT
nAn
Page 1 of 3
DELIVERY IN
DAYS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS;
1.1 Bidding requires pricing per unit shown and extensions. t trade discount is shown on bd. it should be deducted and net line extensions shown. Bidders guarantees
product offered who meet or exceed specifications identified In this Invitation For Bid (IFB).
1.2 Bids should be submitted ort this form. Each bid shat be placed in a separate envelope completely and properly identified. See instructions on reverse aide. Bids must be
in the office of the Cly Purchasing Agent before the hour and date apedled on the reverse side of this IFB.
1.3 Late bide properly identified will be retuned to bidder unopened. Late bids wil not be considered.
1.4 Bid F.O.B. destination, height, prepaid, 8 allowed unless otherwise specified on the IFB. ff otherwise, show exact coetto deriver.
1.5 Bid unit price on quantity and unit of measure specified, extend and show tofat. In case of errors in extension, unit prices shal govem. Bids subject to unlimited price
increase will not be considered.
1.8 Bid prises shall be firm for acceptance 30 days from bid opening date. "Discount from Ust" bids are not acceptance unless requested. Cash discount will not be
considered in determining the low bid. Al cash discounts offered will be taken it earned
1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign wig disqualify bid. Person signing bid shal stow tittle and authority to bind
signatories firm in a contract Firm name should appear on each page in the block provided in the upper fight comer. Business Entity shall be one (1) of the following:
Individual. Partnership, Sole Propdetorship, Estate/Trust, Corporation, Governmental. Non-profit, all others shall be spedfied. INDIVIDUAL; List name and number as
shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name
of entity and Tax Identification Number (Tn).
1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shag be initialed by bidder or an authorized agent No bld can be
Withdrawn after opening lime without approval of the CiTY based on a written acceptable reason.
1.9 The Cly is exempt from Slate Sales Tex and Federal Excise Tax. Do not include tax in bid.
1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicafmies and award the bid to best serve the Interests of the City, Split awards may be
made at the sole discretion 01 the City.
1.11 Consistent and continued tle bids could cause rejection of bids by the City andror investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB.
1.13 CAUTION; Bid invitation allows sufficient time for receipt of the preferred mail response. The City shal not be responsible for bids received late, illegible, incomplete, or
otherwise non-responsive
2. SPECIFICATION:
2.1 Any catalog. brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of lice
nature and quality wig be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified Is
offered, iflustalons and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference
data in hid, bidder will be required to furnish brand nacres, numbers, etc, as specified in the 1FB.
22 Alt items bid shal be new, in fast dans condition, koluding containers suitable for shipment and storage. unless otherwise Indicated In IFB. Verbal agreements b the
contrary will not be recognized.
2.3 Samples, when requested, must be furnished free o1 expense to the Cly. It not destroyed in examination, they will be returned to the bidder, on request, at bidder expense.
Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid.
2.4 The Cly will not be bound by any oral statement or representation contrary to the written specification of this IFB.
2.5 Manufacturer's standard warranty shag apply unless othetwlse stated In the IFB.
3. TIE BIDS: In case of de bids, the award wig be made in accordance with Section 271.901 of the Texas local Government Code.
4. DELIVERY:
4.1 Bid should slaw number of days required to place material in City's designated location under normal conditions. Failure to state deliver tirne obligates bidder to complete
defivery in fourteen (14) calendar days. Unreatsticaly short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises
without valid reason may cause removal nom bid fat (See 4.2 fdlowknp.)
4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the Cly
advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the Cly to purchase supplies
elsewhere and charge full Increase, II any, In cost and handling to defaulting contractor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Dolvery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent predicable at al times and places, Authorized City personnel shal have
access to any suppliers pace of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with tie bid or on samples taken from
regular shipments. 11 the products tested fag to meet or exceed all cordttlons and requirements of the spedfkkations, the Dost of the sample used and the cost of the testing shall
be borne by the suppler. Goods, which have been delivered and rejected in whale or in part, may. at the City's option. be returned to the Vendor or held for disposition at Vendors
risk and expense. Latent defects may result in revocation of acceptance.
8. AWARD OF CONTRACT: A response to an IFB Is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become
contracts unless and unto they are accepted by the City through Its designates and e purchase order is issued. The contract sural be governed, construed, and interpreted under
the Charter of the City and the laws of State of Texas. AN contracts are subject to the approval of the City Council.
7. PAYMENT: Vendor shall submit three (3) copies of an Invoice showing the purchase order number on al copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for ovedharges associated with this contract which arise under the antitrust awe of the State
of Texas. Tx, Bus. And Comm Code Ann. Sec. 15.01, et seq. (1957).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shal be removed from al
bid lists. By signature hereon affixed, tie bidder hereby certifies that
10.2 The bidder has not given, offered to giro, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip. favor,
or service to 8 pubic servant in connection with the submitted bid.
10.3 The bidder is not currently delinquent in the payment 01 any debt owed the City.
10.4 Nether the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation. or entity has vloleled the
antitrust saws 01 this Sate codified In Section 15.01 eL Seq. Texas Business and Commerdel Code, or the Federal Antitrust Laws. nor communicated directly or bWIrecty
the bid made to any competitor, or any other partial engaged In such line of business.
10.5 The bidder has not received compensation for participation In the preparation of the specification for this IFB.
•
11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such
terms and conditions may result in disqualification of the bid (e.g. bids with to laws of a state other than Texas requirements for prepayment Limitations on remedies, etc.) The
City of Round Rod( can only accept bids which contain all the terms and conditions of 8s formal IFB; in particular, all bidders affirmations and certifications must be knduded.
Submission of bks on forms other than Cly bid form may result in disqualification of your bit.
12. INQUIRIES: Inquiries pertaining to bid Invitations must give bid number, codes. and opening date.
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: IFB 08-028 — GRAPHIC DESIGN AND PRINTING OF
ANNUAL BUDGET BOOK
BIDDER'S NAME: cO&:, C✓ CATIL DATE: Li'13-0g
Provide the name, address, telephone number and point of contact of at least three firms that have
utilized similar service for at least 2 year. References may be checked prior to award. Any negative
responses received may result in disqualification of bid.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
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FAILURE TO PRQVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Reference Sheet Page 3 of 3
SPECIFICATION NO.
08-965-46
DATE: April 2008
CITY OF ROUND ROCK
GRAPHIC DESIGN AND PRINTING OF ANNUAL BUDGET BOOK
1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and labor to Design and Print the
City's Annual Budget Book as identified in the Invitation For Bid (IFB).
2. DEFINITIONS: The following definitions shalt be used for identified terms throughout the specification and bid
document:
2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves
qualified to provide the goods, equipment or services.
2.2. City — Identifies the City of Round Rock, Williamson and Travis Counties, Texas.
2.3. Contract —A mutually binding legal document obligating the Contractor to fumish the goods, equipment or
services, and obligating the City to pay for it.
2.4. Contractor —A person or business enterprise providing goods, equipment, labor and/or services to the City
as fulfillment of obligations arising from a contract or purchase order.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Purchase Order- is an order placed by the Purchasing Office for the purchase of Goods or Services written
on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract.
The Purchase Order is the Bidder's authority to deliver against an existing agreement and invoice the City
for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed
upon price.
2.7. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or services to a
Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the
Contractor's obligations arising from a contract with the City.
3. CONFLICT OF INTEREST
3.1. Effective January 1, 2006, Chapter 176 of the Texas Local Govemment Code (House Bill 914) requires
that any vendor or person considering doing business with a local govemment entity disclose the vendor or
person's affiliation or business relationship that might cause a conflict of interest with a local govemment
entity. The Conflict of interest Questionnaire form is available from the Texas Ethics Commission at
www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or delivered by
hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
Sara White, City Secretary
221 East Main Street
Round Rock, Texas 78664
3.2. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of Interest may automatically
result in the disqualification of the vendor's proposal.
4. CLARIFICATION: For clarification of specifications, bidders shall contact:
Randy Barker
Purchasing Supervisor
City of Round Rock
Telephone: 512-218-3295
The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No
authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without
written approval of the City of Round Rock through the Purchasing Division.
Page 1 of 5
PART I
GENERAL CLAUSES AND CONDITIONS
1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall employ all
personnel for work in accordance with the requirements set forth by the United States Department of Labor.
2. The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace and its
contents by its work, negligence in work, its personnel and equipment. The Contractor shall be responsible and
liable for the safety; injury and health of its working personnel while its employees are performing service work.
SPECIFICATION NO.
05-965-46
DATED: June 2005
3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the
influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s) or
subcontractor (s) employees while in the performance of the service is prohibited. Violation of this requirement
shall constitute grounds for termination of the service.
4. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value shall
be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the
solicitation.
4.1. Bid price
4.2. Reputation of the bidder and of bidder's goods and services.
4.3. The quality of the bidder's goods or services.
4.4. The extent to which the goods or services meet the City's needs
4.5. Bidder's past relationship with the City. All vendors shall be evaluated on their past performance and prior
dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor
workmanship, and/or late delivery.
5. EX PARTE COMMUNICATION
Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parte
communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering
the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be
initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop
a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending
Bidder from consideration or award of the bid then in evaluation, or any future bid.
6. AGREEMENT: This Agreement shall be effective on the date it has been signed by both parties hereto, and shall
remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or
extended as provided herein.
6.1 The term of this Agreement shall be for three (3) consecutive twelve (12) month periods of time from the
effective date. Prices shall be firm for the duration of the Agreement, except as provided for herein. This
Agreement may be renewed for two (2) additional periods of time not to exceed twelve (12) months for
each renewal provided the parties agree.
7. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if
the goveming body of the City does not appropriate funds sufficient to purchase the estimated yearly services or
quantities, as determined by the Citys budget for the fiscal year in question. The City may effect such termination
by giving Contractor a written notice of termination at the end of its then current fiscal year.
6.2 The City reserves the right to review the Vendor's performance at the end of each twelve (12) month period
of time, and to cancel the contract (without penalty) or continue the contract through the next period.
6.3 The City reserves the right to review Vendor's performance at any time during the initial agreement or
renewal period, and may elect to terminate this Agreement with or without cause or may elect to continue.
8. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior
notice to the other party. Contractor shall provide the City with 120 days written notice prior to cancellation of the
Agreement and shall continue services for a period of time not to exceed 120 days after written notification.
Termination under this paragraph shall not relieve the Contractor of any obligation or liability that has occurred prior
Page 2 of 5
SPECIFICATION NO.
08-965-46
DATED: April 2008
to cancellation. Note: This Agreement is subject to cancellation, without penalty, at any time the City deems
the vendor to be non-compliant with contractual obligations.
9. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in
any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation
laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When
requested, the Contractor shall fumish the City with satisfactory proof of its compliance.
10. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local
standards, codes and ordinances, as well as other authorities that have jurisdiction pertaining to equipment and
materials used and their application. None of the terms or provisions of the specification shall be construed as
waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for
obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees
and costs shall be waived).
11. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract and causes the
City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered
in the re -advertisement of the service and may not be considered in future bids for the same type of work unless the
scope of work is significantly changed.
12. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and
employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs,
expenses, attorney's fees and any and all other costs or fees Incident to the performance of the resulting agreement
and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and
employees.
13. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's
request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of
freedom from liens shall be delivered to the City.
14. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement
shall lie in Williamson County.
15. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an
employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation
insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in
force and effect.
PART II
SPECIFICATIONS
1. SCOPE: This specification describes the Design and Printing of the City's Annual Budget Book.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the design and printing
criteria of the Annual Budget Book, as well as certain details to which the successful bidder shall conform. Bidders
shall be responsible for fumishing and designing a book that meets or exceeds all of the requirements as set forth
herein.
3. BID SUBMITTAL: Bids shall be constructed to include all costs relative to design and production of specified
Budget Book within the required time frame.
3.1. Bidders may be required to make oral presentations/interviews regarding their submittals. These
presentations/interviews provide an opportunity for the Bidder to clarify their submittal to ensure mutual
understanding of the services to be provided and the Bidder's approach to providing these services.
4. QUANTITIES: The following quantities are estimates of the City's need during a twelve (12) month period.
4.1. Books: 50 each
4.2. CD's: 100 each
Page 3 of 5
SPECIFICATION NO.
08-965-46
DATED: April 2008
5. GENERAL:
5.1. A sample of the 2007-2008 Annual Operating Budget Book is available for review at the Purchasing Office,
221 East Main Street, Round Rock, Texas 78664. This book is for review and informational purposes only
and shall not be removed from the Purchasing Office. Contents of the 2007-2008 Annual Operating
Budget Book can be downloaded from the City's website located under the Finance Department home
page, Budget Office @ www.roundrocktexas.eov .
5.2. Successful bidder shall custom design a style, theme and template for the creation and design of the
content and text pages for Round Rock. Successful bidder shall create the presentation and texture and
shall reproduce all of the charts and pages in a graphic program (illustrator) so that they are graphic and
printable.
5.3. Successful bidder shall take a minimum of 20 custom photos that depict the specified theme and produce
the copies for the cover and tab pages.
5.4. Layout shall be produced using Quark, InDesign or other City -approved publishing program.
5.5. All data fumished by the City of Round Rock will be in MS Office Suite format.
5.6. The front and back cover shall be custom designed and printed in 4 -color on the outside front and outside
back, laminated as per sample.
5.7. Book shall have a minimum of fifteen (15) custom designed divider sections with 4 -color photo on front and
back and divider name down side for tab divider pages with divider page on color cover stock, non -
laminate.
5.8. Size of finished book: 8.5" x 11" and shall be bound with plastic coil binding.
5.9. Book shall contain approximate 440 pages of text on color stock, double sided.
5.10. Color stock shall be a minimum of 80- pound weight and be of a buff, natural, ivory or similar color.
5.11. Book shall have a color cover laminated with 10 -mil laminate.
5.12. Book shalt contain a minimum of 25 pages of color inside of book in addition to tabs.
5.13. Successful bidder shall custom design approximately 90 graphs to be included in the book and produced in
Illustrator format. Some graphs shall require color reproduction.
5.14. Round Rock seal shall be included on each cover page as per sample submitted and cannot be modified
or distorted.
5.15. Twenty (20) books shall be customized with names.
5.16. Book text shall be in black and white print.
5.17.
Successful bidder shall produce a custom CD duplication with 4 -color laser printed sticker label, supplied in
jewel cases.
5.18. Successful bidder shall custom design a CD face art for CD with 4 -color laser printed sticker label, supplied
in jewel cases.
5.19. CD Master:
5.19.1. Cross Platform (readable on Mac & PC based computers)
5.19.2. Read me file
5.19.3. Acrobat viewer on CD
5.19.4. Compile Master PDF file for CD Duplication
5.19.5. Provide Web download files (individual file by tab and compressed file)
5.20. Successful bidder shall attend meetings to discuss the following stages of the design and printing of the
City's Annual Budget Book:
5.20.1. Planning;
5.20.2. Progress;
5.20.3. Production;
5.20.4. Theme;
5.20.5. Photos.
Page 4 of 5
6. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost increase in
services in accordance with the Producers Price Index at htte://stats.bls.aov/ppi/. Price increases may be
permitted in accordance with the Producers Price Index for paper, price per page or additional black and white or
color pages. Any price increase to this contract shall be requested by Vendor in writing and shall be accompanied
by the appropriate documentation to justify the increase, and shall be received by City at least ninety (90) days prior
to the agreement review date. Vendor may offer price decreases, even in excess of the allowable percentage
change, at any time during the contract term. The City reserves the sole option to reject any price increase and
terminate this contract should the City and the Vendor not agree on any price increase.
SPECIFICATION NO.
08-965-46
DATED: April 2008
5.21. In addition, the successful bidder shall provide 3 sets of hard copy proofs following a 3 -proof process
consisting of
5.21.1. Initial;
5.21.2. Revision; and
5.21.3. Final Proof by PDF file (or specify method to be used).
5.21.4. The City may request additional proofs.
PART 11I
DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT
1. DELIVERY: Delivery of the Annual Budget Books shall be completed no later than December 1 of each year of the
contract or alternate date upon agreement with the Budget representative for the City, Cheryl Delaney (512) 218-
5445 or her duly authorized representative.
2. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor shall be notified
within this time frame if the unit delivered is not in full compliance with the specifications. If any purchase order is
canceled for a unit for non-acceptance, the needed service may be purchased elsewhere and the vendor may be
charged full increase, if any, in cost and handling.
3. INVOICING: Contractor shall submit one original and one copy of each invoice to the following address:
City of Round Rock
Attn: Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
4. PROMPT PAYMENT POLICY: Payments shall be made within thirty days after the city receives the supplies,
materials, equipment, or the day on which the performance of services was completed or the day on which the City
receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Contractor may
charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in
the event:
4.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services
or equipment delivered or the services performed that causes the payment to be late; or
4.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely
payment with Federal Funds; or
4.3. There Is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and
its suppliers conceming supplies, material, or equipment delivered or the services performed which caused
the payment to be late; or
4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or
agreement or other such contractual agreement.
5. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this
agreement which arise under the antitrust laws of the United States, 15 USGA Section 1 et sea., and which arise
under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et. seq.
Page 5 of 5
ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1• INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Specification insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the success ul bidder, its
agents. representatives, volunteers, employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be fumished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be fumished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make 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
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All Insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required Insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for injuries, including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City In the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. Ali notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTOR'S /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This Includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which fumishes persons to provide services on the project. "Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services" does not
Page 2 of 4
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of dassiflcation codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
Page 4 of 4
WORK MADE FOR HIRE AGREEMENT WITH GO GO CREATIVE
This Agreement is made on the day of the month of iA
2008, by and between GoGo CREATIVE, INC., and any of its authors and/or artists
(hereinafter referred to as "Author/Artist," and if there is more than one author/artist
affiliated with the entity, then the entity and all of them collectively) and the CITY OF
ROUND ROCK, TEXAS (hereinafter referred to as the "City").
This Agreement is made simultaneous to an agreement entitled "City of Round
Rock Agreement for Purchase of Graphic Design and Printing of Annual Budget Book
from GoGo Creative, Inc." and encompasses the subject matter contracted for thereunder.
AUTHOR/ARTIST AND CITY HEREBY AGREE THAT:
1. Title and Copyright Assignment
(a) Author/Artist and City intend this to be a contract for services and each considers
the products and results of the services to be rendered by Author/Artist hereunder (the
"Work") to be a work made for hire. Author/Artist acknowledges and agrees that the
Work (and all rights therein, including, without limitation, copyright) belongs to and shall
be the sole and exclusive property of City. Expressly excepted from the definition of
"Work" in this agreement are any and all photographs supplied or used by Author/Artist,
and such photographs (and all rights therein, including, without limitation, ownership and
copyright) shall remain with Author/Artist.
(b) If for any reason the Work would not be considered a work made for hire under
applicable law, Author/Artist does hereby sell, assign, and transfer to City, its successors
and assigns, the entire right, title and interest in and to the copyright in the Work and any
registrations and copyright applications relating thereto and any renewals and extensions
thereof, and in and to all works based upon, derived from, or incorporating the Work, and
in and to all income, royalties, damages, claims and payments now or hereafter due or
payable with respect thereto, and in and to all causes of action, either in law or in equity
for past, present, or future infringement based on the copyrights, and in and to all rights
corresponding to the foregoing throughout the world.
(c) If the Work is one to which the provisions of 17 U.S.C.106A apply, Author/Artist
hereby waives and appoints City to assert on Author/Artist's behalf the Author/Artist's
moral rights or any equivalent rights regarding the form or extent of any alteration to the
Work (including, without limitation, removal or destruction) or the making of any
derivative works based on the Work, including, without limitation, drawings or other
visual reproductions or the Work, in any medium, excepting photographs, for City's
purposes.
00138327/jkg
V ---o -0 4, O1
(d) Author/Artist agrees to execute all papers and to perform such other proper acts as
City may deem necessary to secure for City or its designee the rights herein assigned.
2. Delivery of the Work
(a) Author/Artist will deliver to City on or before any contractually -obligated date the
completed Work (with all illustrations, charts, graphs, graphics, and other material,
including supplements, handouts, reference lists, indexes, etc., in the medium mutually
agreed upon for the Work) in form and content satisfactory to City.
(b) If Author/Artist fails to deliver the Work on time, City will have the right to
terminate this agreement and the referenced simultaneous agreement and to recover from
Author/Artist any sums advanced in connection with the Work. Upon such termination,
Author/Artist may not have the Work published or used in any form elsewhere until such
advances have been repaid.
3. Quoted Material
With the exception of short excerpts from others' works, which constitute fair use,
the Work will contain no material from other copyrighted works without a written
consent of the copyright holder. Author/Artist will obtain such consents at his/her/its own
expense after consultation with City and will file them with City at the time the Work is
delivered. Any obligations associated with permissions will be the responsibility of
Author/Artist.
4. Author/Artist's Warranty
Author/Artist warrants that he/she/it is the sole owner of the Work and has full
power and authority to make this agreement; that the Work does not infringe any
copyright, violate any property rights, or contain any scandalous, libelous, or unlawful
matter. Author/Artist will defend, indemnify, and hold harmless City and/or its licensees
against all claims, suits, costs, damages, and expenses that City and/or its licensees may
sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to
be contained in the Work or any infringement or violation by the Work of any copyright
or property right; and until such claim or suit has been settled or withdrawn, City may
withhold any sums due Author/Artist under the referenced simultaneous agreement.
5. Consideration
In consideration for delivery of the Work in accordance with the provisions of the
referenced simultaneous agreement, City shall pay Author/Artist as indicated therein.
6. Revisions
Author/Artist shall, at the request of City, revise the Work at one year intervals
during the term of the referenced simultaneous agreement.
City of Round Rock, Texas GoGo Creative, Inc.
By:
Printed Name: NO h M- fITA
uV
Title: h/thy <Tv --
Date Signed: 6. 26.O$
Attest:
By:
14,0(Xte
Sara L. White, City Secretary
Sheets, City ttomey
8
Printed Name:
Title:
Date Signed:
FOR CITY, P ' ROVED AS TO FORM:
By:
L. Sheets, City Attorney
GoGo CREATIVE, INC.
By: frt.
Printed Name: �X,1
Title:19
Date: