12-R-29 Agreement with Souzamaphone Marketing, LLCRESOLUTION NO. 12-R-29
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH ALEXIS SOUZA DBA SOUZAMAPHONE
MARKETING, LLC, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City
requires professional services relating to Graphic Design Services; and
WHEREAS, City staff has determined that Alexis Souza dba Souzamaphone Marketing,
LLC is uniquely qualified to provide such services for the City; and
WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or
proposals with respect to a procurement for personal, professional, or planning purposes; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Alexis Souza dba Souzamaphone Marketing, LLC pursuant to the Contract
Agreement attached hereto as Exhibit A (the "Agreement").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Alexis Souza dba Souzamaphone Marketing, LLC in substantially
the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 27th day of March, 2012.
CITY O1J` StCHERTZ, TEXAS
Mayor -~~
ATTEST:
City Secretary
(CITY SEAL)
50077397.1
EXHIBIT A
CONTRACT SERVICES AGREEMENT
50077397.1 A-1
Contract to City of Schertz
from Alexis Souza,
dba Souzamaphone Marketing, LLC
in relation to Art, Graphic Design,
Promotional & Marketing Services
SCHERTZ TALES GRAPHIC SERVICES
City of Schertz contracts Alexis Souza as Art Director/Graphic Designer from March 1, 2012' and
continues on the first of the month through February 28, 2013 (12 full Issues) for the following:
• Up to but not exceeding 12 pages of advertising design
Basic layout of ad design from City of Schertz, proofing and all Interface. Ads are to be provided for design a
minimum of 5 business days before final proof deadline. Alexis Souza Graphic Design Is not responsible for
the sales/ntertace with potential advertisers.
• LayouVDesign of articles/photographs provided by City of Schertz for up to but not exceeding 28 total pages
printed. (This Includes any space used/not used by advertising content.)
• Additional Pages will Increase the cost
• Alexis Souza Graphic Design is not responsible for omissions/errors past the final signed proof agreed upon
before files are uploaded to press.
• Final Proof will be provided by Alexis Souza Graphic Design 15 days before press delivery and must be
approved a minimum of 10 days before final product is to be delivered/mailed from the press. (Minimum 5 Day
turnaround after all materials have been provided by City of Schertz to Alexis Souza Graphic Design.) Alexis
Souza Graphic Design Is not responsible for deadlines missed due to changes made past the above deadline.
OTHER SERVICES
• All graphic design services requested by the City of Schertz beyond the parameters of this contract are
considered seperate and will be billed at $95/hour after a quote is approved by the City of Schertz for
requested services.
• All artistic direction and/or consultation services requested by the City of Schertz beyond the parameters of this
contract are considered seperate and will be billed accordingly, after a quote Is approved by the City of Schertz
for requested services.
• All promotional products requested through Souzamaphone Marketing LLC (a state-taxed subsidiary of Alexis
Souza) by the City of Schertz beyond the parameters of this contract are considered seperate and will be billed
accordingly, after a quote Is approved by the City of Schertz for requested services.
• All files/originals are the property of the City of Schertz and will be provided by disc upon receipt of payment for
the corresponding month of publication. City of Schertz retains ownership of all art unless otherwise agreed by
City of Schertz in writing. Hard drives for storage of all digital property will be provided by the City of Schertz or
supplied by Alexis Souza and billed at cost.
OTHER INFORMATION
Alexis Scuza Graphic Desfgn Is a separate company and Is in no way related fo fhe Cify of Schertz using Alexis Souza Graphic Design services. Alexis
Souza and the City of Schertz reserve fhe right fo terminate this conhacf /or any reason stated or not stated, however any notice cf termination by ether party
must be done 30 days in advance. Alexis Souza Graph/c Design and Ciryof Schertz reserve the dghf to change this contract in writing aRer Febmary 1, 2073.
Thfs agreement Is good for one year with the option fo renew log up fo Iroe years.
02/02/12
Alexis Souza aphi eslgn R Date John essel, City Manager Date