HomeMy WebLinkAboutC31771 - 1 Yr Extensn - Dove Printing - BrightSide Newsletter Contract No. C31771
CITY OF PALM DESERT
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STAFF REPORT
REQUEST: EXTEND CONTRACT NO. C31770 WITH DOVE PRINTING FOR
PRINTING OF THE BIMONTHLY BRIGHTSIDE NEWSLETTER FOR
FISCAL YEAR 2013/2014
SUBMITTED BY: David Hermann, Management Analyst
CONTRACTOR: Dove Printing
39620 Entrepreneur Lane, Suite C
Palm Desert, CA 92211
DATE: May 23, 2013
CONTENTS: Dove Printing 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 $36,966 for fiscal
year 2013/2014 as provided for in the contract; and
2. Authorize the Mayor to execute said contract. Funds are included in the
proposed Budget for 2013/2014 in Account No. 110-4417-414-3026.
Executive Summary
Due to challenging and ever changing post office regulations, the City has instituted a two-
year bid process for printing the newsletter. Last year, the City entered into a contract with
Palm Desert-based Dove Printing after a formal bidding process in which Dove was the
lowest qualified bidder for fiscal years 2012/2013 and 2013/2014.
Dove has demonstrated experience printing and delivering the BrightSide newsletter,
provides quality work, excellent customer service, and has the flexibility needed in a printer
for this particular task. Staff recommends that the Dove contract be extended for fiscal
year 2013/2014 as per the extension provision in the contract. Approval of this request
would ensure quality printing and timely delivery of the BrightSide newsletter.
Contract No. C31771
Staff Report
Printing Contract Extension for BrightSide Newsletter
June 9, 2011
Page 2 of 2
Back�round
One of the most challenging issues with the newsletter is ever-changing postal regulations
and time-consuming requirements for delivery of bulk mail. Dove Printing 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.
Fiscal Analvsis
Approval of this contract and expenditure will ensure the newsletter is printed six times in
fiscal year 2013/2014 at a guaranteed fixed printing cost that was the lowest of competing
qualified bidders. The fiscal impact is $36,966 to the general fund. Funds have been
included in the proposed Financial Plan for 2013/2014; Account No. 110-4417-414-3026.
Submitted By:
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David Hermann, Management Analyst CITY COUNCILACTION
APPROVF.D ✓ n(?NIF,D
RECEIVED OTHER
MEF.TING DATE -a�`a0/
Paul S. Gibson, Director of Finance pyF,S: � 5 � b �{�,- '�
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Original an File with City Clerk's f�ce
J M. Wohlmuth, City Manager
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June 6, 2012
Dove Printing
Post Office Box 14243
Palm Desert, California 92255
Dear Sir or Madam:
Subject: Contract No. C31770 - Printinq of the Bimonthlv Bri_qht Side
Newsletter for Fiscal Year 2012-2013 with a One-vear
Extension Provision
At its regular meeting of April 26, 2012, the Palm Desert City Council, by Minute
Motion: 1) Rejected the low bidder, iColor Printing & Mailing, Torrance, California;
2) awarded the subject contract to Dove Printing, Palm Desert, California, for printing of
the Bright Side Newsletter in the amount of$35,976 for FY 2012-2013, including a one-
year extension provision in the amount of$36,966, and authorized the Mayor to execute
said agreement.
Enclosed is a fully executed Agreement for your records. If you have any questions or
require any additional information, please do not hesitate to contact us.
Sincerely,
RACHELLE D. KLASSEN, MMC �
CITY CLERK
RDK:rg
Enclosure (as noted)
cc: David Hermann, Management Analyst
Finance Department
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�,.� C�,;�TRACT NO. c i 7�o
CONTRACT SERVICES AGREEMENT F4R
PRINTING OF THE BRIGHTSIDE NEWSLETTER
THIS CONTRACT SERVICES AGREEMENT(herein "Agreement") is made
and entered into this 26th day of April, 2�12, by and befinreen the CITY OF PALM
DESERT, a municipal corporation (herein "City") and Dove Printing (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. Con�ractor 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-Five Thousand, Nine Hundred Seventy-Six Dollars
($35,976) ("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the terms of this
Agreement, Contractor shall be paid $5,996 per issue by check for Fiscal Year 2012/13.
2.3 Add�;�q��(�s��tra�or will be paid $5,996 for each additional 8-page issue of
the Bri rYf� ov l��th scope of work is the same), above and beyond the
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`�' Cb,�dfRACT NO. c3177o
contracted six (6) issues for Fiscal Year 2012/13.
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 al! 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, withaut the prior
written approvai of City. Any such prohibited assignment or fransfer 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 includ(ng coverages for contractual
liability, personal injury, independent contractors, broadform property damage, praducts
and completed operations The General Liability Policy shall name the City of Palm
Desert as an additiona) Insured ln accordance with standard ISO additiona! insured
endorsement form CG2010(1185) or equivatent 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 Califomia and which will
include $1,OOO,Q00 employer's liability.
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��y CCyr+�T'RACT NO. C31770
(c) Business Automobile Insurance. A policy af 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 lnsurance or binders are approved by the
City. The contractor agrees that the provisions of this Section 4.1 shall not be canstrued
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 Confiractor 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 harmtess from, any
and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obtigations, 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 #he sole negligence or willful misconduct of the City, its o�cers, agents or �
employees, who are directty responsibls 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
attomeys'fees incurred in connection therewlth;
(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
Page 3 of S
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� -' CC�.TRACT NO. c3 i��o
the negligent performance of or failure to perform such wark, 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, 2013.
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 terminafiion, the Contractor shall imrnediately 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 speci�cally 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 Agreemer�t. 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 fhe 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 �nancial
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decislon relating to the Agreement which effects his financial interest
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�� Ct�;�+TRACT NO. c3177o
ar the financial interest of any corporation, partnership or association in which he is,
directly or indirectly, interested, in violation of any State statute or regula#ion. 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, 73-610 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 accardance 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 ar�y 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 conceming
the same or any other provision of this Agreement.
6.9 Attorneys' Fees. If elther 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 equltable, shall be entit{ed to reasonable attorney's
fees, whether or not the matter proceeds to judgment.
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��, CO�,M„�RACT NO. �3�>>�
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 behatf 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 i ipal c rporation
ohn M. Wohlmuth, City Manager
ATTEST:
Ra he11e D. Klassen, City Cler .
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APPR dE�AS TO FORM:
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Davi J. in, City Attorney
CONTRACTOR:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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`'�"' Cb�1TRACT NO, c3a 7�0
EXHIBIT "A"
SCOPE OF WORK
Printing of"The Brightside,"the City's newsletter.
Following are the specifications:
Size; (8 pages) 2- 11 x �7 spreads—folds to 8 '/z x 11 insert,
Finalfoldto8 %2x5 %2
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 fb. Endeavour Velvet Text
Color: 4/4
Copy; Provided on disk by City (or graphic artist)
Post Office Place folded completed newsletters in P.O. flats
Requirements: labeled with the specific quantiry 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 Pa1m Desert Library
Copies: 50�to Palm Desert City Hall
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'""'� CC74TRACT NO. c3 i 7�o
EXHIBIT"B"
SCHEDULE OF COMPENSATION
Fiscal Year 2012/13
For Fiscal Year 2011/12, contractor shall be paid $5,996 per issue. Payment will be net
30 days.
Fiscal Year 2013114
Upon acceptance of the one-year extension provision for Fiscal Year 2013/14,
contractor shali be paid $6,161 per issue. Payment will be net 30 days.
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