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Signed Contracts_Digital Designs for Jule Transit LogosMEMO TO: Michael C. Van Milligen, City Manager FROM: David Heiar, Economic Development Director Barbara Morck, Transit Director RE: Bus Decal Production and Application Contract DATE: June 22, 2011 PURPOSE To discuss the contract for services between the City of Dubuque and Digital Designs for the layout, production and installation of the new Jule logos and advertising on the bus exteriors. In conjunction with this memo, we are seeking approval of a contract, which outlines the roles, responsibilities and expectations of the involved parties. The contract was prepared by Barry Lindahl. BACKGROUND A Request for Bid (RFB) process was coordinated by ECIA staff with local companies in the decal production business. The RFB, including vehicle . specifications and dimensions were sent out on January 27, 2011. Four local decal companies submitted bids by the closing date of February 7 2011. Decal bids were reviewed on February 14 2011 and at that time, the lowest bidder, Digital Designs, was selected. DISCUSSION As individual buses have arrived, decals have been applied by Digital Designs, but there were some misunderstandings. Digital Designs did not submit proofs for final review prior to application. As we prepare for the majority of the fleet to arrive, a contract has been drawn up with Digital Designs to outline the roles, responsibilities, expectations and processes to be followed. FINANCIAL The following is the bid provided by Digital Designs along with the number of buses and total costs for logo decals. These costs were included in the make -ready totals and will be paid from the grant monies received by the City for bus replacements. Decal Placement Light Duty Medium Duty Heavy Duty Side 1,728 1,895 3,005 Rear 350 390 310 Door Logo 30 35 35 Expected Costs 2 LD MD Rear, Side and Door Logo 4,216 2 MD Rear, Side and Door Logo 4,640 11 LD Rear and Door Logo 4,180 10 MD Rear and Door Logo 4,250 4 HD Door Logo only 140 Total $17,426 RECOMMENDATION /ACTION Dave Heiar has discussed this matter with City Attorney Barry Lindahi. Since the cost for application of these decals is already included in the budget for bus replacements as funded by Federal grants, the City Manager has the authority to approve this contract. It is recommended that you approve the contract with Digital Designs to complete the layout, production and installation of the new Jule logos and advertising on the bus exteriors (see attached contract). Thank you for your consideration. Decal Placement Light Duty Medium Duty Heavy Duty Side 1,728 1,895 3,005 Rear 350 390 310 Door Logo 30 35 35 Expected Costs 2 LD MD Rear, Side and Door Logo 4,216 2 MD Rear, Side and Door Logo 4,640 11 LD Rear and Door Logo 4,180 10 MD Rear and Door Logo 4,250 4 HD Door Logo only 140 Total $17,426 RECOMMENDATION /ACTION Dave Heiar has discussed this matter with City Attorney Barry Lindahl. Since the cost for application of these decals is already included in the budget for bus replacements as funded by Federal grants, the City Manager has the authority to approve this contract. It is recommended that you approve the contract with Digital Designs to complete the layout, production and installation of the new Jule logos and advertising on the bus exteriors (see attached contract). Thank you for your consideration. AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DIGITAL DESIGNS This Agreement, dated for reference purposes the 14 day of June, 2011, is made and entered into by and between the City of Dubuque, Iowa and Digital Designs of Dubuque, Iowa. Whereas, the City of Dubuque, Iowa (City) is replacing its fleet of buses and desires to provide for the design and production of logo decals and advertising for its buses; and LA yowl" Whereas Digital Designs (Digital) proposes to provide the design and production of logo decals and advertising for City's buses. Now, therefore it is agreed by and between the parties as follows: SECTION 1. CITY'S REPRESENTATIVE. City's representative for purposes of this Agreement is The East Central Intergovernmental Association (ECIA), attn Marla Quinn. SECTION 2. TERM. The term of this Agreement shall be from June 9, 2011, through June 9, 2012. SECTION 3. DECAL PRODUCTION. Digital agrees to provide logo decals and advertising (the Work) for City according to the Decal Production Checklist attached hereto. Digital will not make any design changes to final production without the consent of ECIA. Digital must show an accurate or near accurate final proof to ECIA before decal application. Digital shall not print any decals until ECIA approves final proof. SECTION 4. WARRANTY. Digital warrants that all approved advertising and designs do not infringe upon any trademark or copyright. Digital agrees to defend, indemnify and hold the City of Dubuque, its officers and employees free and harmless from any and all loss, liability, claims and demands, including attorney's fees arising out of the character, contents or subject matter of any copy displayed or produced pursuant to this Agreement. SECTION 5. STANDARDS. All advertisements shall conform to recognized business standards, and shall not conflict with the laws of the United States, the state of Iowa and the City of Dubuque. Graphics, artwork, and copy of advertisements are expected to be of high quality. SECTION 6. PAYMENT FOR SERVICES AND COSTS. Design and production costs and the first monthly payment are due at the time of the signed Agreement. Upon completion and installation of initial decals, an invoice for payment will be sent to Digital. 061011 bal Upon Digital's request, a report of the posting will be sent with the initial invoice. Each invoice will cover the billing period following commencement of posting. All prorated invoices and credits will be computed on the basis of a four -week billing period. SECTION 7. TERMINATION. City reserves the right to terminate this Agreement for convenience upon ninety (90) days written notice, by certified mail. SECTION 8. This Agreement constitutes the entire agreement between the City and Digital. City shall not be bound by any stipulations, conditions, or agreements not set forth in this Agreement. Waiver by the City of any breach of any provision shall not constitute a waiver of any other breach of that provision or any other provision. SECTION 9. DIGITAL CONTACT INFORMATION. Customer Business Name: Digital Designs Contact Name: Ron Shaw Address: 3350 Center Grove Drive Mailing Address: 3350 Center Grove Drive City: Dubuaue State: Iowa Zip: 52003 Email: digitaldesignsc mchsi.com Phone: 563 - 557 -6266 Fax: 563- 585 -1488 CITY OF DUBUQUE DIGITAL DESIGNS By By Micha C. Van Milligen Ron Shaw City Manager F:\ USERS\ tstedde\ LindahMgreements \DigitalDesigns_DecalContract 060911.doc 2 J-Ze- Decal Production Checklist ECIA/Digital supply rendering of bus decal application to Decal Company ECIA/Digital supply images, logos, fonts and other necessary material for the decal to Decal Company Decal Company reviews material and requests any additional information if needed and makes possible suggestions to achieve the wishes of ECIA/Digital. Decal Company supply PDF proofs to ECIA and /or Digital Decal Company prints and applies decal after ECIA/Digital signs off on final proof. ECIA must sign off on final proof before any decals are applied. 3