HomeMy WebLinkAbout25G - AGMT - REC. BROCHUREREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 17, 2017
TITLE:
AGREEMENT WITH ADVANTAGE MAILING
FOR PRINTING SERVICES OF THE
QUARTERLY RECREATION BROCHURE
{STRATEGIC PLAN NO. 5, 6C}
CIT
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 16` Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Advantage
Mailing to provide printing services of the quarterly recreation brochure in an annual amount not
to exceed $25,000, for a term from January 17, 2017 through February 16, 2019, with two, one -
year renewal options, subject to non - substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
The Parks, Recreation and Community Services Agency ( PRCSA), on October 31, 2016, issued
a Request for Proposal (RFP) for printing services for the quarterly city news and recreation
brochure. The Agency received 3 proposals from interested companies. One was proposal did
not submit the required documents and therefore was not considered.
An evaluation committee consisting of two representatives from PRCSA Recreation and one from
PRCSA Library- Technology reviewed and rated the proposals. The proposals were evaluated
according to the criteria listed in the RFP, which includes firm /team experience, relevant project
experience, scope understanding, references and fee. The results of the RFP evaluation were as
follows:
Company
Ranking
Advantage Mailing
1
1 Color Printing and Mailing
2
The committee ranked Advantage Mailing higher due to their experience in working with the City
and proximity of their offices, which is helpful as transfer of materials, to and from offices, must
sometimes be hand delivered just prior to the printing deadlines. The City proposes to enter into
a two -year agreement with Advantage Mailing with two, one -year renewal options, for printing
services for the quarterly city news and recreation brochure.
25G -1
Agreement with Advantage Mailing
January 17, 2017
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement &
Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of
all residents), Strategy C (Integrate a variety of health and wellness programs into existing
programming at each of the city's community /recreation centers (e.g. Develop equitable health
access points)).
FISCAL IMPACT
Funds are available in the following accounts for the specified years of the initial term:
Accountina Unit
01113230 - 62300)
FY 16/17 FYI 7/18 FYI 8/19
12,500 $ 25,000 $ 1
Funds are available in the following accounts for the specified years of the two, one -year renewal
terms:
Accounting Unit
PRCSA- Recreation (no. 01113230- 62300)
Gerardo Mouet
Executive Director
Parks, Recreation and Community Services
Agency
EXHIBIT: 1. Agreement
FY 18/19 FYI 9/20 FY20/21
$ 1
12,500
APPROVED AS TO FUNDS AND ACCOUNT:
S e
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
25G -2
AGREEMENT FOR PRINTING SERVICES FOR THE
CITY RECREATION AND PROGRAM BROCHURE
THIS AGREEMENT is made and entered into this 17th day of January, 2017 by and between Advantage
Mailing ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California ( "City "),
RECITALS
A. On October 31, 2016, the City issued Request for Proposal No. 16 -133, by which it sought
proposals from qualified firms for printing services for the quarterly news and recreation brochure
published by the City.
B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents
that it is able and willing to provide the services described in the scope of work that was included
in RFP No. 16 -133 as Attachment 1 and that is attached to this Agreement in its entirety as Exhibit
A.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable
in its field and that any services performed by Contractor under this Agreement will be performed
in compliance with such standards as may reasonably be expected from a professional consulting
firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform those services as set forth in Exhibit A to this Agreement. Contractor's
proposal is incorporated herein by reference,
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services the
rates and charges identified in Exhibit B or as otherwise mutually agreed per project. The
total annual sum to be expended under this Agreement shall not exceed $25,000 during the
term of this Agreement,
b. Payment by City shall be made within forty -five of days (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work that fails to meet the standards of performance set
forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on January 17, 2017 and terminate on January 16, 2019, unless
terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended
for two (2) one -year periods upon a writing executed by the City Manager and the City Attorney.
Ahigit
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Contractor performs the services which are the
subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in
a manner consistent with all applicable standards and regulations governing such services. Contractor shall
pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting therefrom
and damage to property, resulting from any act or occurrence arising out of Contractor's
operations in the performance of this Agreement, including, without limitation, acts
involving vehicles, The amounts of insurance shall be not less than the following: single
limit coverage applying to bodily and personal injury, including death resulting therefrom,
and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000
in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self - insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the California Labor Code,
Contractor, if Contractor has any employees, is required to be insured against liability for
worker's compensation or to undertake self- insurance. Prior to commencing the
performance of the work under this Agreement, Contractor agrees to obtain and maintain
any employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $2,000,000 in the aggregate.
C. The following requirements apply to the insurance to be provided by Contractor pursuant
to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
Mit4
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(3 0) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
If Contractor fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to terminate
this Agreement, Such termination shall not affect Contractor's right to be paid for its time
and materials expended prior to notification of termination. Contractor waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to
approval of insurance by the City.
6. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury,
including death, and claims for property damage, which may arise from the negligent operations of the
Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates
to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of tire events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement, City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
Contractor Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor.
RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this
Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor
shall allow a representative of the City to examine, audit, and make transcripts or copies of such records
and any other documents created pursuant to this Agreement during regular business hours. Contractor
shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement
for a period of three (3) years from the date of final payment to Contractor under this Agreement.
P -MV
8. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful
possession of the Contractor an obligation of confidentiality, (d) is required to be disclosed by operation
of law; or (e) is independently developed by the Contractor without reference to information disclosed by
the City.
9. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,
which would conflict in any manner with performance of services specified tinder this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the mamler provided
in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P,O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
With courtesy copies to:
To Contractor:
Gerardo Mouet,
Executive Director
Parks, Recreation, and
Community Services Agency
City of Santa Ana
20 Civic Center Plaza M -23
P.O. Box 1988
Santa Ana, California 92702
Advantage Mailing
1600 N. Kraemer Blvd
Anaheim, CA 92806
MTI`• •0
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address, If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor
regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between
the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail, This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor, The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been
made by any party, or anyone acting on behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the
City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be tenninated by the City upon thirty (3 0) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Consultant compensation for
all services performed by Contractor prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver
to the City all work product completed as of such date, and in such case such work product
shall be the property of the City unless prohibited by law, and Contractor consents to the
City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be, made for work that fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. NONDISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
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recruitment, selection, training, utilization, promotion, termination or other employment .related activities
or in connection with any activities under this Agreement. Contraetor affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in cortneetion
with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Contractor shall notify the City immediately and in writing ofits inability to obtain
or maintain such permits, licenses, approvals, waivers, and exemptions, Said inability shall be cause for
termination of this Agreement,
17. MISCELLANEOUS PROVISIONS
a, Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agr:eenicnt Ilia date and year first above
written.
ATTEST:
Maria D. Huizar
Clark of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Johrr Funk
Assistan t City Attorney
CITY OF SANTA ANA
David Cavazos
City Manager
CONTRACTOR:
Name:
Title:
Ad't6
RECOMMENDED FOR APPROVAL:
Gerardo Monet
Executive Director
Parks, Recreation, and Community Services Agency
tj�Y1 'Ire
i
Appendix
AT'TACHMEN'T T
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
PRINTING SERVICES FOR THE
QUARTERLY CITY NEWS AND RECREATION BROCHURE
RFP NO,: 16 -133
1. The City of Santa Ana is interested in awarding a professional services agreement for the City's Recreation
& Program Brochure, The Brochure is published four times a year; each publication averages 25 pages and
is distributed by U.S. Mail services. There is a 4 page glossy cover/back that is a part of the 25 page
average; the interior pages are two -tone (black text in a PMS color).
2. The initial proposal shall be for a term of two years, and shall include a renewal option of two additional
one year periods. Maximum term will be four years. Pricing shall be firm and fixed for the term of the initial
two year Professional Services Agreement.
3. Supplier will provide all personnel, equipment, supplies, printing and transportation necessary to perform
graphic design services as outlined in the scope of work. If additional items are needed, include all
appropriate pricing details,
4. The City of Santa Ana reserves the right to evaluate the production of any or all of the brochures, and to
rescind the award if quality, value and performance do not meet the satisfaction of the City.
5. All quotations should include state sales tax, itemized separately. Please make sure that pricing for each
element of service that you provide is included. The current publication can be viewed on the City of Santa
Ana website www.santa - ana.org although there may be layout and formatting changes at any time.
6. The City of Santa Ana is a PC based organization with a PC based design group that works in Adobe
Creative Suite. Brochure files must be saved in PC format and in the native application and with version
CS5. All graphics are preferably vector artwork. If artwork is a photo /image, they are to be medium to high
resolution (200 dpi mininnmi). Do not embed graphic /photo files into the documents. Cover design/artwork
should always include high resolution photography (large format with at least 300 dpi). If Contract Designer
works on an Apple .platform, the brochure files roust include fonts (Open or TrueType faces) and links that
are compatible with PC environment as well.
7. City Graphic Designer will develop lay -out, inside text and pages and will require from the company proofs
of cover and Blue Line. Additional corrections and proofs will be required from printing company to submit
either a new set of the blue line or PDF.
8. Project dates: Contract Designer usually has about 7 weeks to complete the Recreation Brochure with a
proofing and production schedule to be mutually agreed upon with Brochure Coordinator in advance. The
dates provided in the schedules found in Attachment A are approximate in order to give Designers an idea
of our productions schedule.
City of Santa Ana __W 16 -133
A6'
e10
2 -I 1
9. Include a list of five customer references having a similar scope of work as specified in this Request for
Proposal,
10. Describe any additional services you can provide which have not been listed in the scope of work.
11. Vendor must be Adobe InDesign 6 or most current version capable on both MAC and PC platforms, The
City will provide an electronic PDF file, with all fonts, graphic elements, aid photos included. Scope of
services includes, but is not limited to the following: All outputs are the responsibility of the vendor,
12. The vendor is to rip, trap, and output final proofs.
13. One round of match print and blue line proofs, and multiple rounds of laser proofs showing corrections are
required prior to plate output.
14. Match print proofs for color and one blue fine proof, backed up, folded, and trimmed to final size as
required.
15. Additional proofs are required until approved corrections are made.
16. The City will provide the photos and electronic files.
17. The Vendor will provide professional printing services for 4 Recreation Class Catalogs per year. The
Graphic Designer will prepare the. final approved document for printer, delivered as PDF files. The vendor
will provide to the Graphic Designer one set of prints for final review
Requirements:
4 _cvr + 24 pg book
Cyr -4/4, 80# 43 gloss book
Text -2/2 (blk4pms 532), 324 75 hibrite
Stitch &trim to 8 -3/8 x 10 -3/4.
Bindery: Fold, gather, stitch, trim to 8.25 "x 10.5" and carton pack.
Note: Critical color match and bindery crossovers throughout.
Mailing: hiWet address, soil, bundle and label for simplified mailing, deliver 8,000 to Santa Ana Post
Office. Mailing trays and route information are the responsibility of the printer. Printer to include "Must
Deliver by Date" on all pallets delivered to post office. Proof of delivery to Post Office is required before
payment. The cost for mailing must be included as a separate line item on the Cost Proposal. A calendar of
deadlines will be updated and provided to the vendor.
Excess brochures (approximately 4,000, amount vanes by season) must be delivered to the City prior to Post
Office delivery.
18. Paper type and printing process to be same as brochure. This item roust be shown as a separate line item in
the Cost Proposal. All proposals shall include a timeline for printing and delivery of the City News and
Recreation Brochure from the receipt of award of contract for services.
City of Santa Ana RFP 16 -133
EXHIBIT B
26bb-'Y3
CADVANZAGE Quote
printing . mailing >marketing
1600 N. Kraemer Blvd,
Anahelm, CA 02806
Phone; (714) 636.3881 , Fax (714) 632.1203
Willem Sandoval
City of Santa Ana quote 156995,
1825 W, Civic Center Date November 7, 2016
Hours, 7 AM • 6 PM
Santa Ana, CA 92703
Ph: 714. 571.4258 Fax:
Project
City of Santa Ana - 2016
4 cvr + 24 pg book
Cvr -4/4, 80# 03 gloss book
Te4-2/2 (blk +pms 532), 32# 75 hibrite
Stitch &trim to B -3/8 x 10 -3/4
4M bundle tie, 8,000 malls
FOB; Santa Ana 2x dock
Components
Prt- 4cvr 2up -HW, Fri- 24pg slg -0, New Bound Camponent(Bound Prt- 4cvr 2up -HW 12000;Prt-
(q�24pg sig -0 12000), (1) 24pg sig -0
SW� maa� ... �,���U "f✓,�wA/�r _ _ .. 4.
Services
'*Printing " *Printing - Prt- 4cvr 2up -HVV
"Printing -Prt -24pg sig -O
" *Printing - Bindery
DP- Reformat/Upload Files (Per File)
DP -NCOA Link Processing Service
DP -CASS Processing
DP- Postal Sort
Addreas.Create Inkjet Image File
DP - Full Servlca Surcharge
Address -lnkJet Magazines Black Coated
Presorting -Sort & Sag Flats
Dolivorto Santa Ana SCF
Deliver to Customer
Total Cost for Services
Total Estimated project Cost
quantity
Setup Rate
per
Price
12,000
$102.73
/In
$1,232,73
12,000
$184,33
/ln
$2,211,00
1
$307,936,
Im
$397,94
00
1
$50,00
ea
$60,00
6,000
$3.50
/m
$60,00
8,000
$3.00
/m
$40.00
8,000
$2,50
Im
$4100
1
$25,00
as
$25,00
6,000
$26,00 $0.75
/m
$31,00
8,000
$4000 $26,40
/m
$251,20
8,000
$17,00
/m
$136,00
1
$50.00
Be
$50,00
1
$75.OD
as
$75,00
4 890
12,000 Un1tPrlcer $'0,383 , 4.890.77
Quotation SUBJECT to ro -quote upon receipt of customer artwork, film or mall piece, Postage
MUST be rocelved prior to drop, Actual postage may vary from estimate,
25U14