06-1121_DOUGLAS PRINTING_Personal Services Agreementa a fiasC Nuf-To -
CITY CLERK'S DEPARTMENT -ACTION REMINDER i k 1 t 10-7
TO: �Diia�n_e Regier_Management Analyst I
OM: Christy Swanson, 7Secreta�ry)rf�'DATE: November 1, 2007
ON:
On November 21, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with Douglas Printing to provide printing services.
ACTION REQUESTED:
What is the status of the Agreement? Please notify our office if agreement has been
completed or will be extended.
ACTION TO BE TAKEN:
,Igtce+'uen+ id �r -Fkiee Vrs . ih�ilkh�
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION: C� 94 -
DATE SIGNED: II- t4 -o7
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 11/01/07
Deadline Date: 11/30/07
(600.30/douglas)
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of Awe / .
2006, by and between the City of San Juan Capistrano (hereinafter referred to as the
"City") and Douglas Printing (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
printing services; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as
needed set forth in Exhibit 'A," attached and incorporated herein by reference.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of its
profession.
Section 2. Term.
This Agreement shall be for a period of three (3) years. The City will consider
extending the agreement for up to two additional one (1) year extensions based upon
mutual agreement of the parties.
Section 3. Compensation.
3.1 Amount.
Total cost to City for Consultant's services shall not exceed $40,000 for each
annual period. The amount stipulated above is not a guarantee by the City to Consultant
that said amount will be received by the Consultant. Rather, it represents the manximum
authorization permitted without further Council approval.
3.2 Method of Payment.
City agrees to pay Consultant for work performed within thirty (30) days after
submission of an invoice from Consultant describing such work.
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For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to this
Agreement setting forth with particularity all terms of the new agreement, including but not
limited to any additional Consultant's fees.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
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Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for errors and omissions committed by
Consultant arising out of or in connection with the work, operation or activities of
Consultant, its agents, employees and subcontractors in carrying out its obligations under
this Agreement.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
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$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990)
to the City's General Counsel for certification that the insurance requirements of this
Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until afterthirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without cause
by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10) days'
notice to the other party of a material breach of contract. If the other party does not cure
the breach of contract, then the agreement may be terminated subsequent to the ten (10)
day cure period.
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Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Administrative Services
To Consultant: Douglas Printing
Attn: Gary Coleman
210 Calle de Los Molinos, Suite C
San Clemente, CA. 92672
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
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Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: 6r2z-Z Z�' /-"4
David M. SVdrF1in,--Way5—r
CONSULTANT
By:
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Marg ret onah it CI
APPROVED AS TO FORM:
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John R. Shaw, ' Attorney
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAx
www.sanjuancapistrano.org
TRANSMITTAL
TO:
Gary Coleman
Douglas Printing
210 Calle De Los Mares, Suite C
San Clemente, CA 92672
FROM: Maria Morris, Deputy City Clerk
DATE: December 27, 2006
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RE: Personal Services Agreement — Printing Services
MEMBERS OF THE CITY COUNCIL
Thank you for forwarding documentation confirming compliance with the terms of the
agreement related to insurance.
SAM ALLEVATO
THOMAS W. HRISAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949) 443-6309.
If you have questions concerning the agreement, please contact Diane Regier, Management
Analyst 1 (949) 443-6304.
An original, executed agreement is enclosed for your records.
cc: Diane Regier, Management Analyst I
San Juan Capistrano: Preserving the Past to Enhance the Future
" Printed on recycled paper
0 • 11/21/2006
AGENDA REPORT D8
TO: Dave Adams, City Manager Q`
FROM: Cindy Russell, Administrative Services Director
SUBJECT: Consideration of Personal Service Agreements for Printing
Services (Douglas Printing, Printing Solutions, Ready Quick
Printing)
RECOMMENDATION:
By motion, approve the three (3) year Personal Services Agreement with Douglas
Printing, Printing Solutions and Ready Quick Printing for Printing Services with two (1)
year possible extensions in amounts not to exceed $40,000 annually; and authorize the
Mayor to execute the agreements.
SITUATION:
In April, a request for proposals was sent to eighteen vendors to provide printing
services for the City. Over the years, City staff has used the services of several
vendors for the printing of such items as the City newsletter, walking tour guides, water
bill invoices, licenses, letterhead paper and business cards. The purpose of the RFP
was to find a source that could provide fast, quality printing services at competitive
prices, and that could handle printing requests from all of the City departments. Of the
eighteen vendors solicited, six proposals were received and evaluated by a committee
of City staff using the following criteria;
1. Cost (30 points)
2. References (25 points)
3. Related experience of firm (20 points)
4. Thoroughness and understanding of scope of work (15 points)
5. Quality of proposal (10 points)
Based on the overall thoroughness of the proposals, and the bids received for the
printing samples provided to the vendors (Attachment 2), the committee selected three
vendors, Douglas Printing, Printing Solutions and Ready Quick Printing to be the
recommended printing vendors for the City. All three vendors have several years of
experience in the printing field, have worked with City staff on printing projects in the
past, and have made a commitment to continue to provide service to the City on all
future printing needs.
Agenda Report
Page 2
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COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
None.
FINANCIAL CONSIDERATIONS:
November 21. 2006
The selection of these vendors to provide the City with printing services will save on the
cost of staff time to research the most competitive prices for future printing projects.
NOTIFICATION:
Douglas Printing Printing Solutions Ready Quick Printing
210 Calle de Los Molinos, #C 25702 Via Viento 31876 Del Obispo, #6
San Clemente, CA 92674 Mission Viejo, CA. 92691 San Juan Capistrano, CA. 92675
Attn: Gary Coleman Attn: Larry Cree Attn: Rob Beck and Jeff Whitby
RECOMMENDATION:
By motion, approve the three (3) year Personal Services Agreement with Douglas
Printing, Printing Solutions and Ready Quick Printing for Printing Services with two (1)
year possible extensions in amounts not to exceed $40,000 annually; and authorize the
Mayor to execute the agreements.
Respectfully submitted,
Prepared by:
Gn.
Cindy Russell vll!�L iane Regier
Administrative Services Director Management Analyst I
Attachment(s):
1. Request for Proposal for Printing Services
2. Summary of Lowest Bids
3. Personal Services Agreement for Douglas Printing, Printing Solutions, and Ready
Quick Printing are available in the City Clerk's office for public review
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City of San Juan Capistrano
Request for Proposal for Printing Services
INTRODUCTION
The City of San Juan Capistrano is requesting proposals for printing services.
Responses must conform with the requirements of this Request for Proposal
(RFP). The City reserves the right to waive any irregularity in any proposal or to
reject any proposal which does not comply with this RFP. Selection of the
proposer will be made solely by the City on criteria determined by the City.
BACKGROUND INFORMATION
The City of San Juan Capistrano is located in south Orange County and occupies
approximately 13.6 square miles with a population of approximately 36,000. San
Juan Capistrano is a full service city and is noted for it's excellent residential
areas, shopping facilities and open space. The City has a Council -Manager form
of government and provides a full range of municipal services including its own
water utility. The City is organized into six Departments including City Manager,
Administrative Services, Community Services, Engineering & Building, Planning
and Public Works.
The printing needs of the City of San Juan Capistrano are diverse and include
both photocopying and printing services. Some examples of printing requests
include flyers, brochures, envelopes, letterhead, invoices for water billing, multi-
part and single forms, and business cards (Attachment 1). Requests vary in
quantity from a few hundred to a few thousand. There may be times when same
day or next day service is needed.
SCOPE OF SERVICES REQUIRED
This RFP is intended to cover all labor, tools, equipment and materials necessary
to provide complete printing services to the City of San Juan Capistrano. Printing
services may include, but are not limited to the following:
• Cutting
• 3 -hole punching
• Stapling
• Collating
• 2 -sided copies
• Binding
• Padding
• Folding
• Saddle stitching
• Perforating
ATTACHMENT 1
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• Numbering
• Scoring
The City also has a need for offset type printing. Typical services required may
include, but are not limited to:
• Typesetting
• Multiple color runs
• One and two-sided printing
• Cutting
• Folding
• Padding
• Form numbering
• Graphic design/artwork
The City requires that a minimum of 30% post consumer recycled paper be used
when possible, and 100% post consumer recycled paper is desirable.
COMPUTER PROGRAMS
The City utilizes Windows based programs and will require the selected vendor
to be proficient in, including, but not limited to: Adobe Photoshop, Adobe Acrobat,
Adobe Image Ready, Adobe Illustrator, Excel, Microsoft Word, Word Perfect,
Quark Express, Corel Draw, Microsoft Publisher.
ARTWORK
All artwork (including negatives) produced by the successful vendor for the City
in the performance of this contract shall be considered the property of the City of
San Juan Capistrano and is to be returned to the City upon request or upon
conclusion of the contract ten -n.
PERFORMANCE STANDARDS
• The successful vendor will provide to the City of San Juan Capistrano a
monthly Quality Assurance Report summarizing all orders placed,
delivered, still open, delivery problems and damaged goods.
• Supplier mistakes will be at no cost to the City.
• Inability to maintain promised delivery times will be considered a supplier
mistake at no cost to the City.
• No printing requests will be completed without a signed proof by an
authorized signatory as provided by the City.
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PRINTING REQUISITION FORMS
The successful vendor will be required to furnish all necessary Printing Services
Request forms to be used during the term of this contract at no cost to the City.
PRICING
Prices quoted are to include delivery and pick-up of all documents requested.
Prices quoted are to include all forms, catalogs, plates, negatives, packaging and
software, all sub -contractors used, all consumables expended, all overhead, and
any other related cost not specifically mentioned herein.
Additionally, pricing adjustments may be proposed after the initial year, but no
more than once annually, and, such increases may not exceed the previous 12
month period according to the Consumer Price Index for the federal reporting
area closest to San Juan Capistrano and shall not exceed 5% per year. All price
increases must be supported by documentation from the manufacturers such as
a price adjustment in paper production costs.
PROPOSALFORMAT
Each Proposer shall submit a response to the information requested below and
number such responses accordingly:
1. Cover letter summarizing your proposal.
2. Scope of work (a description of the various services offered)
3. A description of the staff relating to their qualifications and experience,
and a description of any sub -contractors that may be utilized to fulfill
the requirements of this proposal.
4. A description of internal operations including, but not limited to your
ordering system, delivery system, telephone/e-mail system, customer
service program, printing press and artwork capabilities.
5. Description of your most recent or current projects similar to those the
City of San Juan Capistrano is requesting and include contact names
and phone numbers for reference.
SELECTION PROCEDURE
The following is an outline of the selection procedure and tentative time
schedule.
• Proposal Submittal Deadline April 7, 2006
• Proposal Review April 10 — 14, 2006
• Interviews with Finalists (if necessary) Week of April 24 -28, 2006
• Recommendation to City Council June 6, 2006
• Contract Begins July 1, 2006
PROPOSAL EVALUATION CRITERIA
The following criteria shall be utilized in selecting the top candidates to be
interviewed for this service
1. Cost (30 pts.)
2. References (25 pts.)
3. Related experience of firm (20 pts.)
4. Thoroughness and understanding of scope of work (15 pts.)
5. Quality of proposal 10 ts.
100 pts.
Late proposals and faxed proposals will not be accepted.
Proposals shall specify each item as set forth in this RFP. Failure to fully comply
with the requirements of the RFP may be grounds for rejection of the proposal.
The City of San Juan Capistrano reserves the right to reject any and all
proposals. The City reserves the right to visit and inspect the Proposer's facilities
at a mutually agreed upon time to ascertain that the Proposer has the necessary
resources to' provide the required services. The City shall be the sole judge in
determining if the Proposer is qualified to undertake the project pursuant to the
criteria set forth herein.
DISCRETION AND LIABILITY WAIVER
The City reserves the right to reject all proposals or to request and obtain, from
one or more of the printing fines submitting proposals, supplementary information
as may be necessary for City staff to analyze the proposals pursuant to the
selection criteria contained herein.
The City may require vendors to participate in additional rounds of more refined
submittals before the ultimate selection of a printing firm is made. These rounds
could encompass revisions of the submittal criteria in response to the nature and
scope of the initial proposals.
The vendor, by submitting a response to this RFP, waives all rights to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
Although, it is the City's intent to choose only a small number of the most
qualified printing firms to interview with the City, the City reserves the right to
choose any number of qualified finalists.
CONTACT
Any questions regarding this request for proposals should be directed to Diane
Regier, Management Analyst I at (949) 443-6304.
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DIRECTIONS FOR DELIVERY OF THE PROPOSAL
Please submit three (3) copies of the proposal, and one copy of the Cost
Proposal, to be submitted separately in a sealed envelope. Proposals must be
delivered no later than April 7, 2006 at 5:30 pm to:
Diane Regier, Management Analyst I
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675
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ATTACHMENT 2
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Personal Services Agreement for Douglas Printing, Printing Solutions, and Ready Quick
Printing are available in the City Clerk's office for public review
ATTACHMENT
•
32400 PASEO ADEIANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www sanjuancapistrano. org
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MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
MATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on November 21, 2006
in the City Council Chamber in City Hall, to consider: "Consideration of Personal
Services Agreements for Printing Services (Douglas Printing, Printing Solutions,
Ready Quick Printing)" — Item No. D8.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, November 20, 2006 to allow time for the Council to consider its
content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Diane Regier,
Management Analyst I. You may contact that staff member at (949) 949-443-6304 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.san'uancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-agendasCabsanivancaoistrano.org.
Meg Monahan, CMC
City Clerk
cc: Douglas Printing`; Printing Solutions"; Ready Quick Printing"; Cindy Russell,
Administrative Services Director; Diane Regier, Management Analyst I
" Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on 100% Recycled Paper
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32400 PASEO ACELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
November 27, 2006
Alk
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
V
IZ%
Gary Coleman
Douglas Printing
210 Calle De Los Molinos, Suite C
San Clemente, CA9 72
V6-
Dear MrXComanf
An agreement for printing services was approved by the City
November 21, 2006 meeting. It is in the process of being executed.
upon receipt of required documentation related to contract
Section 14. Insurance.
Council at the
It will be issued
terms under
Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK —
followed by original signed documents. I have enclosed a copy of the agreement terms
for your reference in supplying this documentation.
If you have questions specific to the contact, please contact the project manager,
Diane Regier,; Management Analyst 1 (949) 443-6304. Please call me at
(949) 443-6309 if you have questions regarding the forms of insurance needed.
T a
ar r
De ty City Cler
cc: Diane Regier, Management Analyst I
Enclosure
San Juan Capistrano: Preserving the Past to Enhance the Future
� Printed on 100% Recycled Paper