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HomeMy WebLinkAboutC-4331 - PSA for Printing of Newport Navigator BrochureAMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH TREND OFFSET PRINTING SERVICES, INC. FOR PRINTING OF NEWPORT NAVIGATOR BROCHURE THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 13th day of September, 2017 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TREND OFFSET PRINTING SERVICES, INC., a California corporation ("Contractor"), whose address is 3701 Catalina Street, Los Alamitos, CA 90720, and is made with reference to the following: RECITALS A. On November 20, 2014, City and Contractor entered into a Professional Services Agreement ("Agreement') for Printing of Newport Navigator Brochure ('Project"). B. Since entering into the Agreement, Contractor was asked to perform a higher volume of Work than was originally anticipated. C. The parties desire to enter into this Amendment No. One to reflect these additional Services or Work not anticipated at the time of executing the Agreement, and to increase the total compensation. D. The costs indicated in the exhibits are annual not -to -exceed costs. The exact cost of a specific issue within a given year may vary depending on factors that may include, but are not limited to: the exact quantity of each issue ordered; page numbers; addition of classes; and shipping costs. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be amended in its entirety and replaced with the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONTRACTOR Exhibit B to the Agreement shall be amended in its entirety and replaced with the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work'). Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Three Hundred Thirty Seven Thousand Nine Hundred Sixty Four Dollars and 25/100 ($337,964.25), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. At the City's discretion and in accordance with Section 1 of this Agreement, after the first three (3) years, this Agreement may be extended for the fourth (4t') year, and at the end of the fourth (4'h) year may be extended for the (5th) year. For year 4, the annual amount shall not exceed One Hundred Twenty Nine Thousand Nine Hundred Eighty Six Dollars and 25/100 ($129,986.25). For year 5, the annual amount shall not exceed One Hundred Twenty Nine Thousand Nine Hundred Eighty Six Dollars and 25/100 ($129,986.25). Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Five Hundred Ninety Seven Thousand Nine Hundred Thirty Six Dollars and 75/100 ($597,936.75)." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subcontractor fees, in an amount not to exceed Twenty Five Thousand Nine Hundred Ninety Seven Dollars and 25/100 ($25,997.25) for Year 3; Twenty Five Thousand Nine Hundred Ninety Seven Dollars and 25/100 ($25,997.25) for Year 4; Twenty Five Thousand Nine Hundred Ninety Seven Dollars and 25/100 ($25,997.25) for Year 5. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Trend Offset Printing Services, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y' OFFICE Date: By: Aaron C. Harp City Attorney ATTEST: Date: it. �U By: 0 ��'v��►1�- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 0 29s'% -A c� By: 9AGA Dav <iff City Manager CONTRACTOR: Trend Offset Printing Services, Inc., a California corporation Date: 9.28.17 fGeogAg a / / VP Operations 9.28.17 By: Adam Lienau Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Trend Offset Printing Services, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES Trend Offset Printing Services, Inc. Page A-1 EXHIBIT A — SCOPE OF SERVICES 1. BROCHURE SPECIFICATIONS FOR SPECIFIC EDITIONS: 1.1 Summer Edition 88 Pages (4 -color process) + 4/4 cover with UV coating Quantity Range: 45,000 to 50,000 (approximately 93% delivered to NB Post Office/ 7% delivered to City Hall) Brochure Size Finished: 8.125" x 10.875" Interactive Digital Link of brochure provided on/or before delivery date 1.2 Fall Edition 72 Pages (4 -color process) + 4/4 cover with UV coating Quantity Range: 45,000 to 50,000 (approximately 93% delivered to NB Post Office/ 7% delivered to City Hall) Brochure Size Finished: 8.125" x 10.875" Interactive Digital Link of brochure provided on/or before delivery date 1.3 Winter Edition 72 Pages (4 -color process) + 4/4 cover with UV coating Quantity Range: 45,000 to 50,000 (approximately 93% delivered to NB Post Office/ 7% delivered to City Hall) Brochure Size Finished: 8.125" x 10.875" Interactive Digital Link of brochure provided on/or before delivery date 1.4 Spring Edition 80 Pages (4 -color process) + 4/4 cover with UV coating Quantity Range: 45,000 to 50,000 (approximately 93% delivered to NB Post Office/ 7% delivered to City Hall) Brochure Size Finished: 8.125" x 10.875" EXHIBIT A— SCOPE OF SERVICES Interactive Digital Link of brochure provided on/or before delivery date 2. BROCHURE SPECIFICATIONS FOR ALL EDITIONS: 2.1 Brochures shall be boxed in cartons of 100 quantity 2.2 Cover 4/4 (4 -color) or 6/6 (4 -color) 100#, CFS#3 10% recycled FSC, 4/4 + UV 2.3 Text/Inside Pages 45100#, CFS#3 10% recycled FSC, 4/4 2.4 Binding Score Cover, Fold, Saddle Stitch, Trim, Carton 2.5 Inks Soy or Vegetable Based 2.6 Preparation Files Uploaded Online 2.7 Offset Printing All offset printing shall be done in-house-- no outsourcing will be accepted by the City. 2.8 Delivery and Mailing Inline inkjet and delivery to designated Post Office and City Hall. 2.9 Electronic Edition of Newport Navigator Contractor shall host the electronic version of the Newport Navigator on its own servers or those belonging to a contracted third party. The City shall not host the electronic brochure on its servers. WDA i : SCHEDULE OF BILLING RATES Trend Offset Printing Services, Inc. Page B-1 EXHIBIT B - SCHEDULE OF BILLING RATES YEAR 1 NEWPORT NAVIGATOR PRINT EDITION NTE CONTRACT COST SPRING EDITION (4 -PG COVER): $25,020.00 SUMMER EDITION (6 -PG COVER): $28,929.00 FALL EDITION (4 -PG COVER): $25,020.00 WINTER EDITION (4 -PG COVER): $25,020.00 YEAR 1 TOTAL ANNUAL NOT -TO -EXCEED COST: $103,989.00 YEAR 2 NEWPORT NAVIGATOR PRINT EDITION NTE CONTRACT COST SPRING EDITION (4 -PG COVER): $25,020.00 SUMMER EDITION (6 -PG COVER): $28,929.00 FALL EDITION (4 -PG COVER): $25,020.00 WINTER EDITION (4 -PG COVER): $25,020.00 YEAR 2 TOTAL ANNUAL NOT -TO -EXCEED COST: $103,989.00 YEAR 3 NEWPORT NAVIGATOR PRINT EDITION NTE CONTRACT COST SPRING EDITION (4 -PG COVER): $31,275.00 SUMMER EDITION (6 -PG COVER): $36,161.25 FALL EDITION (4 -PG COVER): $31,275.00 WINTER EDITION (4 -PG COVER): $31,275.00 YEAR 3 TOTAL ANNUAL NOT -TO -EXCEED COST: $129,986.25 INITIAL TERM CONTRACT COST (YEARS 1-3): $337,964.25 EXHIBIT B — SCHEDULE OF BILLING RATES YEAR 4 (CITY OPTION) NEWPORT NAVIGATOR PRINT EDITION NTE CONTRACT COST SPRING EDITION (4 -PG COVER): $31,275.00 SUMMER EDITION (6 -PG COVER): $36,161.25 FALL EDITION (4 -PG COVER): $31,275.00 WINTER EDITION (4 -PG COVER): $31,275.00 YEAR 4 TOTAL ANNUAL NOT -TO -EXCEED COST: $129,986.25 YEAR 5 (CITY OPTION) NEWPORT NAVIGATOR PRINT EDITION NTE CONTRACT COST SPRING EDITION (4 -PG COVER): $31,275.00 SUMMER EDITION (6 -PG COVER): $36,161.25 FALL EDITION (4 -PG COVER): $31,275.00 WINTER EDITION (4 -PG COVER): $31,275.00 YEAR 5 TOTAL ANNUAL NOT -TO -EXCEED COST: $129,986.25 TOTAL NOT -TO -EXCEED CONTRACT COST $467,950.50 (IF 4 YEARS EXERCISED): TOTAL NOT -TO -EXCEED CONTRACT COST $597,936.75 (IF 5 YEARS EXERCISED): The costs indicated in this exhibit are annual not -to -exceed costs. The exact cost of a specific issue within a given year may vary depending on factors that may include, but are not limited to: the exact quantity of each issue ordered; page numbers; addition of classes; and shipping costs. At the City's discretion and after the first 3 years, this Agreement may be extended for the 41' year, and at the end of the 4th year may be extended for the 51' year, consistent with Section 1 of the Agreement. Compensation to Contractor for the 41h and 51h years shall be in accordance with the table above. EXHIBIT B—SCHEDULE OF BILLING RATES There shall be no annual term price adjustments for any years of this Agreement. Contractor shall produce and host (on Contractors servers) a digital version of each edition of the Newport Navigator. These production and hosting services shall be performed at no charge to the City. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 10/27/17 Dept./Contact Received From: Teri Date Completed: 11/15/17 Sent to: Teri By: Jan Company/Person required to have certificate: Trend Offset Printing Services Type of contract: Recreation I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/17 - 10/1/18 A. INSURANCE COMPANY: American Insurance Company B. AM BEST RATING (A-: VII or greater): A+/ XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$3M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ❑ Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ❑ Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/17 - 10/1/187 A. INSURANCE COMPANY: American Insurance Company B. AM BEST RATING (A-: VII or greater) A+/ XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/17 -10/1/18 A. INSURANCE COMPANY: Safety National Casualty Corp. B. AM BEST RATING (A-: VII or greater): A+/XIV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes []No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes []No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Ap Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 11/15/17 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. PROFESSIONAL SERVICES AGREEMENT WITH TREND OFFSET PRINTING SERVICES, INC. FOR PRINTING OF NEWPORT NAVIGATOR BROCHURE THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 20th day of November, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TREND OFFSET PRINTING SERVICES, INC., a California corporation ("Contractor'), whose address is 3701 Catalina Street, Los Alamitos, California 90720, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor for Printing of Newport Navigator Brochure ("Project"). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Unless terminated in accordance with Section 27 of this Agreement, the initial term of this Agreement shall be for a period of three (3) years. The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2017, unless terminated earlier as set forth herein. The term of this Agreement shall be extended for two (2) additional one (1) year terms with the extensions to automatically commence upon the expiration of the initial term or any extended term. City may terminate these automatic one (1) year extensions by notifying Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. This termination provision shall only apply to the automatic extensions; it does not apply to termination of the Agreement as a whole, which is governed by Section 27. The initial term of this Agreement shall not extend beyond three (3) years. Including automatic extensions, the entire term shall not extend beyond five (5) years. 2. SERVICES TO BE PERFORMED Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Three Hundred Eleven Thousand Nine Hundred Sixty Seven Dollars and 00/100 ($311,967.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. At the City's discretion and in accordance with Section 1 of this Agreement, after the first three (3) years, this Agreement may be extended for the fourth (4th) and fifth (5th) years. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Five Hundred Nineteen Thousand Nine Hundred Forty Five Dollars and 00/100 ($519,945.00), if this Agreement is extended for years four (4) and five (5). Trend Offset Printing Services, Inc. Page 2 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. F� ] Zia 1 xi3 Ti I \ � IiZeT� 7 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Ryan Sweetman to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Contractor is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Recreation & Senior Services. City's Marketing Specialist or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. Trend Offset PrintingServices IncPag e 3 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9.1 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, Trend Offset Printing Services, Inc. Page 4 errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, Contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Trend Offset Printing Services, Inc. Page 5 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Additionally, all material posted in cyberspace by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's Trend Offset Printing Services, Inc. Page 6 expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Contractor pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Agreement by City or persons other than Contractor is waived against Contractor, and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Contractor shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Contractor's Documents provided under this Agreement. 20. RECORDS Contractor shall keep records and invoices in connection with the Services 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 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 City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 21. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not Trend Offset Printing Services, Inc. Page 7 discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Contractor which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Contractor, the additional design, construction and/or restoration expense shall be borne by Contractor. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. Trend Offset Printing Services Inc. Page 8 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Sarah Boulton, Marketing Specialist Recreation & Senior Services City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Tom Balutis, President & Chief Executive Officer Trend Offset Printing Services, Inc. 3701 Catalina Street Los Alamitos, CA 90720 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services Trend Offset Printing Services, Inc. Page 9 satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 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 the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controllinq Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to Trend Offset Printing Services, Inc. Page 10 this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Trend Offset Printing Services, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I 8 M By: ({„r) Aaron C. Harp � City Attorney �`��� ATTEST: Date: /• al' 6 - By: Leilani I. Brown City Clerk L'9Li F0vt;o CITY OF NEWPORT BEACH, a California municipal corporation Date: 0. Z5.1 N S; -- 0 By: Rush N. Hill, II Mayor CONTRACTOR: Trend Offset Printing Services, Inc., a California corporation Date: Z'23 Z/—&Z/X By: �4cg� To alutis President & Chief Executive Officer Date: faA-I / JL4 By:r-- Jo e gh C�: u P 0 PC:4 y [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements Trend Offset Printing Services, Inc. Page 12 1. BROCHURE SPECIFICATIONS FOR SPECIFIC EDITIONS: 1.1 Summer Edition 88 Pages (4 -color process) + 4/4 cover with UV coating Qty- 45,000 (approximately 42,000 to NB Post Office/ 3,000 to City Hall) Brochure Size Finished: 8.125" x 10.875" Interactive Digital Link of brochure provided on/or before delivery date 1.2 Fall Edition 72 Pages (4 -color process) + 4/4 cover with UV coating Qty- 45,000 (approximately 42,000 to NB Post Office/ 3,000 to City Hall) Brochure Size Finished: 8.125" x 10.875" Interactive Digital Link of brochure provided on/or before delivery date 1.3 Winter Edition 72 Pages (4 -color process) + 4/4 cover with UV coating Qty- 45,000 (approximately 42,000 to NB Post Office/ 3,000 to City Hall) Brochure Size Finished: 8.125" x 10.875' Interactive Digital Link of brochure provided on/or before delivery date 1.4 Spring Edition 80 Pages (4 -color process) + 4/4 cover with UV coating Qty- 45,000 (approximately 42,000 to NB Post Office/ 3,000 to City Hall) Brochure Size Finished: 8.125' x 10.875' Interactive Digital Link of brochure provided on/or before delivery date Trend Offset Printing Services, Inc. Page A-1 2. BROCHURE SPECIFICATIONS FOR SPECIFIC EDITIONS: 2.1 Brochures shall be boxed in cartons of 100 quantity 2.2 Cover 4/4 (4 -color) or 6/6 (4 -color) 100#, CFS#3 10% recycled FSC, 4/4 + UV 2.3 Text/inside Pages r 45100#, CFS#3 10% recycled FSC, 4/4 Score Cover, Fold, Saddle Stitch, Trim, Carton 2.5 Inks Soy or Vegetable Based 2.6 Preparation Files Uploaded Online 2.7 Offset Printing All offset printing shall be done in-house -- no outsourcing will be accepted by the City. 2.8 Electronic Edition of Newport Navigator Contractor shall host the electronic version of the Newport Navigator on its own servers or those belonging to a contracted third party. The City shall not host the electronic brochure on its servers. Trend Offset Printing Services, Inc. Page A-2 NEWPORT NAVIGATOR PRINT EDITION CONTRACT COST SPRING EDITION (4 -PG COVER): $25,020.00 SUMMER EDITION (6 -PG COVER): $28,929.00 FALL EDITION (4 -PG COVER): $25,020.00 WINTER EDITION (4 -PG COVER): $25,020.00 TOTAL ANNUAL COST: $103,989.00 INITIAL TERM CONTRACT COST (3 YEARS): $311,967.00 4 YEAR (CITY OPTION): $103,989.00 5 YEAR (CITY OPTION): $103,989.00 • At the City's discretion and after the first 3 years, this Agreement may be extended for the 4th and 5th years. Compensation to Contractor for the 4th and 5th years shall be in accordance with the table above. There shall be no annual term price adjustments for any years of this Agreement. • Contractor shall produce and host (on Contractor's servers) a digital version of each edition of the Newport Navigator. These production and hosting services shall be performed at no charge to the City. Trend Offset Printing Services, Inc. Page B-1 ham« INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Trend Offset Printing Services, Inc. Page C-1 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Trend Offset Printing Services Inc. Page C-2 Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's. sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Trend Offset Printing Services, Inc. Page C-3 McDonald, Cristal From: Mullinax, Carrera Sent: Thursday, January 29, 2015 2:28 PM To: Nguyen, Anthony Cc: McDonald, Cristal Subject: RE: City of Newport Beach Sounds good —will add to the file. Thank you! Sincerely, Carrera Mullinax, Certified Paralegal Office of the City Attorney City of Newport Beach 100 Civic Center Drive Newport Beach, CA, 92660 (949)644-3134 A (949) 644-3139 Email: cmullinax@newportbeachca.Bov CONFIDENTIALITY NOTICE: The information in this e-mail message is intended for the confidential use of the addressees only. The information is subject to the attorney-client privilege and/or may be attorney work -product. Recipients should not file copies of this e-mail with publicly accessible records. If you are not an addressee or an authorized agent responsible for delivering this e-mail to a designated addressee, you have received this e-mail in error, and any further review, dissemination distribution, copying or forwarding of this e-mail is strictly prohibited. Moreover, such inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication. If you received this e-mail in error, immediately notify the sender. Thank you. From: Nguyen, Anthony Sent: Thursday, January 29, 2015 11:31 AM To: Mullinax, Carrera Subject: FW: City of Newport Beach Carrera, Will the email thread below suffice? This is in regard to the Trend Offset Printing contract and their signatory that crossed out "CFO" on the signatory page. Anthony Nguyen I Purchasing Agent City of Newport Beach Finance Department I office of Management & Budget I Purchasing 100 Civic Center Drive Newport Beach, CA 92660 W944.644.3060 1 FA949.723.3580 1 anguyen@newportbeachca.gov From: Ryan Sweetman[mailto:rsweetman@trendoffset.com] Sent: Thursday, January 29, 2015 10:15 AM To: Nguyen, Anthony Subject: Fwd: City of Newport Beach Anthony: Here is an explanation in writing from Joe Geoghegan and Tom Balutis roles with the company. If you need anything more please let me know! Thanks, Ryan ---------- Forwarded message ---------- From: Joe Geoghegan <i eK oQhe an @trendoffset.com> Date: Thu, Jan 29, 2015 at 8:07 AM Subject: Re: City of Newport Beach To: Ryan Sweetman <rsweetman@trendoffset.com> Ryan - Tom Balutis: Is President of the Company and within his title also functions as the Chief Financial Officer. Joe Geoghegan: Is the Executive Vice President Operations. A portion of my responsibility is drafting, approving, and executing all of Trend's customer's contract. c.- CITY OF F NEWPORT REACH City Council Staff Report November 25, 2014 Agenda Item No. 11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Laura Detweiler, Recreation & Senior Services Director — (949) 644-3157, Idetweiler@newportbeachca.gov PREPARED BY: Tam Ho, Budget Analyst PHONE: (949) 644-3273 TITLE: Printing Services Contract for Newport Navigator Brochure ABSTRACT: Recreation & Senior Services staff is requesting City Council approval to award the printing services contract for the Newport Navigator brochure to Trend Offset Printing Services, Inc. (Trend). RECOMMENDATION: a) Award a three year (3) printing services contract for the Newport Navigator brochure to Trend Offset Printing Services, Inc. (Trend) of Irvine for the total not to exceed bid price of $311,967 ($103,989 each year) and authorize the Mayor and the City Clerk to execute the contract. (Staff Report Attachment A); and b) Authorize the Recreation & Senior Services Director to award up to two (2) additional years of printing services for the Newport Navigator brochure to Trend at the same annual not to exceed price of $103,989. FUNDING REQUIREMENTS: Sufficient funding for award of this contract in the current fiscal year is available in account 4510-8127. DISCUSSION: The Newport Navigator brochure is the key marketing tool used by the Recreation & Senior Services Department to deliver current program and service information to City residents. A Request for Proposals (RFP) was published soliciting service proposals to print the Newport Navigator brochure on a quarterly basis. The requirements included the ability to provide a high quality magazine format with 4 -color options along with use of soy or vegetable based ink and Forest Stewardship Council (FSC) certified 30% recycled paper. The following three companies submitted proposals along with their respective not to exceed annual bid price and met the minimum RFP criteria. Company Trend Offset Printing Services Cenveo Corporation Icolor Printing & Mailing Not To Exceed Annual Bid Price Rank $103,989 Low $160,297 2 $170,520 3 As specified in the RFP, selection was based 30% on cost. The remaining 70% was based on technical merit, including a review of qualifications, level of experience, ability to produce and host an electronic version of the Newport Navigator, and references from local clients with particular emphasis on local government. In addition to having the lowest bid price, Trend also received the highest scores for technical merit from all three panelists evaluating the proposals. Trend is the incumbent vendor for printing of the Newport Navigator brochure, and following this competitive RFP process, continues to be the recommended vendor based on the quality of printing services, quick turnaround times, and low bid pricing. In fact, Trend's annual bid price in this RFP is 0.3% lower than the current annual price for these services. Therefore, staff is recommending award of a three year contract, with a two year optional renewal at no additional increase in annual price. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - PSA with Trend Offset Printing 11-2 ATTACHMENT A PROFESSIONAL SERVICES AGREEMENT WITH TREND OFFSET PRINTING SERVICES, INC. FOR PRINTING OF NEWPORT NAVIGATOR BROCHURE THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 20th day of November, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TREND OFFSET PRINTING SERVICES, INC., a California corporation ("Contractor"), whose address is 3701 Catalina Street, Los Alamitos, California 90720, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor for Printing of Newport Navigator Brochure ("Project'). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Unless terminated in accordance with Section 27 of this Agreement, the initial term of this Agreement shall be for a period of three (3) years. The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2017, unless terminated earlier as set forth herein. The term of this Agreement shall be extended for two (2) additional one (1) year terms with the extensions to automatically commence upon the expiration of the initial term or any extended term. City may terminate these automatic one (1) year extensions by notifying Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. This termination provision shall only apply to the automatic extensions; it does not apply to termination of the Agreement as a whole, which is governed by Section 27. The initial term of this Agreement shall not extend beyond three (3) years. Including automatic extensions, the entire term shall not extend beyond five (5) years. FEE93 2. SERVICES TO BE PERFORMED Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Three Hundred Eleven Thousand Nine Hundred Sixty Seven Dollars and 00/100 ($311,967.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. At the City's discretion and in accordance with Section 1 of this Agreement, after the first three (3) years, this Agreement may be extended for the fourth (4th) and fifth (5th) years. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Five Hundred Nineteen Thousand Nine Hundred Forty Five Dollars and 00/100 ($519,945.00), if this Agreement is extended for years four (4) and five (5). Trend Offset Printing Services, Inc. Page 2 "cJ 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement tern. Contractor has designated Ryan Sweetman to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Contractor is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Recreation & Senior Services. City's Marketing Specialist or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. Trend Offset Printing Services, Inc. Page 3 "R-7 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Contractor represents and warrants to City that it has, shall obtain, and . shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, Trend Offset Printing Services, Inc. Page 4 "cy errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, Contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Trend Offset Printing Services, Inc.i Page 5 f6CJ 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Additionally, all material posted in cyberspace by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's Trend Offset Printing Services, Inc. Page 6 "R3 expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Contractor pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Agreement by City or persons other than Contractor is waived against Contractor, and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Contractor shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Contractor's Documents provided under this Agreement. 20. RECORDS Contractor shall keep records and invoices in connection with the Services 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 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 City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 21. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not Trend Offset Printing Services, Inc. Page 7 FEW discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Contractor which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Contractor, the additional design, construction and/or restoration expense shall be borne by Contractor. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. Trend Offset Printing Services, Inc. Page 8 FERFM 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Sarah Boulton, Marketing Specialist Recreation & Senior Services City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Tom Balutis, President & Chief Executive Officer Trend Offset Printing Services, Inc. 3701 Catalina Street Los Alamitos, CA 90720 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services Trend Offset Printing Services, Inc. Page 9 satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 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 the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to Trend Offset Printing Services, Inc. Page 10 11-12 this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Trend Offset Printing Services, Inc. Page 11 11-13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I 8 /14 By: XTI-r) Aaron C. Harp City Attorney P °� ATTEST: Date: M Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Rush N. Hill, II Mayor CONTRACTOR: Trend Offset Printing Services, Inc., a California corporation Tom Balutis President & Chief Executive Officer Date: By: Joe Geoghegan Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Trend Offset Printing Services, Inc. Page 12 11-14 EXHIBIT A SCOPE OF SERVICES 1. BROCHURE SPECIFICATIONS FOR SPECIFIC EDITIONS: 1.1 Summer Edition 88 Pages (4 -color process) + 4/4 cover with UV coating Qty- 45,000 (approximately 42,000 to NB Post Office/ 3,000 to City Hall) Brochure Size Finished: 8.125" x 10.875" Interactive Digital Link of brochure provided on/or before delivery date 1.2 FaU Edition 72 Pages (4 -color process) + 4/4 cover with UV coating Qty- 45,000 (approximately 42,000 to NB Post Office/ 3,000 to City Hall) Brochure Size Finished: 8.125" x 10.875' Interactive Digital Link of brochure provided on/or before delivery date 1.3 Winter Edition 72 Pages (4 -color process) + 4/4 cover with UV coating Qty- 45,000 (approximately 42,000 to NB Post Office/ 3,000 to City Hall) Brochure Size Finished: 8.125' x 10.875' Interactive Digital Link of brochure provided on/or before delivery date 1.4 Sprinq Edition 80 Pages (4 -color process) + 4/4 cover with UV coating Qty- 45,000 (approximately 42,000 to NB Post Office/ 3,000 to City Hall) Brochure Size Finished: 8.125' x 10.875' Interactive Digital Link of brochure provided on/or before delivery date Trend Offset Printing Services, Inc. Page A-1 11-15 2. BROCHURE SPECIFICATIONS FOR SPECIFIC EDITIONS: 2.1 Brochures shall be boxed in cartons of 100 quantity 2.2 Cover 4/4 (4 -color) or 6/6 (4 -color) 100#, CFS#3 10% recycled FSC, 4/4 + UV 2.3 Text/inside Pages 45100#, CFS#3 10% recycled FSC, 4/4 2.4 Binding Score Cover, Fold, Saddle Stitch, Trim, Carton 2.5 Inks Soy or Vegetable Based 2.6 Preparation Files Uploaded Online 2.7 Offset Printing All offset printing shall be done in-house -- no outsourcing will be accepted by the City. 2.8 Electronic Edition of Newport Navigator Contractor shall host the electronic version of the Newport Navigator on its own servers or those belonging to a contracted third party. The City shall not host the electronic brochure on its servers. Trend Offset Printing Services, Inc. Page A-2 11-16 EXHIBIT B SCHEDULE OF BILLING RATES NEWPORT NAVIGATOR PRINT EDITION CONTRACT COST SPRING EDITION (4 -PG COVER): $25,020.00 SUMMER EDITION (6 -PG COVER): $28,929.00 FALL EDITION (4 -PG COVER): $25,020.00 WINTER EDITION (4 -PG COVER): $25,020.00 TOTAL ANNUAL COST: $103,989.00 INITIAL TERM CONTRACT COST (3 YEARS): $311,967.00 4 YEAR (CITY OPTION): $103,989.00 5 YEAR (CITY OPTION): $103,989.00 • At the City's discretion and after the first 3 years, this Agreement may be extended for the 4" and 5t" years. Compensation to Contractor for the 4t" and 5t" years shall be in accordance with the table above. • There shall be no annual term price adjustments for any years of this Agreement. • Contractor shall produce and host (on Contractor's servers) a digital version of each edition of the Newport Navigator. These production and hosting services shall be performed at no charge to the City. Trend Offset Printing Services, Inc. Page B-1 11-17 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Trend Offset Priming Services, Inc. Page C-1 Ff6E.1 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime, B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Trend Offset Printing Services, Inc. Page C-2 Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's.. sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Trend Offset Printing Services, Inc. Page C-3 ifdli] CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. a (November 9, 2010) TO: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL FROM: Recreation & Senior Services Department Laura Detweiler, Director 949-644-3157, Idetweiler0mewportbeachca.gov Matt Lohr, Recreation Manager 949-644-3164, mlohr(a)newportbeachca.aov SUBJECT: PRINTING SERVICES FOR THE NEWPORT NAVIGATOR & SUMMER CAMPS BROCHURES ISSUE Staff is requesting award of printing services for the Newport Navigator and Summer Camps brochures for one year with an optional three year extension. RECOMMENDATION, 1. Award printing services for the Newport Navigator & Summer Camp brochures to Trend Offset Printing Services, Inc. ("Trend"), 2. Authorize the City Manager or designee to award up to three (3) additional years of printing services for the Newport Navigator & Summer Camp brochures to Trend with annual price increases based on Consumer Price Index (CPI) and/or paper costs. DISCUSSION The Newport Navigator and Summer Camp Brochures are the Recreation & Senior Services Department's key marketing pieces in delivering current program and service information to our residents and are essential to achieving yearly revenue projections in return. A Request for Proposals (RFP) was published for services to print the Newport Navigator (quarterly) & Summer Camps (one time) brochures per calendar year. A total of three companies responded and met the criteria of the RFP with Trend as the lowest bidder. Results of the bid process included the following: Company Total Bid Price Rank Trend Offset Printing Services, Inc. $125,786.87 Low San Diequito Printers $134,387.43 2 Nielsen Digital Media Group $173,238.44 3 The City has used Trend for the past six out of seven years for printing the Newport Navigator. The Recreation & Senior Services Department brochure printing needs have been well served with Trend's quality of printing, attention to detail, customer service, and overall turnaround time. The past history of quality work product and low bid pricing is the basis for this recommendation. PRINTING SERVICES FOR THE NEWPORT NAVIGATOR & SUMMER CAMP BROCHURES Page 2 ENVIRONMENTAL REVIEW The City Council's approval of this Agenda item does not require environmental review. PUBLIC NOTICE The agenda item was noticed according to The Brown Act (72 hours in advance of the meeting at which the City Council considers the item). FUNDING AVAILABILITY The Newport Navigator & Summer Camps brochures are appropriated in the FY 2010111 Budget as follows: Budget Number Justification Amount 4330-8207 Summer Camps Brochure Printing $16,019.15 4510-8127 Newport Navigator Brochure Printing $109,766.92 Prepared by: v2z� Matthew Lohr Recreation Manager Submitted by: s L a 4ira Detweiler R reation & Senior Services Director Attachment: Recapitulation for Printing Services of the Newport Navigator & Summer Camps Brochures Z RECAPITULATION FOR Printing Services: Newport Navigator and Summer Special Brochures RFP No. 8-17 Purchase Order No. Quotes were received from three (3) firms that provide the specified printing services 3 The results are shown below:. Trend Offset Son'.Dleguito Nielson Digital Printing Printers 'Media .Group - Ryon S lmm 'che.aekar MaKhew. NiWw. .Item Quantity Newport Navigator 60,000 $26,493.13 $28,016.04 $35,848.31 Winter 2011: Edition Newport' Navigator 50;000 $27;026:43 $29,233.35 $38,496.74 Spring 2011 Edition: NewportNavigator 51,000 $30,220:93 $32,697;81 $42;527110 Summer 2011 Edition Newport Navigator 60;000 :$27,026.43 $29,233.36 $38,416:74 F511201'1 Edition 'Summer Special Brochure 30,000 $18;018:95 $162Q6.88. $18,029:56 SuhTotal $125,786.87 $194,367.43 $173;238:44 Tax Included Included: 'Included. Total $126,786:87 $134,3S7.4 $$173;238:44 Rank. LOWEST ':Second Lowest Third Lowest Difference LOWEST $8,600,56 $47,461.57 3 4;3f AGREEMENT FOR SERVICES WITH TREND OFFSET PRINTING SERVICES, INC FOR PRINTING SERVICES FOR THE NEWPORT NAVIGATOR BROCHURE THIS SERVICE AGREEMENT, is made and entered into this lO+'^' day of R„ 2009 ("Commencement Date") by and between the CITY OF NEWPORT ACH, a Municipal Corporation and Charter City ("City"), Trend Offset Printing Services, Inc., a California corporation located at 3701 Catalina Street, Los Alamitos, CA 90720 ("Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Newport Beach. B. In June, 2009 the City issued a Request for Proposal (RFP) seeking proposals from qualified printing companies to provide printing of the "Newport Navigator" brochure for the City of Newport Beach Recreation & Senior Services Department. Contractor submitted the lowest responsive bid among the firms that responded to the RFP. C. City desires to engage Contractor to provide printing services as outlined in the RFP and this Agreement (the "Project"). D. Contractor and its staff possess the training, experience, expertise, and background to provide the services described in this Agreement. E. City has reviewed the previous experience of Contractor and desires to retain Contractor to render printing services under the terms and conditions set forth in this Agreement. F. Contractor acknowledges that City has relied upon Contractor's representations and Contractor commits to faithfully perform the services required by this Agreement and to perform the services in accordance with the terms and conditions set forth in this Agreement. G. Contractor has examined the specifications relative to the type and frequency of the work to be performed, is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Unless terminated earlier in accordance with Section 20 of this Agreement, the Term of this Agreement shall be for a period of one (1) year, four (4) editions, of the "Newport Navigator" brochure. The term shall commence within ten (10) working days of City Council approval of this Agreement. 2. SCOPE OF SERVICES A. Contractor shall perform the work or services set forth in the Scope of Work attached hereto as Attachment B to Exhibit 1, contractor's response to RFP No. 6-12, incorporated herein by reference. Bid Unit Prices and Costs are contained in Attachment C. All of these Attachments to Exhibit 1 are considered to be a part of, and are incorporated into, this Agreement by reference. B. As a material inducement to the City for entering into this Agreement, Contractor warrants that all work and services to be provided hereunder shall be performed in a competent, professional and satisfactory manner by an adequate level of staff with the appropriate level of training. Contractor covenants that it shall follow the highest professional standards in performing the work and services and that all equipment and supplies used will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 3. PERSONNEL REQUIREMENTS AND SUPERVISION A. All contract services shall be performed by competent and experienced employees. The Contractor shall comply with all state and federal legal requirements regulating the right to work in the United States of America to ensure that all members of the work force have the legal right to perform work under this Agreement. Contractor shall make any records related thereto available to the City within ten (10) days of receiving a written request for said records by the City. B. Contractor shall be responsible for compliance with all local, state, and federal laws and regulations. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel necessary to properly perform contract services. 21PaC­e 4. LICENSES. FEES. PERMITS AND TAXES 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. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. S. COMPLIANCE WITH ALL LAWS 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. 6. COMPENSATION TO CONTRACTOR Contractor's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Six Thousand Eighty -Two Dollars and 001100 ($106,082.00) without prior written authorization from City. 6.1 Contractor shall submit invoices to City upon delivery of each completed edition. Contractor's bills shall include the name of the person who performed the work, a brief description of the services performed, including the number of pages in the edition and the number of copies delivered to the Newport Main Post Office and to the City of Newport Beach. 6.2 Contractor shall receive four (4) payments from the City in accordance with the fee schedule in Attachment C to Exhibit 1. City shall pay invoices within thirty (30) days after approval of the invoice by the City. Payment shall be deemed made when deposited in the United States mail, first- class postage pre -paid, and addressed to Contractor as specified in Section entitled "Notices." 7. It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services. 8. FAMILIARITY WITH WORK By executing this Agreement, Contractor warrants that Contractor: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the services should be performed, and (c) services under this Agreement. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, Contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 10. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT A. Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without the consent of the City shall be null and void. Contractor acknowledges that these provisions relative to assignment are commercially reasonable and that Contractor does 41Pa+gc possess special skills, abilities, and personnel uniquely suited to the performance of contract services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of contract services. Contractor may not employ any subcontractors unless specifically authorized by City. B. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venture which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. 11. ADMINISTRATION This Agreement will be administered by the Recreation & Senior Services Department. The Recreation Manager, Matt Lohr, shall be considered the City's Administrator and shall have the authority to act for the City under this Agreement. The Administrator or his/her authorized representative shall represent the City in all matters pertaining to the services to be rendered under this Agreement. 12. WORK DEFICIENCIES AND CORRECTIONS A. The Contractor's performance will be evaluated on a regular basis. When problems are identified, the City will notify Contractor. If issues are serious or go unresolved, a Notice of Deficiency will be issued to Contractor in writing. This notice will detail the issues and give a cure period to resolve them. B. Failure to correct the deficiencies listed in the Notice of Deficiency within the timeframe specified by the City may, in the City's sole discretion, result in action being taken by the City, including, but not limited to, (a) withholding payment for the subject deficiency until the work is completed; (b) correcting the deficiency (using the City's own work force and/or by contracting out) and deducting any associated costs plus overhead incurred thereby from the total monthly compensation due the Contractor; (c) deletion of the site(s) from the Contract and reducing the corresponding compensation for that month; (d) contracting with another Vendor to perform the maintenance and other services required for the remainder of the term of the Contract and deducting from the Contractor's total compensation under the contract any costs that City pays or becomes obligated to pay the new Contractor, including expenses City incurs over and above the monthly billing rate by the Contractor for that site; (e) terminating the agreement; and/or (f) taking any other action and exercising any other legal remedy available to the City under law. The City reserves the right to make appropriate deductions in payments for unsatisfactory performance or failure to perform contract duties. 51Pai,,C Payment deductions shall be based upon the Unit Prices outlined in Attachment C. 13. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting the value of the work done, or of any work omitted, or of any extra work which Contractor may be required to do, or respecting any payment to Contractor during the performance of the Agreement, such dispute shall be decided by the City Manager and his decision shall be final and binding upon Contractor and his sureties. 14. REIMBURSEMENT FOR EXPENSES Contractor shall not be reimbursed for any expenses unless the City approves the expense in advance in writing. 15. LABOR A. Contractor shall conform with all applicable provisions of State and Federal law including, applicable provisions of the Federal Fair Labor Standards Act. B. Contractor shall conform with all applicable provisions of the California Labor code. B. W henever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, and provide all relevant information. C. Wages paid by Contractor for services provided hereunder shall be in accordance with Section 1770 of the California State Labor Code. The Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (sections 1770-7981 inclusive). 16. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not, discriminate against any subcontractor, Contractor, employee or applicant for employment because of race, religion, color, sex, handicap, national origin, or other basis that is violative of the federal or state constitution or federal or state law. Contractor's obligation not to 61Pa8)c discriminate shall apply, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 17. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this Project. 18. CONFLICTS OF INTEREST A. Th a Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. The Contractor will provide a completed disclosure form noting the above. Contractor will comply with the Act and relevant City Resolutions. B. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Contractor shall indemnify and hold harmless the City for any claims for damages resulting from the Contractor's violation of this Section. 19. NOTICES All notices, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. Attn: Matt Lohr Recreation & Services Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Ryan Sweetman Trend Offset Printing Services, Inc. 3701 Catalina Street Los Alamitos, CA 90720 71 Page 20. TERMINATIONIDEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if Contractor violates any provisions of this Agreement, Contractor shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may terminate the Agreement forthwith by giving written notice. City may, in addition to the other remedies provided in this or authorized by law, terminate this agreement by giving written notice of termination. B. This agreement may be terminated without cause by the City upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. The Contractor may only terminate the Agreement in the event of nonpayment by the City. In the event of nonpayment by the City, Contractor shall give the City thirty (30) days written notice thereof and the City shall have fifteen (15) working days to cure the alleged breach. C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City Manager, the level of printing falls below appropriate brochure printing standards and/or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the City Manager determines that contract services are performed as well and as frequently as required by this Agreement. 21. COST OF LITIGATION If any legal action is necessary to enforce any provision of this Agreement or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that attorneys' fees shall not be recoverable by the prevailing party. 22. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 81Pagc 23. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties and all preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. 24. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 26. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 27. 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 the Agreement or any other rule of construction which might otherwise apply. 9�Page IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: My def to Bu p Assistant City orney CITY OFEWPORT BEACH A Mun' ,{dal Corporatipri, Edward D.\_,5►elith, Mayor City of Newport Beach ATTEST: CONTRACTOR: 9T� By. By: ve_ �eilani Brown City Clerk ���WPORa Title: o m� v s By: Title: EXHIBIT 1: Response to RFP No. 6-12 EXHIBIT 1 CITY OF NEWPORT BEACH �VE$T'.FOR PROPOSAL RFP" NO. +6-12 OF"NEWPORT NAVIGATOR." LY AWMATION BROMME 16"MIUM '10 ba: r - AW ovemiew ........... AttacbMent A. i» Attachment B. De AttaebmW C. Attacbbmwt W s# Attachment E. 6*1 TABLE OF CONTE .................................................... Page 3 ms & Conditions .................. ;........... Page 5 un of Proms intent (4scepe.ofwado ..... Page II Form ..... .......... .:....... :................... Page is te€ov*ifrttee........::.....:.<.:.:. <....... 1' a 20 ;6tat Quaibnatre ........................... Page ZZ IL UL IV, OVERVIEW Cw"rently *C* of Newport Beach Rocreation & Senior ServicesDqxulment pmdww.* 14jwport Na lratoe which is a brachure dW UMS the classes, voft� senior sere, library nFiGm-the CRY offers. 110 "NW4M MviggCe is publi" "I a lybasis fs RFP am to obtain suitable proposals thlimi-quaMed brucbuft review all Propusa in a QMprahadwatama, and setcat a br ft printing oftk 'Newport NavigOW'MmIdw online ;Ml efilm of the brochure. The -0&y ' . rt Umb is irking to provide -of th6'%ftWft:Navl 4s WeD ai 419ort of wiff votion 4'443MMCW WU.m award aa gator• Af"Wook afftalYof 3W. (W Newport Beach, CA 42658 It is the ility of the offeror to ensure that their proposal is received before the stated Inc. The Pmetuuing Qibca may be contacted at (949) 644-3080 to veru receipt of Posatma is will not be eormidered as a valid excuse for delayed' or miseiag p ImpertaaL Ihre>b tli ' timeframe of this AFP; email sub Mob will be acoapted. Please send Your proposal submittals to: F Y. The point' IF t for this RFP sba0 be Anthony N9rjM Pt fkYm" wha can be >eadwd b hono at (949)" 644-4M or by Mail .ill t .oewuort contact AnthonyNguyen rot additional eppies of this RM doeum irati llrclrrieles to thia`R�f'. a. VI. if, iasucd, gjp r' es to this RFP *JU bo in the f mm of en tunic. Any addenda mA be _ *PC4 of N6wportmac i Purcieisir wef 64 h cea: : tlndirr Iht "i Ybttt Qs$ fah Ad**jObAWo be pravl ed bY'16o Senior Bu3rAF ppm". Odat, .l(. —00 4610 r. qj�F_*_ �'^ii4V .'1S�I_ -ii, i..�iF.� OUI 2 OF NEWPORT BEACH 'ST FOR. PROPOSAL RFP NO. 6-12 OF "NEWPORT NAVIGATOR" IT RFCRIDAINK BMOC i a: OF NEWPORT BEACH Request for Proposal .PrJj ing of "Newport bfavigake Brochures ick, tA: Instrucdons and CandWoms m-cootractpl a pouses am defined as expenses inwmed by Coatiador its: I. Preparing t in response to this RTS P. 2. Submi0ing WK ptoposal.to the City. ofNewpod Beach. 3. N hb the City or Nexpod Bruch any rami voWd_ to this RPP. Or'CC60'aduet agreement. 4 Any o0tar pr u t Incurred by ere Contractor .prkr to Rte dune of an cxmuted The City of rt Beach may use some or ah:of the fofirnving crit6ria in Its evaluation and compariko c rproposals submitted. The criteria fisted are not necessarily an all- inclusivelistThi ordef in which they appear is riot intended to indicate their relative importance:'. 1. The responsiveness to the requitemerms of the cm v= as set forth in Vib the R,vt 2. A understanding of the Contractor's work plan and Q.d= proposal 3. A logi}a4. ven methodology for catryipg out the work" tasks drscrAred in the pfoposgl developing contract defivemMes. 4. the , recent experience in coraming contracts of siutib soope, cgmpialty. d.aaagntude,paiticufafiyforgovermn"agencies. S. ReormI�ascfine local clietms with pattttatlar empfitais an looal$ovrrnment s 6. The ormtraccuosts. ,eAR ofd oto Z H. 1. 1. The c6flual.tor shalt hold harmless dre City and all of its agerqs, employees, and 0oers any and ati damages or claims, of any kind or ttatW that may be made 9r y: atvse tlireetly or indirectly far the performance, of duties by dw Contractor. 1. The Cbntm Uw shall be fully responsible, for any and all dames dam to City propc{y, 0nent,. or other property of the, public pwraims that resuk 5nm the Contractor' operations under this connwL 2. The for my insure ibe quipment, materials, and we* to cover Contza�torinterest in the same. The City unit -not, under any be amvc*le or alk for any too or damage that may be" .to said mluip , Is and wotic, or any part:or parts thereof, used.wW_a tployed'in 3. Cnntra."Wall ipdamuaify and hold harmless the City; its fatty Coomil, buar&, comm' affitem agew% servants and yeas from and. _my and all claims an dV*61,ioever, including mrasrable attonrcy'S , cilia %9. or sbingservioelg,equipment or suppl%,v iii,rwaneeaw with the sw� Weals uF anti "t. pi�arri ed by pair tt#•piu stuart to ft Airv** 119 PwposAsshouI4 be as'Way as possible and riot include any elaborate or unnecessary promotional rnaftial The following order and cmeat of proposal sections should be adhered to be p es�h a l A. CQVER Lit A com IcUff lwm (3) pam in lerob AMId:Stumnarizelcey CWMWB of the The 14= Proposal- 0 trust be signed by an Individual audmeiked to bhul ft oftbrot. Please also ifwtu&� pany'lotmation: name, address, telephone wmber; FAx number, andtn tpejagoomrscafsk Describe your dwgistsho% ouh.persoll ol atidltionai ink thoRPP ptp C. RCOW9-OF IM i aW methods formMemg go couttgeL Provide an orValmdon. WNW contraA tcam members PeWribe the responsibilides of ftaftw� Identify the CwftsctMecw andkr Manager abd the Wpcopodwith dr, City of'Nowpart Beach. AISDiRdUdV4ny , w Mff..wVVwt repined fitm Chypersomel dwag the coum of il Tlld9 M"'.'r I 011 ft." 0049* -Mo. a 2. This proposal is in strict compliance with the Request for Proposal and Draft Agreemenj eim pt for the items listed. For each exception or suggested change, the Conuactor nuist include: i a. 'Mosug,,ested change in the RE? or rewonling of the contractual oWqptions. b- Re4orm for submitting the proposed exception or change. c. Any im*ld the change or excwion mayhave as contract costs, Wheel g, or Pk= be adviled + the CIV& indemnity and insurance obligations are .Attack yaw aM" to the SupkMental Qw"onnalre (Attar utmt E). rartwe my other i4tonnamm youconsider to berelevant tome proposal. Aamond oPdMW:i&4k6 n4ibe provided:9-ft dismvdOn Qf`ftC*A%cW. OF.NEWPORT BEACH ST FOR PROPOSAL RFP NO. 6-11 OF"NEWPORT NAVIGATOW LY RECREATION WtOCHURE U. Any R to tb sat (OF NEWPORT BEACH Request for Proposal of "Newport Navigator" Brochures 7Vdon o, f Project hiteIEt (Scope o, f WfiF%) provide adesaaiption bathe requh+ed four (4) rochare and on(ihe edition. secs which doesinot meet tbecm itlom of ft specifications sea atled to ft waticn of the GonouWated if not eotrtxted,ptt awd not beam* udta9 edition is oormMd fa a ndsliaaory taRttaee ns This Scop of V... '.is immoded ta.eomer all tabor, material and sWWOodsofwmiumuship t¢ he empl ra. work ga(led'fork ibis. RfP or EeasoA til;Y,WOW "Uftft orsar VYrnk'oitra arnlaor-.r�taEetwhklrinayhbtbGapeoiPEr,�iR�MdAthu6Vr�ia11 may ilsY j pd.M 4W0sf*y fnr the completion ofSk WWW &A ho pilo i;by ad W4090 ibad:in M SpIcifications.. 11V. pleasgtttlta' tilptitfur:adstled ... fi:a:.a►, '. ��`•" .ltd any e�pipristet tbtr ..: ' e..a r...nnkl.ncw7 EtceotiAnfsl Cover -- — 414 (4 -color procmX Stock cover paper -100 th onnO Nature 30 � j N SC 30% ed ' Inside Pa Wt Brochure Sime ' Finished: 8.125 x I Y N Ftn 2809 Cditlen Y N 80 Pagcs (4 -color Winter2010Edilion i CY N n Pages O-ooW �� Spring 2810 Edition ' L./ N So pages (4•wl*+ ' Snnrmert010 Edltian 1 Y N 88 Pagan (4-colorp An Fdldous � Y N 45 Ib. Sonoma d. om.., 30%e Seorewvw,FoK 'laia Y At IOU. sayorvto`' Y } CemsliaeceY Exmolim9sl (City pays Fall 2009 Edf im- 404N AL Coptfa 44,500 copiesdefijered ttte main Newport Y N Post Office at: 1133 CameibaS Newps 2660 • S,(00 copies del'. CityofNewpott, f3earh Y N City Hall Retreat i Offmat; 3300 Newpoti:iiv Newport 638 IMofer 20#4 w TOTAL Copies: - 44,500 copies de .. _ Postoffice - N • 5,000 copies deliv City Hall Y N SPriogZ010Bdltloq:: .: TOTAL.Copis - 44,500 capitis de . Pod Office N - 5,000 copies dell City Hall Y N Summar2010 S8 TOTALCoptas 44 SOO cgpies dEi : ., Post Ofte N 6000.cople9deRm owd.C ' Hall Y N , ;.d.6s Y -'N iar S9n�iYed m Sc>ttxtirin'tatii� ` "PostOflice "Padot' .. t" Htoeh dei . !e': Damb City 1184 N "N )dmld.lm CMrattiwlC' i 3Xemdormust8ll Sasmr N did: ce' Ysa&oPmtrs;`Izd civlcloatli al dditf39 w ki C•kt�le,;� . ��t!BEISt€ieit OF NEWPORT BEACH ST FOR PROPOSAL RFP BYO. &J2 Off" NEWPORT BEACH Request. for Proposal of "Newport Navigator" Brochures Cr Proposal Form PROPOSAL ��T DATA SUMMARY FOR ALL YOUR (4) EDIT IW F THE "NEWPORT NAVIGATOR" Fal1209 EiM on: tin I 49,W Lot Praft Ift"wammpw zea 1 Em #8. wTax(9WdaWytie:bmWonto S.9tF VM" ' ,copies: ifymu policy dOM #Iem speciy) J CEa, f. dwym,lfaay ' WA lkwfndpal"100a=. it Mm- 6d:rdit(9e6S 6w. 6fwork W. 1.`1{l.vwxdzlt� ... $urfun.i#l'ifilptwns't f'�;t '� ti., -' fbb'liib'it��t i£ii.pofgaaweu�iiede4ed8 ��-- Winter 2010 Edition: item Qty. Uait 1 IIe! 'ae Price 1 49,500 Oat j B Pfinft "Newport NavigathC s24,547 [er 20i0 Edition 2 I pa` t g$. Tax (Should only kbas d an the 5,000 218 85 unn Red +mow: If Your policy ditra'S Pt smifY) 3 1 Pa tharM lrany S. row Cor Witter 20110 Edltim. S' 24„7&3 Pridag(SeeSw worwork); I. Whdwouldbat fwumitem #Iirsm awemedded? 528.00 2, VA9 would.Be F a +�. ' _ -for line Item #I ifs pagesvmm.ddlmed? $21.266 firing 2010 Edi€ on: Its QIY. Unit Dftaiption Price 1 49,500 Lot Bto us Printicr RNewpo t NavigaW SIM—" xola 2 1 Ea { IL71 6 Sales Tax (Should only W bmW.on the 5.000 S 23DA4 a um godoopim,ifyoarpolicy differsplease specify) 3 1 Ga Dell try 'gra If any S NIA Tualforslaft2m 52.,3 Waiianal Pricing (SW Scope af Work)% 1.. V" would he 116111 P& .for lcee iter #1' if B.p" ware addod7 $27,083, 2 1R(hat wonld.ka tl a M:price lbr line item #I if &.pages vammeed? S 24,:G47 Switmer 2010 Edion: [tan Qty. Unit Dourlpaon Prke 1 50,500 Lot -Box mmPiin6n& "Newport NaviSme $20,371 So amer2010Edition 2 1 Ea 9.7 Sales Tax(SWJ only be based out he 6.000 S �-95 unm lied copies; if your policy dftm please specify? - 3 1 Ea ;Deli Pry0orps, Irony $ NIA Teftj for SUMPM2010 Mition: S.2807 K What would-be H6 539+M -96P49 3, WWI would be urBlue isemmif8pasetwmaelded? S20All qlTY OF NEWPORT BEACH I MQUEST FOR PROPOSAL RFP N06 642 OF"MWPORT-NAVIGATIOR,"' LY RECREATION BROW Each proposal must sign one of the deeh L The Der m :ITY OF NEWPORT BEACH Request for Proposal ft of "Newport Navigator" Arochures wen$-& Statement ofCompfimee vniwied by a signed SWemont ofCmapliance. The Contr4*r must stated.below. below'declam that the pmlposal submitted by (Mame of atm) to perform printing of the "Newport. t$ga#mr" fito It :dated JunttitF�, 20419 was pteparod to strict ooiompUMm Milan% and terms of the RFV, the Scope of Work, surd Draft Dite ---------------- -- ----- --------- - -- - -- IL Iff. thgor. sinks, that the proposal sub mitr¢!fa ed by me of Firm* i?erad. .btc. has. been` p ib( comsida nA and wild exn4ptleg tq.s ae rtftU t�E &l�:Of the RP P, Stype txf tTOlt,, tial t1raR Agog Piro Contttr � adv � em�nas audlor a sa�sstodellt te: tta,Y K.t6ets of the �';?Icap�:of• ..,r11tAgteememt®osebosutnaakhtcdiai;s�iBagasaot RxldMds!t l j*_sfgaleg 44faw. the Canlrauc dtxres th# . pmt to hieiada:sta iiticess�':item caw tfieCa�ie�tsear.ia:ag-if4p:�r is iticlthd0e s+tefamteA al i tro 76TWICI �llr �'- � UP NO. 642 OF"NEWPORT NAVIGATOR-" LY RECREATION B80CHURE City of Newport Answers to RFQ 1. Trend Offpmt and otateigoi printing a9var with at mq u Alfison B4mn City cjty ot Z Our firm 911 a. b: 36' 4i Ilk .15, we ho*� for~ SWAMI 1.3 has had over 35 years of printing for cities. schools, ts. We are among the largest recipients of USGPO ds., Some names of local contacts we do business Lever - City of Lakewood - 562-868-9771 - Erin WahL-n - (714) M -SM Jet Ruth - 714-M-7103 prints caleAogs'. publicaffons,,and valtaTsfOr over 6W ads -In-(natty dIfferant formats, padlieww% and int is asslMned a ctistanweembe representative and *A nowntawo, WWgW with tt* I Aomoals Manager whaoaWl$ to man*&V ftW in bwlness-under wMntvMaWSl9Pw go 0"Wo h� t f V as fay A#aad Ing ftofft K4ft WAft softwe t"; Aft 00 Doe, tiff : dahwed TA 9WW9VPvkMW fry b*-VAWW 04t otqittdad*Tnml 9. Our typk Newport 10. Yes, we maid. 1i.Vde and 13.See 14. Yes, their time is 5 Days from finished sign off of proofs to delivery to Post Office. vide shipping,. delivery, and presortatron of carrier route graphics support available as well as customer service wdation c. l phones available 24 hours per day. 24 hours a day, 7 days per week. mn practices" awards and oarftcations fed by the Forest StewardslIp ODuncl and meet -all of 15.i1i(a alsltnig of high volume post cards,: insects, and self mall f©r any o�e #y of Newport beach ReMation nseifs: ilia have a wond+eft' ... creativa staff tapebte of cornkg up:011h: wW solution to sere: � increase: effectiveness of markeft campaigns. Phase answer the f4owl jgquestions on a swparateqbwt*fpaPerR&the responses will help the cid-merdopri,�ent in the vender sdection procesL Failure taattach answers tothis supplemental'quesdolma re may be grounds to consider your entire proposal non- responsive. i. Do= yaw fin ha % experience in printing City/Recreation brochures for other citim? tf W, please Ila t ity name(s), contact person(s), and telephone numberi(s)- 2. Describe )*a4firkin s experience in printing other catalogs and b-mchures similar to the Nwmxxt Nav for your convenience a copy of the Winter 2009 10dition is enclosed with this Ropiest f r Proposal package). 3. Plem dc=4 the[lowing areas of - yourfinn: az CUADMer im and product follow-up IL Yeatsbu 't ne$9 4. Is your fmable to iriat this prcioat in-house? 5. Om your IffikSsant uploaded tom IFTP ft a detailed descrilition of how film am to bescit to your firm. - 6. From- the tbft in receives files ftM-thO City, what is thOWA4mand time for blue - fe l 7. HdwiYdar idethw " thetlue-lifte (EMU, A*mmw Sales, Rep 9. 40 a CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. a (November 9, 2010) TO: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL FROM: Recreation & Senior Services Department Laura Detweiler, Director 949 - 644 -3157, Idetweiler0mewportbeachca.go v Matt Lohr, Recreation Manager 949 - 644 -3164, mlohr(a)newportbeachca.aov SUBJECT: PRINTING SERVICES FOR THE NEWPORT NAVIGATOR & SUMMER CAMPS BROCHURES ISSUE Staff is requesting award of printing services for the Newport Navigator and Summer Camps brochures for one year with an optional three year extension. RECOMMENDATION, 1. Award printing services for the Newport Navigator & Summer Camp brochures to Trend Offset Printing Services, Inc. ( "Trend "), 2. Authorize the City Manager or designee to award up to three (3) additional years of printing services for the Newport Navigator & Summer Camp brochures to Trend with annual price increases based on Consumer Price Index (CPI) and /or paper costs. DISCUSSION The Newport Navigator and Summer Camp Brochures are the Recreation & Senior Services Department's key marketing pieces in delivering current program and service information to our residents and are essential to achieving yearly revenue projections in return. A Request for Proposals (RFP) was published for services to print the Newport Navigator (quarterly) & Summer Camps (one time) brochures per calendar year. A total of three companies responded and met the criteria of the RFP with Trend as the lowest bidder. Results of the bid process included the following: Company Total Bid Price Rank Trend Offset Printing Services, Inc. $125,786.87 Low San Diequito Printers $134,387.43 2 Nielsen Digital Media Group $173,238.44 3 The City has used Trend for the past six out of seven years for printing the Newport Navigator. The Recreation & Senior Services Department brochure printing needs have been well served with Trend's quality of printing, attention to detail, customer service, and overall turnaround time. The past history of quality work product and low bid pricing is the basis for this recommendation. PRINTING SERVICES FOR THE NEWPORT NAVIGATOR & SUMMER CAMP BROCHURES Page 2 ENVIRONMENTAL REVIEW The City Council's approval of this Agenda item does not require environmental review. PUBLIC NOTICE The agenda item was noticed according to The Brown Act (72 hours in advance of the meeting at which the City Council considers the item). FUNDING AVAILABILITY The Newport Navigator & Summer Camps brochures are appropriated in the FY 2010111 Budget as follows: Budget Number Justification Amount 4330 -8207 Summer Camps Brochure Printing $16,019.15 4510 -8127 Newport Navigator Brochure Printing $109,766.92 Submitted by: s L a 4 ira Detweiler R reation & Senior Services Director Attachment: Recapitulation for Printing Services of the Newport Navigator & Summer Camps Brochures Z RECAPITULATION FOR Printing Services: Newport Navigator and Summer Special Brochures RFP No. 8 -17 Purchase Order No. Quotes were received from three (3) firms that provide the specified printing services 3 The results are shown below:. Trend Offset Son'.Dleguito Nielson Digital Printing Printers 'Media .Group - Ryon S lmm 'che.aekar MaKhew. NiWw. .Item Quantity Newport Navigator 60,000 $26,493.13 $28,016.04 $35,848.31 Winter 2011: Edition Newport' Navigator 50;000 $27;026:43 $29,233.35 $38,496.74 Spring 2011 Edition: Newport Navigator 51,000 $30,220:93 $32,697;81 $42;527110 Summer 2011 Edition Newport Navigator 60;000 :$27,026.43 $29,233.36 $38,416:74 F511201'1 Edition 'Summer Special Brochure 30,000 $18;018:95 $162Q6.88. $18,029:56 SuhTotal $125,786.87 $194,367.43 $173;238:44 Tax Included Included: 'Included. Total $126,786:87 $134,3S7.4 $$173;238:44 Rank. LOWEST ':Second Lowest Third Lowest Difference LOWEST $8,600,56 $47,461.57 3