HomeMy WebLinkAbout2002-05-28 - AGENDA REPORTS - QUARTERLY BROCHURE PUBLISHING (2)CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approva :
Item to be presented by: Rick Gould
DATE: May 28, 2002
SUBJECT: EXTENSION OF QUARTERLY BROCHURE PUBLISHING CONTRACT
DEPARTMENT: Parks, Recreation, and Community Services
RECOMMENDED ACTION
City Council extend the current contract with RLF Publishing, for the Seasons brochure, in the
amount of $69,350 for an additional year. The extension is pursuant to the terms and
conditions of the amended original contract, and contingent on funding in the proposed fiscal
year 2002/2003 budget. The funds have been budgeted in the proposed 2002/2003 budget in
account number 7213-7308.
BACKGROUND
The Parks, Recreation, and Community Services Department produces a quarterly brochure
to inform the public of programs, events, and issues within the City. In April of 1998, the
Department accepted proposals in order to find a company that would handle the typesetting,
advertising sales, printing, bulk mail sorting, and delivery of the brochure.
RLF Publishing submitted the best qualified proposal, and was awarded the contract in June
of 1998. The original contract was for one year, with three additional one-year extensions
subject to the approval of the City Council. This renewal would extend that contract by one
year.
RLF Publishing has produced the winter, spring, summer, and fall issues for the City for three
consecutive years. RLF Publishing has performed to expected standards by producing high
quality results at the quoted price.
ALTERNATIVE ACTIONS
Deny request to extend current contract, and direct Parks, Recreation, and Community Services
Department to initiate formal bid process.
Other direction as determined by City Council.
Agenda Item .+
FISCAL IMPACT
The annual project cost is $69,350. Funding for the project is included in the proposed
2002/2003 budget in account number 7213-7308. The total contracted amount is not to exceed
$69,350 per year for a duration of one year.
ATTACHMENTS
Quarterly Seasons Brochure Agreement
RFP is available in the City Clerk's reading file.
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pr\council\u mpts\2002\brchcont02
STATEMENT OF WORK
CITY OF SANTA CLARITA
FOR PARKS, RECREATION. AND COMMUNITY SERVICES
QUARTERLY SEASONS BROCHURE
THIS AGREEMENT, made this day of 2002, by and
between the City of Santa Clarita, hereinafter referred to as CITY, and
hereinafter referred to as CONTRACTOR, is made with reference to the following facts:
A. CITY is desirous of producing four brochures outlining a Municipal Report and
Recreational opportunities available within the CITY beginning with the Fall 2002 season
and ending with the Summer 2003 season. (See Cost Sheet).
B. CONTRACTOR asserts an expertise and ability to produce such a brochure, having
produced brochures for several other municipalities.
C. The request for proposal and bid from CONTRACTOR are attached as A and B
respectively and incorporated herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. CONTRACTOR hereby agrees to produce four Parks, Recreation, and Community
Services Quarterly Seasons Brochures for CITY, the production of the brochures to be in
accordance with the following specifications and requirements:
a. Four brochures will be published each year: Fall, Winter, Spring, and Summer.
b. The brochures shall contain a disclaimer to the effect that businesses or entities
referenced in the publication, through advertising or otherwise, are not endorsed by
CITY.
c. There shall be no political, cigarette, alcohol, pornographic, scandalous, or religious
advertisements contained in the brochure.
d. Advertising space is not to exceed fifteen (15) pages of the printed copy in any issue of
the brochure; advertising space will be approved by CITY at the time of final layout.
e. The back outside cover will be utilized by CITY. The back outside cover will not be
used as advertising space, unless otherwise specified by CITY.
f. The size of the brochure shall be approximately 8-1/4 x 10-3/4.
g. The brochure shall be printed within the approved specifications of the Statement of
Work (abbreviated format attached).
h. Seventy-six thousand (76,000) copies of the summer brochure and seventy-five
thousand (75,000) copies each of all other issues shall be printed in bundles of fifty (50)
and turns of twenty-five (25).
i. The brochure shall be printed on 32-1b High Brite Newsprint, and a four -(4) color
process cover printed on 70-1b. gloss coated book stock. A minimum of 30% recycled
paper content shall be used. Advertisements for each issue shall be confined to the
inside front and inside rear covers, and the Recreation section only.
j. CONTRACTOR shall mail seventy-three thousand (73,000) copies of the Parks,
Recreation, and Community Services Quarterly Brochure via carrier route pre-sort
bulk mail through the U.S. Postal Service. All mail receipts will be submitted to CITY.
k. CONTRACTOR shall deliver all excess books not sorted to the City of Santa Clarita,
23920 Valencia Boulevard, Suite 120, Santa Clarita, CA 91355.
1. Outside front and back cover will be prepared by CITY each quarter and film will be
provided. CONTRACTOR will propose, for approval by CITY, the inside front and
back covers each quarter.
in. CITY to provide to CONTRACTOR covers on disc or film with color proof as
appropriate. Cover will include bleed on all four sides (414), knockouts and reverses.
Printing will be supervised to match color key.
n. Change in paper stock will be agreed upon in writing at the time of approval of each
brochure production schedule.
o. CONTRACTOR to provide CITY with entire completed brochure in PDF format
(portable document format).
2. THE CITY HEREBY AGREES TO:
a. Provide a bulk mail permit and indicia for bulk mailing of the brochure.
b. Provide proofed, double-spaced typed copy and floppy diskette in the order it is to
appear in the brochure to CONTRACTOR six (6) weeks prior to the delivery date as
agreed upon by both parties. Conversion of the diskette is the responsibility of the
CONTRACTOR.
c. Pay to the CONTRACTOR the amount of $ (see cost sheet attached) as total
compensation for the Fall 2002, Winter 200242003, Spring 2003,and Summer 2003
issues, which amounts shall cover the cost of printing and mailing of all issues. Postal
rates may vary and any postal increase will be the responsibility of the CITY.
CITY will assume responsibility for a paper stock cost increase only after;
1. CONTRACTOR provides written proof of the increase no less than four weeks
prior to the printing of the brochure, and
2. CONTRACTOR solicits bids from three (3) other printing companies in an
attempt to find a lower price.
3. TERM. The term of this agreement shall be for one year (twelve months) from the date of
approval by the Santa Clarita City Council. The CITY reserves the right to extend the term
of this agreement for three additional one-year terms. Approval of each one-year term may be
granted by the City Council. CONTRACTOR must submit any proposed changes in costs or
changes in consideration in writing within 60 days of the proposed termination of the
Agreement. Each one-year extension of the Agreement by the City Council shall be evidenced
in writing.
4. ADDITIONAL CONSIDERATION. CONTRACTOR, as an additional consideration for
payment of costs associated with producing the brochure, shall be entitled to retain receipts
from the sale of advertising in the brochure for no more than fifteen (15) pages of advertising.
Costs incurred by CONTRACTOR that result from errors in the original copy submitted by
CITY shall be reimbursed by CITY in the amount of the additional costs incurred. Any costs
incurred by CONTRACTOR that result from typesetting or layout errors shall be assumed by
CONTRACTOR.
5. APPROVAL FOR PRINTING. Final approval of all advertising, program, and information
copy and layout is to be given by CITY. The submission of an approved blueline proof,
initialed by CITY to CONTRACTOR shall constitute final approval for printing.
6. INSURANCE.
a. General Insurance Requirements
1. All insurance shall be primary and the Consultants' general liability and
automobile insurance shall name City of Santa Clarita as an additional insured.
The naming of an additional insured shall not affect any recovery to which such
additional insured would be entitled under the policy if not named as an additional
insured, and an additional insured shall not be held liable for any premium or
expense of any nature on the policy or any extension thereof solely because they are
an additional insured thereon.
2. If the operation under this Agreement results in an increased or decreased risk in
the opinion of the City's Risk Manager, then Consultant agrees that the minimum
limits herein above designated shall be changed accordingly upon written request
by the Risk Manager.
3. Consultant agrees that provisions of this paragraph as to maintenance of insurance
shall not be construed as limiting in any way the extent to which Consultant may be
held responsible for the payment of damages to persons or property resulting from
Consultant's activities, the activities of its subconsultants, or the activities of any
person or persons for which Consultant is otherwise responsible.
4. A Certificate of Insurance and an additional insured endorsement (for general and
automobile liability), evidencing the above insurance coverage with a company
acceptable to the City's Risk Manager shall be submitted to City prior to execution
of this Agreement on behalf of the City.
5. The terms of the insurance policy or policies issued to provide the above insurance
coverage shall provide that said insurance may not be amended or canceled by the
carrier, for nonpayment of premiums otherwise, without 30 days prior written
notice of amendment or cancellation to City. In the event the said insurance is
canceled, Consultant shall, prior to the cancellation date, submit new evidence of
insurance in the amounts heretofore established.
6. All required insurance must be in effect prior to awarding the contract, and it or a
successor policy must be in effect for the duration of the contract. Maintenance of
proper insurance coverage is a material element of the Agreement, and the failure
to maintain and renew coverage or to provide evidence of renewal may be treated by
the City as a material breach of contract. If Consultant, at any time during the
term of this Agreement, should fail to secure or maintain any insurance required
under this Agreement, City shall be permitted to obtain such insurance in
Consultant's name and shall be compensated by Consultant for the cost of the
insurance premiums.
b. General Liability and Property Damage Insurance
Consultant agrees to procure and maintain general liability and property damage
insurance at its sole expense to protect against loss from liability imposed by law for
damages on account of bodily injury, including death therefrom, suffered or alleged to be
suffered by any person or persons whomsoever, resulting directly from any act or
activities of Consultant, its subconsultants, or any person acting for Consultant or under
its control or direction, and also to protect against loss from liability imposed by law for
damages to any property of any person caused directly or indirectly by or from acts or
activities of Consultant, or its subconsultants, or any person acting for Consultant, or
under its control or direction. Such public liability and property damage insurance shall
also provide for and protect City against incurring any legal cost in defending claims for
alleged loss. Such general liability and property damage insurance shall be maintained
in the following minimum limits: A combined single -limit policy with coverage limits in
the amount of $1,000,000 per occurrence will be considered equivalent to the required
minimum limits.
C. Automotive Insurance
Consultant shall procure and maintain public liability and property damage insurance
coverage for automotive equipment with coverage limits of not less than $500,000
combined single limit. If Consultant does not own automobiles, Consultant shall provide
a waiver releasing City from all liability resulting from Consultant's use of personal
vehicles on project.
d. Worker's Compensation Insurance
Consultant shall procure and maintain Worker's Compensation Insurance in the
amount of $1,000,000 or as will fully comply with the laws of the State of California and
which shall indemnify, insure, and provide legal defense for both Consultant and City
against any loss, claim, or damage arising from any injuries or occupational diseases
happening to any worker employed by Consultant in the course of carrying out the
Agreement.
e. Professional Liability Insurance.
Consultant shall maintain professional liability insurance which provides coverage for
negligent professional acts, errors, or omissions for which Consultant is legally liable, in
the amount of $1,000,000 per claim and in aggregate which arises from the performance
of professional services by Consultant under this Agreement.
7. INDEMNITY
a. Consultant agrees to the following:
1. Indemnification for Professional Services. Consultant will save harmless and
indemnify, including, without limitation, City's defense costs (including reasonable
attorney's fees), from and against any and all suits, actions, or claims, of any
character whatever, brought for, or on account of, any injuries or damages sustained
by any person or property resulting or arising, or alleged to have resulted or arisen,
from any negligent or wrongful act, error or omission by Consultant or any of
Consultant's officers, agents, employees, or representatives, in the performance of
Agreement.
2. Indemnification for other Damages. Consultant indemnifies and holds City harmless
from and against any claim, action, damages, costs (including, without limitation,
attorney's fees), injuries, or liability, arising out of this Agreement, or its
performance. Should City be named in any suit, or should any claim be brought
against it by suit or otherwise, whether the same be groundless or not, arising out of
this Agreement, or its performance, Consultant will defend City (at City's request
and with counsel satisfactory to City) and will indemnify City for any judgment
rendered against it or any sums paid out in settlement or otherwise.
b. For the purposes of this section, "City " includes its respective elected and appointed
boards, officials, officers, agents, employees, and volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
d. The requirements as to the types and limits of insurance coverage to be maintained by
Consultant and any approval of said insurance by City, are not intended to and will not
in any manner limit or qualify the liabilities and obligations otherwise assumed by
Consultant pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
8. THE PARTIES agree and understand that the CONTRACTOR will not be an employee of the
CITY, but will be acting under the terms and conditions specified herein and as a self-
employed person, shall be solely responsible for payment of federal and state income and
other taxes, and will not be an employees of the CITY for workers compensation or any other
purposes, will not have unemployment insurance benefits, social security coverage, or other
employee benefits. CONTRACTOR agrees and understands that neither the CONTRACTOR
or any other person employed by the CONTRACTOR shall be in any way an employee of the
CITY.
9. CONTRACTOR shall maintain at all times insurance against liability for Workers'
Compensation, or to undertake self-insurance in accordance with the provisions of the labor
code, and certifies compliance with such provisions. CONTRACTOR agrees to provide
evidence of the Workers' Compensation Insurance coverage prior to execution of the Contract
by CITY.
10. The CITY and the CONTRACTOR agree that the Parks, Recreation, and Community Services
Quarterly Brochure shall be delivered first to Franklin Parkway Distribution Center to be
weighed to appropriate location in the Santa Clarita Valley, no later than the dates specified
as mailing dates on the attached production schedule. Delivery of the brochures by
CONTRACTOR on or before this date is critical to the value of the reports. It is agreed that
should the delivery of each issue of the brochures, in a condition acceptable to the CITY, be
more than five (5) working days late, liquidated damages in the amount of $500 (five -hundred
dollars) shall be paid by the CONTRACTOR to CITY, or offset from any amount owing to
CONTRACTOR from CITY. If the brochure is more than an additional five (5) working days
late, additional liquidated damages in the amount of $500 (five -hundred dollars) shall be paid
by CONTRACTOR to CITY, or offset from any amount owing to CONTRACTOR from CITY.
It is agreed that an additional $200 (two -hundred dollars) per working day in liquidated
damages will be paid for each additional working day the brochure is delivered beyond the
above-mentioned ten (10) working days late, or offset from any amount owing to
CONTRACTOR from CITY. These liquidated damages are not a penalty, but a reasonable
estimation by the parties as to the damages which are likely to be sustained by CITY if
CONTRACTOR does not deliver in a timely manner.
CITY agrees that it is of the utmost importance to deliver its material to CONTRACTOR in a
timely manner. The mailing date shall be extended by a number of days equal to the number
of days for which the CITY fails to provide proofed and typed copy according to the attached
production schedule. It is also understood that there are circumstances when, because of a
missed deadline, CONTRACTOR will need more than an extension of one (1) day, but this
will not exceed three (3) working days. Schedule and mailing date may only be amended in
writing and when agreed to by CONTRACTOR and CITY.
11. CONTRACTOR affirms that the signature, titles, and seals set forth hereinafter in execution
of this contract agreement represent all individuals, firm members, partners, joint ventures,
and/or corporate officers having principal interests herein. In witness whereof the parties
hereto for themselves, their heirs, executors, administrators, successors, and assigns do
hereby agree to the full performance of the covenants herein contained and have caused this
contract agreement to be executed in triplicate by setting hereunto their names, titles, hands,
and seals, this day of 2002.
12. CITY reserves the right to terminate contract from CONTRACTOR in the event of
substandard workmanship, or failure to correct discovered spelling or setup errors as
measured by patterns and practices of the trade. A period of ten working days notice will be
given prior to termination. CITY reserves the right to cancel with cause immediately
following the mailing of each quarterly issue.
WITNESS THE EXECUTION of this Agreement on the day and year first written above.
FOR CONTRACTOR:
Print Name and Title
Date:
FOR CITY OF SANTA CLARITA: Attest:
City Manager
Date:
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BROCH\Contract\Brochure Contract 2002.doc
By:
City Clerk
Date:
Approved as to form:
BURKE, WILLIAMS & SORENSEN
LE
City Attorney
Date:
Seasons Brochure
COSTSHEET
Brochure Page Count
(count + 4 cover)
Price for 75,000 copies
56 + Cover
$14,675
60 + Cover
$15,350
64 + Cover
$16,075
68 + Cover
$16,750
72 + Cover
$17,425
76 + Cover
$18,350
80 + Cover
$19,300
Price for additional 1000 copies above 73,000 = $250/k
Price for additional 6000 copies above 73,000 = $225/k
STATEMENT OF WORK
QUANTITY:
PAPER STOCK:
PRESSWORK:
COLOR SEPARATIONS:
BLEEDS:
75,000 Fall, Winter, and Spring
76,000 Summer
Book: 32 lb High Brite newsprint
Cover/Back — 4/4 Full color process
Bulk permit imprint to be included in design on the back cover
Cover — 4 sides. Pages may bleed.
Include carrier route pre-sort charge for delivery via the US Postal
Service of 73,000. City may increase print total and mail sort total.
TYPESETTING: The brochure copy will be returned for corrections three (3) times
prior to blueline. Vendor will not charge for corrections except
those made on blueline.
Winter 96-97
52 + cover
Spring 97
56 + cover
Summer 97
72 + cover
Fall 97
60 + cover
Winter 97-98
60 + cover
Spring 98
64 + cover
Summer 98
72 + cover
Fall 98
64 + cover
Winter 98-99
68 + cover
Spring 99
68 + cover
Summer 99
80 + cover
Fall 99
64 + cover
Winter 99-2000
68 + cover
Spring 00
72 + cover
Summer 00
80 + cover
Fall 00
64 + cover
Winter 00-01
68 + cover
Spring 01
72 + cover
Summer 01
72 + cover
Fall 01
68 + cover
Winter 01-02
68 + cover
Spring 02
68 + cover
Summer 02
72 + cover