Signed Contract_Digital Designs for Bus Decal AdvertisingTHE CITY OF
DUB E
Masterpiece on the Mississippi
TO Michael C. Van Milligen, City Manager
FROM: David Heiar, Economic Development Director
Barbara Morck, Transit Director
RE: Bus Decal Production, Installation and Removal Contract
DATE: August 22, 2012
PURPOSE
Dubuque
i
if
2012
To discuss the contract for services between the City of Dubuque and Digital Designs for the
layout, production, installation and removal of client 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.
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 7th, 2011. Decal bids were reviewed on February 14th, 2011 and at that time, the
lowest bidder was chosen.
Digital Designs was the lowest bidder and a contract was approved for service beginning June
1, 2011. During the contract period, Digital Designs worked closely with ECIA staff, developing
design templates for clients and producing and installing bus decals in a timely manner. The
first year of the bus ad program was a learning experience for both parties; through
collaboration and partnership, best practices, design templates and a process document were
formalized.
In June 2012, Digital Designs provided updated pricing based on the installation and removal
costs associated with the bus ad program. Original pricing did not include removal costs. As
we move into the second year of the program, incorporation of these costs will be necessary.
With removal costs included, Digital Designs pricing remains lower than the other decal
companies providing proposals in 2011.
There is no cost to The Jule or City for the bus decal advertising as all costs involved in the
creation and placing the bus wraps on the bus(es) are paid for by the client purchasing the
advertising. The Jule bills the client (local business) immediately following contract signing.
The client pays the city for production. The Jule receives a bill from Digital Designs which is
then paid by the city.
DISCUSSION
As is noted above, the first year of the bus ad program was a learning experience for both
parties; through collaboration and partnership, best practices, design templates and a process
document were formalized. The client handling, design file transfer, production and installation
process is not simple and again, through Digital Designs cooperation and willingness to assist
and consult on best practices, the process is now finalized.
At present, 26 vehicles are under contract with two additional vehicles beginning contracts fall
2012. 17 of the vehicles currently under contract will be up for renewal in FY 2013. If each of
these vehicles received new decals and the two remaining vehicles are produced in FY 2013,
the total value of the contract would be estimated at a maximum of $37,380.
A contract with Digital Designs has been drawn up and review by assistant city attorney
Maureen Quann to outline the roles, responsibilities, expectations and processes to be
followed.
FINANCIAL
The following is the bid provided by Digital Designs.
Bus Area
Driver Side
Curb Side
Light Duty
Medium Duty
Heavy Duty
$ 1,160,00
$ 1,210.00
$
1,620.00
$ 850.00
$ 965.00
$
1,665.00
Combined sides
$
2,010.00
$
2,175.00
$
3,285.00
Back
$
420.00
$
430.00
$
215.00
All costs are paid by the businesses /organizations that place advertisements on the Jule bus
fleet.
RECOMMENDATION /ACTION
It is recommended that the City Manager sign the attached contract with
complete. the production, installation and removal of the client advertising
Thank you for your consideration.
FAUSERS \Econ Dev \Transit \Transit - Rebranding\20120823 MEMO Bus Decals - Digital Designs.doc
Digital Designs to
on the bus exteriors
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DIGITAL DESIGNS
This Agreement, dated for reference purposes the 1St day of September, 2012, 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 seeking production of advertising
and logo decals for its buses; and
Whereas Digital Designs (Digital) proposes to provide the production and
installation of logo decals and advertising (Advertisements) for City's buses.
Now, therefore it is agreed by and between the parties as follows:
SECTION 1. CITY'S REPRESENTATIVE. City's designated representative for
purposes of this Agreement is Candace Eudaley from The East Central
Intergovernmental Association (ECIA).
SECTION 2. TERM. The original term of this Agreement shall be from September 1,
2012, through August 31, 2013 (Term) with the option to renew for two (2) additional
one (1) year terms (Renewal Terms).
SECTION 3. DECAL PRODUCTION. Digital agrees to provide logo decals and
advertising for businesses (Advertising Customers) for display on City buses according
to Attachment A, Decal Production Process Checklist, and Attachment B, Decal Pricing
Guide. Digital will provide an editable design template for each bus type. Digital will
provide templates to Advertising Customers and to the City for design purposes only.
Such templates will remain the joint property of Digital Designs and the City. Digital will
not make any design changes to final production without the consent of the City and the
Advertising Customer. Digital must show accurate or near accurate final proofs of all
Advertisements to City and the Advertising Customer before decal applications of
Advertisements are placed on buses. Digital shall not print any decal applications of
Advertisements until the City and the Advertising Customer approve final proofs of such
Advertisements.
SECTION 4. WARRANTY. Digital warrants that all approved Advertisements and
designs do not infringe upon any trademark or copyright.
SECTION 5. INDEMNIFICATION. 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,
08092012maq
contents or subject matter of any Advertisements displayed or produced pursuant to this
Agreement.
SECTION 6. STANDARDS. All Advertisements shall conform to recognized business
standards. Graphics, artwork, and copy of Advertisements shall be of high quality.
SECTION 7. COMPLIANCE WITH APPLICABLE LAWS. Advertisements created
pursuant to this Agreement shall not conflict with the applicable laws of the United
States, the State of Iowa, the City of Dubuque and /or any other applicable laws.
SECTION 8. PAYMENT FOR SERVICES AND COSTS. Digital will bill the City
directly for production and installation costs in advance, upon execution of a signed
contract between the City and the Advertising Customer. A copy of such contract will
be provided to Digital for reference purposes. Each invoice will describe and cover the
production and installation costs for the project described in the signed contract
between the City and the Advertising Customer provided to Digital by the City.
SECTION 9. TERMINATION_ City reserves the right to terminate this Agreement for
any reason upon not less than ninety (90) days written notice to Digital.
SECTION 10. ENTIRE AGREEMENT. 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.
SECTION 11. WAIVER. 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 12. ASSIGNMENT. The parties may not assign all or any part of this
Agreement without the prior written consent of the other. Such written consent shall not
be unreasonably withheld.
SECTION 13. DISPUTE RESOLUTION. The parties agree to submit any dispute or
disagreement between the parties arising out of or in connection with any term or
provision of this Agreement, the subject matter hereof, or the interpretation or
enforcement hereof to mediation, and if mediation is not successful, then to binding
arbitration.
SECTION 14. SEVERABILITY. If any provision of this Agreement is deemed by any
court or other competent authority to be void or unenforceable in whole or in part, this
Agreement shall continue to be valid as to the other provisions thereof and the
remainder of the affected provision.
SECTION 15. FORCE MAJEURE. Neither party will be liable to the other or be
deemed in breach of this Agreement for any failure or delay in rendering performance
arising out of causes beyond its reasonable control and without its fault or negligence.
Such causes may include, but are not limited to, acts of God or the public enemy,
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terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions,
strikes, freight embargoes or unusually severe weather. The party whose performance
is affected agrees to notify the other promptly of the existence and nature of any delay.
SECTION 16. HEADINGS. The section headings contained in this Agreement are
included herein for reference purposes only, solely for the convenience of the parties
hereto, and shall not in any way affect the meaning, interpretation or applicability of this
Agreement or any term, condition, or provision hereof.
SECTION 17. APPLICABLE LAW. This Agreement shall be governed by and
construed solely in accordance with the laws of the State of Iowa.
SECTION 18. NOTICES. Notices provided pursuant to this Agreement shall be given
or made in writing and deposited in the United States mail, registered and postage
prepaid„ to the following:
To Digital Designs:
Ron Shaw
3350 Center Grove Drive
Dubuque, IA 52003
To City:
Michael C. Van Milligen
City Manager
50 West 13th Street
Dubuque, IA 52001
cc:
Candace Eudaley
East Central Intergovernmental Association
7600 Commerce Park
Dubuque, IA 52002
CITY OF DUBUQUE
DIGITAL DESIGNS
By By
Mic ael C. Van Milligen
City Manager
41
Ron Shaw
ATTACHMENT A
Decal Production Process Checklist
After a signed contract is received from the Advertising Customer, City provides
a copy of such contract to Digital Designs and contacts Digital Designs to schedule
production.
Advertising Customer supplies artwork to City and Digital 30 days prior to
production date.
City /Advertising Customer supply rendering of bus decal application to Digital.
City /Advertising Customer supply images, logos, fonts and other necessary
material for the decal to Digital.
Digital reviews material and requests any additional information if needed and
makes possible suggestions to achieve the wishes of City /Advertising Customer.
Digital supply PDF proofs to City and Advertising Customer.
Digital prints and applies decal after City and Advertising Customer sign off on
final proof. City and Advertising Customer must sign off on final proof via e-mail befor.
any decals are applied.
M
ATTACHMENT B
Decal Pricing Guide
Decal pricing includes time required to prepare files, remove existing decals, produce
new decal and install new decal. No changes to the decal pricing guide can be made
by either party while this contract is in effect.
Vehicle Type and Decal Position
Dimensions
Price
Light Duty and Sprinter Vehicle
Passenger Side
151.5" x 72"
$850
Driver Side
202" x 72"
$1160
Rear
76" x 70"
$420
Medium Duty Vehicle
Passenger Side
191.5" x 68"
$965
Driver Side
252" x 68"
$1210
Rear
71" x 79"
$430
Heavy Duty Vehicle
Passenger Side
173" x 98"
$1665
Driver Side
197" x 98"
$1620
Rear
84" x 30"
$215
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