Loading...
CM-05-09-164Request for City Council/City Manager Acton City Council City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Finance Contact Person: Noelle Jones/Cheryl Delaney Project Manager/Resource: Cheryl Delaney Project Coordinator: Cheryl Delaney Assigned Attorney: JKay Gayle Council or City Manager Agenda Date: City Manager -September 9, 2005 Blue Sheet Wording Project Name: Annual Budget Book Graphic & Printing Contract Contractor/Vendor: Funding Source: Amount: Gogo Creative 5210-100-19000/40000 $7,690.00 Consider a resolution for Go Go Creative to perform graphic design and printing of the City of Round Rock annual budget book. Finance Information Is Funding Required? Yes El No Finance Approval DFinance EJFinance ElPurchasing Budget Initial Construction Contras Construction Contract Amendmen Change Order Change in Quantity Unforeseen Circumstances Initial Professional Services Agreemen Supplemental Professional Svcs. Agr # Purchasing/Service Agreement Purchase Order Item(s) to be purchased Amount Other (Please clearly identify action on lines below Cheryl Delaney Date Date Date Date 8/23/2005 For Submission to City Manager Only Project Mgr. Signature: Dept. Director Signature City Attorney Signature City Manager Signature: Date: Date: Date: Date: L + provat is required for all items requesting City Manager's approval. Updated 3-9-05 BLUE SHEET FORMAT (Explanation of what is required in specific areas) DATE: September 6, 2005, 2005 SUBJECT: City Manager Approval - September 9, 2005 ITEM: Consider a resolution for GoGo Creative to perform graphic design and printing of the City of Round Rock annual budget book. Department: Finance Staff Person: Cindy Demers Justification: Graphic design and printing of annual budget book Funding: Cost: $7,690.00 (yr) Source of funds: General & Utility Funds Outside Resources: N/A Background Information: Public Comment: N/A Blue Sheet Format Updated 01/20/04 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 contact is for one year with an option of four extensions. CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GRAPHIC DESIGN AND PRINTING OF ANNUAL BUDGET BOOK FROM GO GO CREATIVE THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON 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 fj day ofQ , 2005, by and between the CITY OF ROUND ROCK, TEXAS, a home - rule muniti ality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and GO GO CREATIVE, a sole proprietorship, whose offices are located at 1501 West 5th Street, Suite 111, Austin, Texas 78703 (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 from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for provision of said services, and City has selected Vendor's response to the IFB and 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 05-026, Specification Number 05- 965-46; (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 to the documents in 00090157/jkg cm -o5 -0q_ icif- the following order: (1) this Agreement; (2) Vendor's Response to IFB; (c) City's Invitation for Bids, exhibits, and attachments. 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 GO GO CREATIVE or any of its successors or assigns. 2.01 EFFECTIVE DATE, DURATION, AND TERM 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 three (3) consecutive twelve (12) month periods of time from the effective date. After the initial term, this Agreement may be renewed for two (2) additional periods of time not to exceed twelve (12) months for each renewal, provided both parties agree in writing. Prices shall be firm for the duration of this Agreement, including initial term and renewal terms, except as specifically provided herein. C. City reserves the right to review the Vendor's performance at any time during the initial term or renewal terms, 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 05-026, Specification Number 05-965-46, and Response to IFB submitted as a bid by Vendor, all as are 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. 4.01 ITEMS AWARDED The goods or services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement. They are as fully a part of this Agreement as if repeated herein verbatim. 2 5.01 COSTS The bid costs listed in Exhibit "A" shall be the basis of any charges 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 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. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 9.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without 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 3 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. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 11.01 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. 12.01 INSURANCE Vendor shall meet all requirements as stated in the attached IFB 05-026, Specification Number 05-965-46, and its bid response. 13.01 CITY'S REPRESENTATIVE City hereby designates the following representative 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 14.01 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. 15.01 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; 4 C. Fails to provide adequate assurance of perfonnlance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 16.01 TERMINATION AND SUSPENSION A. City has the right to tenniinate 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. 17.01 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, 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. 18.01 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. 19.01 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. 5 20.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: a) When delivered personally to the recipient's address as stated in this Agreement; or b) 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: Go Go Creative Attention: Lisa Mac Gardner 1501 West 5th Street, Suite 111 Austin, Texas 78703 Notice to City: David Kautz Assistant City Manager/CFO 221 East Main Street Round Rock, TX 78664 AND TO: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 c) Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.01 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. 22.01 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. 23.01 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 6 any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 24.01 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. 25.01 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 GO GO CREATIVE By: By: get,) Title: � ri< ♦ ` Title: 71 Printed Name: C� , N UScIPb • Printed Name: Date Signed: Ot -12-05 EST: P1, J2 ,1 Christine R. Marhez, City Secretary Date Signed: LI / -- 05 APP'O ED ASTOFIRM: L .' . J Stephan L. Sheets, City Attorney Date Signed: iiisio S 8 Date Signed: 6/21/2005 INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME. INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 BID F.O.B. DESTINATION UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: City of Round Rock 221 East Main Street Round Rock, TX 78664 FACSIMILE RESPONSES SHALL NOT BE ACCEPTED SHOW BID OPENING DATE & BID NUMBER IN LOWER LEFT HAND CORNER OF SEALED BID ENVELOPE & SHOW RETURN ADDRESS OF BIDDING FIRM. EXHIBIT nAn BIDDING INFORMATION: Graphic Design & Printing of Annual Budget Book BID NUMBER 05-026 OPENING DATE: 7/5/2005 at 3:00 P.M. BID LOCATION: 221 E. Main Street, 1st Floor Council Chambers, Round Rock, TX 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID BIDDER SHALL SIGN BELOW Failure to sign bid will disqualify bid Authorized Si&S4444 ure to L &4 ,�&e. 7/3755 Print Name SEE 1.7 OF BIDDING INSTRUCTIONS ATTACHED TAX ID NO.: LEGAL BUSINESS NAME: ADDRESS: ADDRESS: CONTACT: TELEPHONE NO.: BUSINESS ENTITY TYPE: 01 -07F2-4-/S(€, GobeD CL1T &'S-t,,rx 7/7x3 S12. Y o.o S( / 6 4(c• PES14A, ffekt Best Bid Evaluation: All bids received shall be evaluated based on the Best Value for the City, which will be determined by considering all or part of the following criteria: Bid Price, Reputation of Bidder, Extent to which the Goods or Services meet the City's needs, and Bidder's Past Relationship with the City; as well as any relevant criteria listed in the attached Specification Number 04-965-46, dated August 2004 (9 pages). BIDDER AGREES TO COMPLY WITH ALL CONDITIONS SET FORTH BELOW ...::X? .......:. :......:...:.. ..+.4:::1 w.v:: i:•:vv:?i{? : r AND ON TH..nE ..R:.•:E.•;VERSE SIDE OF THIS IF B.+}.::v.... :i4::i.ti{v..:i.•: .. ? ...r::}• :••.. :$ r:4:?...v:;r..v .;...}:.:v}.{%?{ .s: ;?,•:}'+•::}:$:•.xr +:}4i4r:ti:f4• :4} v: ..v: :}:?4}:}:• r;•....Iiiil`vv{4Y: k.i :r .rF`rt}i .v?r{$:.r. ii:•}}:..:{v:.•x{•g?{ :i::?v..::. wr ITEM # CLASS & ITEM DESCRIPTION ESTIMATED QUANTITY 1 Graphic Design and Printing of Annual Budget Book As per attached Specification Number 05-965-46, dated June 2005 (9 pages). 50 Books 100 CD's TOTAL PRICE (Lot - Annual) "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." SPECIFICATION NO. 05-965-46 DATE: June 2005 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 furnish 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 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. 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. 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. Page 1 of 9 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. 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 governing 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 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. Page 2 of 9 SPECIFICATION NO. 05-965-46 DATED: June 2005 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 furnish 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. INSURANCE: The Contractor 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 successful bidder, its agents, representatives, volunteers, employees or subcontractors. 13.1 Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 13.2. The following standard insurance policies shall be required: 13.2.1. General Liability Policy 13.2.2. Automobile Liability Policy 13.2.3. Worker's Compensation Policy 13.3. The following general requirements are applicable to all policies: 13.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 13.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 13.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 13.3.4. Upon request, certified copies of all insurance policies shall be fumished to the City 13.3.5. Policies shall include, but not limited to, the following minimum limits: 13.3.6. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 13.3.7. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 13.3.8. 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 Page 3 of 9 SPECIFICATION NO. 05-965-46 DATED: June 2005 each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 13.3.9. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 13.3.10. Coverage shall be maintained for two years minimum after the termination of the Contract. 13.4. 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 Contractor 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. 13.5. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance shall contain and state, in writing, on the certificate or its attachment, the following provisions 13.5.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 13.5.2. 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. 13.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes 13.5.4. Remove all language on the certificate of insurance indicating: 13.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 13.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 13.5.5. Provide for notice to the City at the addresses listed below by registered mail: 13.5.6. Contractor 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 it may be covered by the proceeds of insurance. 13.5.7. 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. 13.5.8. 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. 13.5.9. Contractor 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. 13.5.10. All notices shall be mailed to the City at the Assistant City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664-5299 Page 4 of 9 following addresses: City Attorney City of Round Rock 309 East Main Street Round Rock, TX 78664 SPECIFICATION NO. 05-965-46 DATED: June 2005 13.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 13.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 14. WORKERS COMPENSATION INSURANCE: 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. 14.1. 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. 14.2. 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. 14.3. 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 furnishes 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 include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 14.4. 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. 14.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 14.6. 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. 14.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 14.7.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER shall have on file certificates of coverage showing coverage for all persons providing services on the project; and 14.7.2. 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. 14.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. Page 5 of 9 SPECIFICATION NO. 05-965-46 DATED: June 2005 14.9. 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. 14.9.1. 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. 14.10. 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 shall provide services on the project shall be covered by workers' compensation coverage for the duration of the project, that the coverage shall be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements shall 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. 14.11. 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. 15. 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. 16. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 17. 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. BIDDER QUALIFICATIONS: The opening of a bid shall not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to reject any and all bids. All bidders shall furnish the following information at a minimum: 3.1. References: Provide the name, address, telephone number and point of contact of at least three firms that have utilized the same or similar service. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 3.2. Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. Page 6 of 9 SPECIFICATION NO. 05-965-46 DATED: June 2005 4. BID SUBMITTAL: Bids shall be constructed to include all costs relative to design and production of specified Budget Book within the required time frame. 4.1. 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. 5. QUANTITIES: The following quantities are estimates of the City's need during a twelve (12) month period. 5.1. Books: 50 each 5.2. CD's: 100 each 6. GENERAL: 6.1. A sample of the 2004-2005 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 2004-2005 Annual Operating Budget Book can be downloaded from the City's website located under the Finance Department home page @ www.ci.round-rock.tx.us. 6.2. 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. 6.3. 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. 6.4. 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. 6.5. Size of finished book: 8.5" x 11" and shall be bound with plastic coil binding. 6.6. Book shall contain approximate 440 pages of text on color stock, double sided. 6.7. Color stock shall be a minimum of 80- pound weight and be of a buff, natural, ivory or similar color. 6.8. Book shall have a color cover laminated with 10 -mil laminate. 6.9. Book shall contain a minimum of 15 color Tab divider sheets with bleeds on colored cover stock 1/0. 6.10. Book shall contain a minimum of 22 pages of color inside of book in addition to tabs. 6.11. Successful bidder shall produce a custom CD duplication with 4 -color laser printed sticker label. 6.12. Successful bidder shall custom design a CD face art for CD with 4 -color laser printed sticker label. 6.13. CD Master: 6.13.1. Cross Platform 6.13.2. Mac & PCDisk 6.13.3. Read me file 6.13.4. Acrobat viewer on CD 6.13.5. Compile Master PDF file for CD Duplication and Web download Page 7 of 9 SPECIFICATION NO. 05-965-46 DATED: June 2005 6.14. Twenty (20) books shall be customized with names. 6.15. Book text shall be in black and white print. 6.16. Successful bidder shall attend meetings to discuss the following stages of the design and printing of the City's Annual Budget Book: 6.16.1. Planning; 6.16.2. Progress; 6.16.3. Production; 6.16.4. Theme; 6.16.5. Photos. 6.17. In addition, the successful bidder shall provide 3 sets of hard copy proofs following a 3 -proof process consisting of 6.17.1. Initial; 6.17.2. Revision; and 6.17.3. Final Proof by PDF file (or specify method to be used). 6.17.4. The City may request additional proofs. 6.18. 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. 6.19. Round Rock seal shall be included on each cover page as per sample submitted 6.20. 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. 6.21. Layout shall be produced using Quark, InDesign or other City -approved publishing program. 6.22. All data furnished by the City of Round Rock will be in MS Office Suite format. 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 http://stats.bls.gov/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. PART III DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT 1. DELIVERY: Delivery of the Annual Budget Books shall be completed no later than December 1, 2005 or alternate date upon agreement with the Budget representative for the City, Cheryl Delaney (512) 218- 5445 or her duly authorized representative. Page 8 of 9 SPECIFICATION NO. 05-965-46 DATED: June 2005 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 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. 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 seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et. seq. Page 9 of 9 GOGO Creative 1501 W. 5th, Suite 111 Austin, Texas 78703 Tel 512.480.0881 Fax 512.480.0259 gogocreative.com Request for Proposal: Graphic Design and Printing of Annual Budget Book As per attached Specification Number 05-965-46, July 3, 2005 GOGO Creative 1501 W. 5th, Suite 111 Austin, Texas 78703 Tel 512.480.0881 Fax 512.480.0259 gogocreative.com VENDOR INFORMATION Firm Name: GoGo Creative Address: 1501 West 5th, Suite 11 I ,Austin,Texas 78703 Telephone Number: 512.480.0881 Fax: 512.480.0259 Status: Sole Proprietorship State How long under present name: 7.20.2001 Formerly: Lisa Mac Design: 7.16.1996 Tax Identification Number: 01-0782456 Signer's, I me: Signature: 4.;‘b A/146_, gieivoEx--- Date: July 3, 2005 e-mail address: Iisamac@gogocreative.com website: wwwgogocreative.com GOGO Creative 1501 W. 5th, Suite 111 Austin, Texas 78703 Tel 512.480.0881 Fax 512.480.0259 gogocreative.com EXECUTIVE SUMMARY The City of Round Rock C/O Randy Barker, Purchasing Supervisor City Hall - Purchasing Department 221 East Main Street, Round Rock,TExas 78664 Laredo,Texas 78040 July 3, 2005 Introduction to GoGo Creative: GoGo Creative is a full service design studio who delivers award winning designs, on time and on budget. With 18 years of experience in graphic design, advertising and marketing, owner Lisa Mac Gardner brings a wide range of capabilities to her clients ranging from web design, exhibition, and print materials to advertising, packaging and brand identity programs. Most recently GoGo Creative has just completed and ready to launch a rebrand for the City of Bryan,Texas. The - scope of work included focus groups, online community / city survey, bi-lingual ads, tag line and new city logo. We also just finished the marketing and promotional campaign to launch the citys' new image in September. Also, we just finished development is the new 640 page website for the City of San Marcos. GoGo Creative was awarded the bid after a design competition for the best city website. We have been working closely with the city on this and other recent completed projects such as the 2004 annual report. Last but not least, we were awarded a 2004 Savvy Awards for the category of Publications — Annual Reports, Population Group 65,000 to 126,000 for the City of Killeen and just recently picked up aTAMIOAward for the City of Killeen and the City of San Marcos for Annual report 2005. We enjoy working closely with our clients and our specialized team approach brings a broad range of skills and serv- ices to any client project. Our proven success and fast-track production strategy creates a competitive pricing struc- ture ultimately suited for today's business environment and budget conscious market. Once you get to know us you'll see that we're a tight -knit team of bright and dedicated individuals. We are focused and committed to the needs of our clients. No job is too small or too large to tackle. At GoGo Creative we have a proven track record and are confident that we can achieve the same great success and meet or exceed your expectations. Best Regards, Lisa Mac Gardner Head Honcho GOGO Creative 1501 W.5th, Suite 111 Austin, Texas 78703 Tel 512.480.0881 Fax 512.480.0259 gogocreative.com WHY CHOOSE GOGO CREATIVE?! GoGo Creative Qualifications: • SBE / WEB Certified • HUB Certified - #1010782456600 / 39543 • 18 years experience and proven track record • smart design: fast, efficient, and budget conscious • Can provide turn -key solution for any or all aspects of your annual from design, print, and photography • Commitment and dedication to deadlines, timelines and schedules • Quality, award winning results, year after year • We are passionate about our work and our clients! • We are easy to work with and always give 110%++ percent for our clients! • We are bi-lingual • We are a full service agency, with affordable prices. visit our website at www.gogocreative.com for more info or more samples of our work. GOGO Creative 1501 W. 5th, Suite 111 Austin, Texas 78703 Tel 512.480.0881 Fax 512.480.0259 gogocreative.com RESUME Lisa Mac Gardner - Owner of Gogo Creative Strengths 18 plus years of working design experience in graphic design, marketing and web design. My combined agency, printing, and corporate experience brings a broad range of skills and services to any client project, I am capable of handling all aspects of projects from beginning to end to meet today's competitive structure, uniquely suited to today's business environment. Education BFA in Graphic Design,The University of Texas at Austin, May 1987, Graduated on Dean's List of honors GoGo Capabilities • corporate Identity • tradeshows • radio / tv / media • photography Clients • brochures & pubs • annual reports • newsletters • packaging & print • web design • e-commerce/web • web hosting • database integration • direct mail • email blasts • print ads • promotional items My clients have been CEOs, CFO's,VC's, Engineers, Investment Advisors, Software Developers, Interior Designers, Video Producers, Chefs,Artists, Educators, City Officials, you get the idea.We've been lucky to work with bright and driven people from companies like these: Angel Healthcare Austin Angler Battle Advisory Group Blue Byte Media Buffalo Tech Cain Watters & Associates Castle View Productions City of Bryan City of Killeen City of Round Rock City of San Marcos CCI Triad CCMS CGE&Y Clear Commerce Crossroad Systems Inc Website Display Search General Bandwidth Hispanic Chamber ofAustin iMaccessories Inferdata Infra Works Jardine Foods JanCom Technologies Janice Hanks JPTI Kase, KVET, KFMK Lago Builders Lumatec Metrowerks Millennium Pools Motorola Pacifica Solutions Pinnacle Boats Platypus Planet Remax Homes Salient Systems Sheftall Jewelers Shirley's Cakes Tanisys Technology TechWorks Terra Sol Foods Tuerff-Davis EnviroMedia Inc. University of Texas UniVista Ventix Vieo Waco Human Society Please visit the website at wwwgogocreative for more information or samples of work.With a Bachelor's Degree in Fine Arts, she has been active in the fine arts and design community, having exhibited at numerous shows and produced a large body of work. GOGO Creative 1501 W. 5th, Suite 111 Austin, Texas 78703 Tel 512.480.0881 Fax 512.480.0259 gogocreative.com PROJECT TEAM: Senior Project Manager / Art Director/ Senior Design: Lisa Mac Gardner BA Visual Communications/Design Lisa Mac Gardner will be the senior art director, and design manager who will handle all the design, production and project management as in the past, last two annual budget books Design / Production: Karen Young BS Advertising, University of Texas Contractor Karen has worked as a production assistant on the past two budget books and will assist again on production, charts, and graphs and proofing. GOGO Creative 1 1501 W. 5th, Suite 111 Austin, Texas 78703 Tel 512.480.0881 Fax 512.480.0259 gogocreative.com EXPERIENCE AND REFERENCES City of San Marcos http://www.ci.san-marcos.tx.us Melissa Millecam, Editor, Communications Manager Millecam_Melissa@ci.san-marcos.tx.us Larry Gilley - Past City Manager Dan O'Leary - Present City Manager 630 East Hopkins San Marcos, Texas 78666 ph: 512/393-8105 fax: 512/396-4656 Project Scope: 2001 Annual Report, Budget Book, and Community Response Mailer (Turnkey - Design, Photography, Print) 2002 Annual Report, Budget Book, and Community Response Mailer (Turnkey - Design, Photography, Print) 2003 Annual Report, and Budget Book (Turnkey - Design, Photography, Print) 2004 Annual Report, Budget Book and City Webite (Turnkey - Design & Base Code, set to launch Sept. 2003) This is the beginning of our Fourth year relationship with the City of San Marcos. Initially we were asked to create an image for their Annual Report, which led to overwhelming response with 1st Prize National Savvy Award and 1st Prize Texas Municipal. League Award in 2000, while our 2001 Annual Report garnered a nomination for the National Savvy Award and won a TAMI Award from the Texas Association of Municipal Information Officers. A particularly buzz -generating project was the City's 150th anniversary, "Sesquicentennial, Celebrating 150 Years of Community." They asked for a simple community mailer to honor the occasion. Previous mailers were not being read much, so we took the opportunity to design this mailer as a tool to build community awareness. We sent packets of wildflower seeds with the Sesquicentennial logo and asked the community to join in beautification efforts by plant- ing the seeds. Our mailer became a piece they could read and keep. Other projects include community mailers, annual budget books, bond and budget presentations, annexation com- munications and special projects both internal such as a redesign of their quarterly newsletter. Currently we have just finished out 2004 Annual Report in just 30 days and a brand new website for the city which is due to Launch in September. We are very excited to see the launch of the new site which we created, designed and wrote the base code to support a site that will be maintained easily by the city. We have been successful working closely with our city team, and working on-time and on -budget. And as our clients say, "and stilt doing award winning work." GOGO Creative 1501 VV. 5th, Suite 111 Austin, Texas 78703 Tel 512.480.0881 Fax 512.480.0259 gogo c reati ve.com EXPERIENCE AND REFERENCES City of Killeen http://www.ci.killeen.tx.us Hilary J. Shine, Director of Public Information hshine@ci.killeen.tx.us 101 North College Street P.O. Box 1329 Killeen, Texas 76540 ph: 254/501-7751 fax: 254/634-2484 Project Scope: 2003 & 2004 Annual Report(s) GoGo Creative was awarded the opportunity to work with the City of Killeen to produce the 2003 & 2004 Annual Report. It was an exciting challenge to show all the change, progress and growth. We provided a turn -key solution with design, photography and print to give the best possible piece to the city. It just so happened that our photogra- pher captured a fire in action while he was there and showed the responsiveness of the city at work.The piece was printed digitally to save costs and was produced in about 6 weeks. The City of Kileen 2003 report was a winner of the category of Publications — Annual Reports, Population Group 65,000 to 126,000. Savvy Award and most Recently the 2004 was a winner of the 2004 TAMIO Award as well.. The response from city officials and residents is "It makes me want to live in Killeen". We have included a copy of it so you can take a look at it and read all about Killeen. Please feel free to give Hilary a call and be sure to ask how her boss liked it! GOGO Creative 1501 W. 5th, Suite III Austin, Texas 78703 Tel 512.480.0881 Fax 512.480.0259 gogocreative.com EXPERIENCE AND REFERENCES City of Bryan http://www.bryantx.gov Jay G. Socol, Public Information Officer jsocol@bryantx.gov 300 South Texas Avenue Bryan, Texas 77803 ph: 979/209-5120 fax: 979/209-5107 Project Scope: 2004 - Create Brand Identity for the City of Bryan to include • Community Survey • New City Logo • New Tag line "City Slogan" Most recently GoGo Creative has just completed and recently launched a rebrand for the City of Bryan,Texas. The scope of work included focus groups, online community / city survey, bi-lingual ads, tag line and new city logo. It was just announced a finalist for the SAAVY Award this year. GoGo Creative had the challenge of branding a city who is often in the shadow of their neighboring city College Station. The new brand both visually and verbally captures the essence of the City as well as highlighting its strengths and appeal both inside and outside the community. The scope of work also incorporates a corporate identity manual that offers the graphic standards for proper presentation of the City of Bryan's visual identity. It should account for everything from the use of the logo on stationery and its use on apparel. In other words graphic standards will be established for the purpose of print, web, signage and for use on product premiums. We are currently working on a marketing and promotional campaign to launch the citys' new image in September. The City officials are very pleased and looking forward to the new launch to the community and businesses. Please give Jay Socol a call as they are very happy with the success of the project and process. GOGO Creative 1501 W.5th, Suite 111 Austin, Texas 78703 Tel 512.480.0881 Fax 512.480.0259 gogocreative.com EXPERIENCE AND REFERENCES City of Round Rock http://www.ci.round-rock.tx.us Cheryl Delaney, Budget Supervisor cdelaney@round-rock.tx.us Robbie Sorrell, Budget Analyst rsorrell@round-rock.tx.us 221 East Main Street Round Rock, Texas ph: 512/218.5400 fax: 512/218.5442 Project Scope: 2002-2003 - City of Round Rock, Budget Book GoGo Creative has worked with the City of Round Rock for the first two years. Again we have provided a turnkey solution of design, photography (cover), charts & graphs, and printing.We also create an online version and CD which is sent out to key officials. We really enjoy working with the City of Round Rock and have worked with them closely on planning meetings to make the push for a quick turn go as smoothly as possible. GOGO Creative 1501 W. 5th, Suite 111 Austin, Texas 78703 Tel 512.480.0881 Fax 512.480.0259 gogocreative.com QUOTE / PROPOSAL/ DELIVERABLES Project Scope GoGo Creative shall meet all of the requirements responsible for furnishing and designing a budget book that meets or exceeds the requirements of the rfp. The bid will include all costs relative to design and production and meet the required time frame. Design • GoGo will design annual budget book in the same style as the last year and year before • GoGo will custom design a 4- cover and 15 tab pages (front side) and seal on dividers • GoGo will use the existing style sheet for graphs, text and images from former years so it has same look and feel • GoGo will produce 90 charts and graphs custom designed in illustrator format • GoGo will work in a finished book size of 8.5 x 11 and designed for spiral plastic coil binding • GoGo will provide final layout in quark and meet all design specifications and deadlines outlined by the rfp • GoGo will provide 3 sets of hard copy proofs consisting of initial, revisions and final pdf file for web download • GoGo will provide a minimum of 20 custom photos provided for cover and tab pages Client will be responsible for all necessary decision makers attending meetings, prompt feedback to GoGo, and pro- vide all copy / and text content in electronic format. est - $4,225 Printing • Finished book size is 8.5 x I I • Finished book shall be bound with plastic coil binding • Finished book shall contain 22 pages of color • Finished book shall contain approx 440 pages of text on color stock, double sided • Finished book shall have a color cover laminated with 10 -mil laminated and 15 tab pages with laminated tabs • Finished book shall contain color tab pages on single side like previous year • Finished book shall contain20 customized books with directors and council members • Finished book shall have black ink on all pages - other than specified color pages • Finished book shall be 50 quantity • Finished book shall have same custom stock as last years book which is a premium order Client will be responsible for approval of final proof prior to print. Option 1 - Printing on Ivory Stock - Cougar Opaque Natural White - est - $2,975 Option 2 - Printing on GOGO Stock -Woodstock, Environment - est - $3,395 Annual Budge Book CD • Design custom CD face art - est - $100 • 100 quantity CD duplication & Face Art - est - $220 • 100 quantity CD jewel cases - $50 • Create cross platform master CD for duplication with Acrobat viewer and compiler - est - $120 CD - subtotal - $490 Project Sub Total - $7,690- (based on best paper cost) WO MADE FOR HIRE AGREEMENT WITH GO GO CRE. 'i E This Agreement is made on the day of the month of 4 2005, by and between GO GO CREATIVE, 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 Go Go Creative," and encompasses the subject matter contracted for thereunder. AUTHOR/ARTIST AND CITY HEREBY AGREE THAT: Title Copyright Ass (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 ard 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. 00090198/jkg cm - 05-09 - l C44 (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. etiver - 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. 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. kutnoriArtist'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. iderati 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. Bisons Author/Artist shall, at the request of City, revise the Work at one year intervals during the term of the referenced simultaneous agreement. 'i: e m and Ternfination (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 teaks, only as allowed by the terms of the referenced simultaneous agreement, upon the same terms and conditions as set forth. Options/Contracts with Third Pa 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. Arriend 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. a Construction, Binding Effect, `'e 1e, a d Assign,. el t 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 ATTES ifinPrintUSei Pe: Christine R. Martinez, City Secretary Title: Date: APPROVED AS TO FORM: By: Stephan . Sheets, City Attorney GO GO CREATIVE By: Printed Name: Title: Date: