HomeMy WebLinkAboutC35191 - FY 17-18 - Printing of BrightSide Newsletter Contract No. C35191
CITY OF PALM DESERT , -_
STAFF REPORT
REQUEST: EXTEND CONTRACT NO. C35190 WITH THE PRINTING PLACE
FOR PRINTING OF THE BIMONTHLY BRIGHTSIDE NEWSLETTER
FOR FISCAL YEAR 2017/2018
SUBMITTED BY: David Hermann, Senior Management Analyst
CONTRACTOR: The Printing Place
41651 Corporate Way
Palm Desert, CA 92260
DATE: May 11, 2017
CONTENTS: The Printing Place Contract
Recommendation
By Minute Motion:
1. Approve a one-year extension of the subject contract for bimonthly printing
of the BrightSide newsletter in the amount of $30,162 for fiscal year
2017/2018 as provided for in the contract, and;
2. Authorize the production of an additional BrightSide edition, pursuant to
section 2.3 of the subject contract, in the amount of $5,027.
Funds are available in the 2016/2017 Budget and in the proposed Budget for
2017/2018 in Account No. 1104417- 4302600.
Executive Summary
Approval of this request would ensure quality printing and timely delivery of the BrightSide
newsletter through the end of fiscal year 2017/2018. Staff recommends that the The Printing
Place contract be extended for fiscal year 2017/2018 as per the extension provision in the
contract.
Background
Due to challenging and ever changing post office regulations, the City has instituted a two-year
bid process for printing the BrightSide newsletter. Last year, the City entered into a contract
with Palm Desert-based The Printing Place after a formal bidding process in which The
Printing Place was the lowest qualified bidder for fiscal years 2016/2017 and 2017/2018.
Staff Report
Printing Contract Extension for BrightSide Newsletter
May 11, 2017
Page 2 of 2
The Printing Place has demonstrated experience printing and delivering the BrightSide,
provides quality work, excellent customer service, and has the flexibility needed in a printer for
this particular task. One of the most challenging issues with the newsletter is changing postal
regulations and time-consuming requirements for delivery of bulk mail. The Printing Place
stays abreast of the postal requirements and staff is confident that the company will continue
to work with the City, its contractors, and the Post Office in a professional manner.
To ensure that the July/August edition of the BrightSide is delivered to residents and
businesses at the beginning of July, production must occur in June. Because of this timing,
money for production of the July/August issue must come from the prior fiscal year's budget.
This has created a challenge for accounting and budgeting.
To resolve this, staff is requesting approval of BrightSide printing services by The Printing
Place through the end of fiscal year 2017/2018. The practical result of this is that The Printing
Place will end up producing 13 editions of the newsletter under the existing contract and
proposed extension rather than 12 as originally contemplated. Section 2.3 of the contract with
The Printing Place allows for the printing of additional editions at an identical cost of $5,027
per issue.
Fiscal Analysis
Approval of this contract and expenditure will ensure the BrightSide newsletter is printed
through the end of fiscal year 2017/2018 at a guaranteed fixed printing cost that was the
lowest of competing qualified bidders and more than $5,000 lower than the City paid its
previous contractor for printing of the newsletter. The additional edition is a matter of timing
and accounting and does not represent an added expense to the City. Funds for that edition
are available in the 2016/2017 budget. The fiscal impact in 2017/2018 is $30,162 to the
general fund. Funds have been included in the proposed Budget for 2017/2018 in Account No.
1104417- 4302600.
Submitted By:
David Hermann, Senior Management Analyst
Vaae?Moore, Director of Finance
Approval:
Lauri Aylaian, City Manager
G:\rda\David Hermann\Word Files\BnghtSide\BrightSide Printing Extension 2017-2018 Staff Report.doc
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August 8, 2016
The Printing Place
41-651 Corporate Way
Palm Desert, California 92260
Dear Sir or Madam:
Subject: Contract No. C35190 - Printing of the Bimonthly Brightside
Newsletter for Fiscal Year 2016-2017
At its regular meeting of April 14, 2016, the Palm Desert City Council, by Minute Motion:
1) Awarded subject contract to low bidder The Printing Place, Palm Desert, California,
for printing of the Brighfside Newsletter in the amount of $30,162 for FY 2016-2017,
including an optional one-year extension provision at the same price; 2) authorized the
Mayor to execute said contract.
Enclosed is a copy of the fully executed Agreement for your records. If you have any
questions or require additional information, please do not hesitate to contact us.
Sincerely,
RACHELLE D. KLASSEN, MMC
CITY CLERK
RDK:rlm
Enclosure (as noted)
cc/enc: David Hermann, Management Analyst
Finance Department
{ CONTRACT NO. C35190
CONTRACT SERVICES AGREEMENT FOR
PRINTING OF THE BRIGHTSIDE NEWSLETTER
THIS CONTRACT SERVICES AGREEMENT(herein "Agreement")is made
and entered into this 14th day of April, 2016, by and between the CITY OF PALM
DESERT, a municipal corporation (herein "City") and The Printing Place (herein
"Contractor").
NOW,THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all of the terms and conditions of this Agreement, the Contractor
shall perform the work or services set forth in the "Scope of Services" attached hereto
as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work
and services set forth in the Scope of Services will be performed in a competent,
professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost
and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4 Additional Issues. Contractor shall be offered first right of refusal to print additional
issues of the BrightSide, above and beyond the six(6)issues presented in this contract.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor
shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the
maximum contract amount of Thirty Thousand, One Hundred and Sixty-Two Dollars
($30,162.00) ("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the terms of this
Agreement, Contractor shall be paid $5,027.00 per issue by check for Fiscal Year
2016/17 and upon mutual execution of an optional one-year extension provision, the
same amount($5,027.00 per issue)for Fiscal Year 2017/18.
Page 1 of 8
{
CONTRACT NO. C35190
2.3 Additional Issues. Contractor will be paid $5,027.00 for each additional 8-page issue
of the BrightSide (provided the scope of work is the same), above and beyond the
contracted six(6) issues for Fiscal Year 2016/17 or contracted six (6) issues 2016/17.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor is hereby designated as being the principal and
representative of Contractor authorized to act in its behalf with respect to the work and
services specified herein and make all decisions in connection therewith.
3.2 Contract Officer is hereby designated as being the representative the City
authorized to act in its behalf with respect to the work and services specified herein and
make all decisions in connection therewith ("Contract Officer"). The City Manager of City
shall have the right to designate another Contract Officer by providing written notice to
Contractor.
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with
any entity to perform in whole or in part the work or services required hereunder without
the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall
perform all services required herein as an independent contractor of City and shall
remain under only such obligations as are consistent with that role. Contractor shalt not
at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City.
4.0 INSURANCE, INDEMNIFICATION AND BONDS
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense,
in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of at least
$1,000,000 bodily injury and property damage including coverages for contractual
liability, personal injury, independent contractors, broadform property damage, products
and completed operations The General Liability Policy shall name the City of Palm
Desert as an additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1185) or equivalent language.
(b) Workers' Compensation Insurance. A policy of workers' compensation insurance in
such amount as will fully comply with the laws of the State of California and which will
Page 2 of 8
c ( '
CONTRACT NO. C35190
include$1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability insurance
written on a per occurrence basis with a single limit liability in the amount of$1,000,000
bodily injury and property damage, Said policy shall include coverage for owned, non-
owned, leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including professional liability
insurance in a minimal amount of $1,000,000 if contract has professional liability
exposure, as may be required in the Special Requirements. All of the above policies of
insurance shall be primary insurance and shall name the City, its officers, employees
and agents as additional insured. The insurer shall waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents, and their
respective insurers. In the event any of said policies of insurance are canceled, the
Contractor shall, prior to the cancellation date, submit new evidence of insurance in
conformance with this Section 4.1 to the Contract Officer. No work or services under
this Agreement shall commence until the Contractor has provided the City with
Certificates of Insurance or appropriate insurance binders evidencing the above
insurance coverage and said Certificates of Insurance or binders are approved by the
City. The contractor agrees that the provisions of this Section 4.1 shall not be construed
as limiting in any way the extent to which the Contractor may be held responsible for the
payment of damages to any persons or property resulting from the Contractor's
activities or the activities of any person or person for which the Contractor is otherwise
responsible. in the event the Contractor subcontracts any portion of the work in
compliance with Section 3.3 of this Agreement the contract between the Contractor and
such subcontractor shall require the subcontractor to maintain the same polices of
insurance that the Contractor is required to maintain pursuant to this Section.
4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any
and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be
asserted or claimed by any person, firm or entity arising out of or in connection with the
negligent performance of the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent
acts or omissions of Contractor hereunder, or arising from Contractor's negligent
performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part
of the City, its officers, agents or employees but excluding such claims or liabilities
arising from the sole negligence or willful misconduct of the City, its officers, agents or
employees, who are directly responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys'fees incurred in connection therewith;
Page 3 of 8
CONTRACT NO. C351 90
(b) Contractor will promptly pay any judgment rendered against the City, its officers,
agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of
Contractor hereunder, and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action
or proceeding filed or prosecuted against Contractor for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the
City, its officers, agents or employees, any and all costs and expenses incurred by the
City, its officers, agents or employees in such action or proceeding, including but not
limited to, legal costs and attorneys' fees.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this
Agreement shall continue in full force until June 30, 2017. The parties hereto further
agree that they may renew this Agreement for one (1) year as long as (1) both parties
hereto agree; (2) funding is available; (3) the City Council approves each extension; (4)
The Printing Place is not in default under the terms of the Agreement. Execution is
complete when all parties have signed the agreement.
5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement
at any time, with or without cause, upon thirty, (30) days' written notice to the other
party. Upon receipt of the notice of termination, the Contractor shall immediately cease
all work or services hereunder except as may be specifically approved by the Contract
Officer. In the event of termination by the City, Contractor shall be entitled to
compensation for all services rendered prior to the effectiveness of the notice of
termination and for such additional services specifically authorized by the Contract
Officer and City shall be entitled to reimbursement for any compensation paid in excess
of the services rendered.
6.0 MISCELLANEOUS
6.1 Covenant, Against Discrimination. Contractor covenants that, by and for itself, its
heirs, executors, assigns and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on
account of race, color, creed, religion, sex, marital status, national origin, or ancestry in
the performance of this Agreement. Contractor shall take affirmative action to ensure
that applicants are employed and that employees are treated during employment
without regard to their race, color, creed, religion, sex, marital status, national origin or
ancestry.
6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall
be personally liable to the Contractor, or any successor in interest, in the event of any
Page 4 of 8
CONTRACT NO. C35190
default or breach by the City or for any amount which may become due to the contractor
or to its successor, or for breach of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest
or the financial interest of any corporation, partnership or association in which he is,
directly or indirectly, interested, in violation of any State statute or regulation. The
Contractor warrants that it has not paid or given and will not pay or give any third party
any money or other consideration for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by prepaid, first-class
mail, in the case of the City, to the City Manager and to the attention of the Contract
Officer, CITY OF PALM DESERT, 73-510 Fred Waring Drive, Palm Desert, California
92260, and in the case of the Contractor, to the person at the address designated on
the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in accordance with
the meaning of the language used and shall not be construed for or against either party
by reason of the authorship of this Agreement or any other rule of construction which
might otherwise apply.
6.6 Integration; Amendment. It is understood that there are no oral agreements between
the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. This
Agreement may be amended at any time by the mutual consent of the parties by an
instrument in writing.
6.7 Severability. In the event that part of this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this
agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a non-
defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the
party's consent or approval shall not be deemed to waive or render unnecessary the
other party's consent to or approval of any subsequent act. Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
Page 5 of 8
CONTRACT NO. C35190
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or
made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief which
may be granted, whether legal or equitable, shall be entitled to reasonable attorney's
fees, whether or not the matter proceeds to judgment.
6.10 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that(i) such party is duly organized and existing, (ii)they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
as of the date first written above.
CITY:
CITY OF PALM DESERT,
a municipal corporation
ROBERT A. SPIEGEL, OR
ATTEST:
11110311tram.
City lerk
OV A(TO F (�
orney
CONTRACTOR:
By:
)1A3h o U► l' f J ojc,
Name:
Title:
//GS ) &Ds-95'0-re W t S
Address:
70 42ZCDcD
Page 6 of 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of Cali )
County of_ Ci )
On Malt as ;".n\o before me arV1 W+C '11L1� .X.�Tc c'1 cbl1�,
Date Here Insert Name and Title of the Officer
personally appeared
UName(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( ) whose names) is/are-
subscribed to the within instrument and acknowledged to me that he/she/they executed the same n
his/Pierft eir authorized capacity(ier:),and that by his/herikheir signature(}on the instrument the person(),
or the entity upon behalf of which the person()acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
PAMELA WI R WITNESS my hand and official seal.
; '.r� Commission•2125855
§•4 • Public-California
e Signature_ wiet em3 ,2019R
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached D ment e.ei � 9 t S _L \CSQS -e-�rl;`�
Title or Type of Document: C ktet Lk tip:'•• ate: C t 1 k0
Number of Pages: Signers) Other `-I ? - •• .
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rporate Officer — e(s): tC . O Corporate Officer — Title(s):_
Partner — C Limited 0 General 0 Partner— 0 Umited O General
O Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact
O Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator
u Other: ❑ Other:
Signer Is Representing: Signer is Representing:
02014 National Notary Association•www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item t15907
CONTRACT NO. C35190
EXHIBIT "A"
SCOPE OF WORK
Printing of"The Brightside," the City's newsletter.
Following are the specifications:
Size: (8 pages) 2— 11 x 17 spreads —folds to 81/2 x 11 insert,
Final fold to8 '/2x5 %Z
Quantity: 40,000/edition for six (6) bi-monthly editions
Issues (6): July/August, September/October, November/December,
January/February, March/April, May/June
Stock: 70 lb. Endeavour Velvet Text
Color: 4/4
Copy: Provided on disk by City(or graphic artist)
Post Office Place folded completed newsletters in Post Office flats
Requirements: labeled with the specific quantity for each carrier route.
Pick up postage check from City Hall
Deliver completed newsletters and postage check
to Main Post Office (on Portola Avenue) within five (5) days from
the end of each month. Wait at Post Office for newsletters to be
weighed, reload truck, and drive to Hovley Post Office to unload for
distribution. (This saves the City money for mailing costs).
Delivery of 150 to Visitor Center
Additional 150 to Palm Desert Library
Copies: 500 to Palm Desert City Hall
Page 7 of 8
CONTRACT NO. C35190
EXHIBIT"B"
SCHEDULE OF COMPENSATION
Fiscal Year 2016/17
For Fiscal Year 2016/17, contractor shall be paid $5,027.00 per issue. Payment will be
net 30 days.
Fiscal Year 2017/18
Upon mutual acceptance of the optional one-year extension provision for Fiscal Year
2017/18, contractor shall be paid $$5,027.00 per issue. Payment will be net 30 days.
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