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HomeMy WebLinkAboutC25440 FY 2006-07 Newsletter PrintingREQUEST: DATE: CONTENT: CITY OF PALM DESERT COMMUNITY SERVICES STAFF REPORT Award Contract No. C25440 to Coachella Valley Printing Group for the printing of the monthly BrightSide newsletter for Fiscal Year 2006/07 with a one-year extension provision. June 22, 2006 Coachella Valley Printing Group Contract Recommendation: By Minute Motion, 1) award the subject contract to Coachella Valley Printing Group for monthly printing of the BrightSide newsletter in the amount of $4,950/month for FY 06/07 and a one-year extension provision including a 4.5% increase; 2) Authorize Mayor to execute same. Funds are available in account number 110-4417-414-3610. Executive Summary: The Coachella Valley Printing Group once again offered the lowest bid for printing of the BrightSide newsletter. Due to the challenging post office regulations, a two-year bid process was conducted, as the learning curve would be extremely high should a new printing company be selected each year. Overall, Staff feels that the C.V. Printing Group provides quality work, outstanding customer service, and has the flexibility needed in a printer for this particular task. Staff recommends the C.V. Printing Group, be approved to print the BrightSide for fiscal years 06/07 with a one-year contract extension for fiscal year 07/08. Due to an anticipated cost increase for paper, the second year bid included a 4.5% increase. Background: The Coachella Valley Printing Group once again offered the lowest bid for printing of the BrightSide newsletter. As in years' past, they never missed a deadline and were more than willing to work with special requests, including an extra edition for Earthquake preparedness. One of the most challenging issues with the newsletter is the ever -changing postal regulations and time-consuming requirements for delivery of bulk mail. For that reason, staff has once again requested a two-year bid. Staff Report BrightSide Newsletter Printing Page 2 Following were the bids received reflecting the cost per month for this fiscal year (1) and the following fiscal year (2): C.V. Printing Group:1) $4,950 2) $5,173.76 Office Max: 1) $5,512 2) $5,512 Ace Direct: 1) $6,897 2) $6,897 Jesa Printing: 1) $8,693 + $30/scan Printworks: 1) $14,235 2) $14,590 The Coachella Valley Print Group stays abreast of the postal requirements, and staff is confident that the C.V. Printing Group will continue to work with the City, our designers, and the post office, in a manner in which we are accustomed. Submitted By: 1��'!1«7 Kristy Krieiding t Marketing Manager Carlos L. Op, ga Praul Gibson City Manager Sheila R. Gilligiin Assistant City Manager Director of Finance CITY COUNCIL A TON: APPROVED ./ DENIED RECEIVED OTHER MaBTIN G DATE ( AYES: 61 S6Y1. he S , Ko LL(/ &c o') NOES: I�lc )/ ABSEW : /'IO)1Q ABSTAIN: . VERIFIRD BY: /11:7 , Original on File w, City Clerk's Office Contract # CONTRACT SERVICES AGREEMENT FOR PRINTING OF THE BRIGHTSIDE NEWSLETTER THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 1 day of July, 2006, by and between the CITY OF PALM DESERT, a municipal corporation (herein "City") and Coachella Valley Printing Group (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 12 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 Sixty -Two Thousand, One -Hundred Dollars ($62,100) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid $4,950 monthly by check for Fiscal Year 2006/07 with the provision of a one-year extension and 4.5% increase for Fiscal Year 2007/08. 2.3 Additional Issues. Contractor will be paid $4,950 for each additional 8-page issue of the BrightSide (provided the scope of work is the same), above and beyond the contracted 12 issues for Fiscal Year 2006/07. Upon approved extension for Fiscal Year 2007/08, additional issues will be billed with at said rate, plus a 4.5% increase. 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 shall 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) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will 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 coverages 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; (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, 2008. 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 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 nondefaulting 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. 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 City Manager ATTEST: City Clerk APPROVED AS TO FORM City Attorney CONTRACTOR: By: Name: Title: By: Name: Title: Address: EXHIBIT "A" SCOPE OF WORK EXHIBIT "B" SCHEDULE OF COMPENSATION EXHIBIT "A" SCOPE OF WORK Printing of "The Brightside," the City's monthly newsletter. Following are the specs: Size: (8 pages) 11 x 17 spreads — folds to 8'/2 x 11 insert, Final fold to 8'/2 x 5'/2 Quantity: 40,000/Month Stock: 70 lb. Topkote Coated dull Color: 4/4 Scans: As necessary — 6 in most issues Copy: Provided on disk by City (or graphic artist) Post Office Place folded completed newsletters in P.O. 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) within 5 days from the end of each month. Wait at Post Office for newsletters to be weighed, reload truck, and drive to Hovely 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 EXHIBIT "B" SCHEDULE OF COMPENSATION Contractor shall be paid $4,950 monthly by check upon approval of submitted invoice for Fiscal Year 2006/07. Upon acceptance of the one-year extension provision for Fiscal Year 2007/08, contractor shall be paid $5,173.76 monthly. Payment will be net 30 days.