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06-1121_PRINTING SOLUTIONS_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into thisaPSt day of Civeu4 bm 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Printing Solutions (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. SD 0 0 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. 2 0 0 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: 0 0 $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 after thirty (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. 0 0 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: Printing Solutions Attn: Larry Cree 25702 Via Viento Mission Viejo, CA. 92691 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"). 0 0 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. APPROVED AS TO FORM: John R. Sh City Attorney CITY OF SAN JUAN CAPISTRA O By: ,, ay.i M. 54e—rcflin, Mayor COi In E 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 EAx www sanj uancapistrano. org TRANSMITTAL TO: Larry Cree Printing Solutions 25702 Via Viento Mission Viejo, CA 92691 DATE: April 10, 2007 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Personal Services Agreement — Printing Services MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. 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 agreement is enclosed for your records. Cc: Diane Regier, Management Analyst I San Juan Capistrano: Preserving the Past to Enhance the Future 031 Printed on 100% rewcleE oaoer n U 32400 PASEO ADELANTO BAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www.sanjuancapistrano.org November 27, 2006 Larry Cree Printing Solutions 25702 Via Viento Mission Viejo, CA 92691 Dear Mr. Cree: n MEMBERS OF THE CIT/ COUNCIL SAMALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Ac�' PC zIX 03 An agreement for printing services was approved by the City Council at the November 21, 2006 meeting. It is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 14. Insurance. 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. Irl ip City Cler cc: Diane Regier, Management Analyst I Enclosure San Juan Capistrano: Preserving the Past to Enhance the Future � Printed an 100% Recycled Paper • 0 11/21/2006 AGENDA REPORT D8 TO: Dave Adams, City Manager Qi� 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. 1 Agenda Report • • Page 2 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: Cindy Russell 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 2 0 0 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 • • Numbering • Scoring E 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 term. 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. 2 0 0 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 fors, 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 0 0 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 firms 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. 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 U) 3 j 0 LL 0 � I � \ kTTAHME' 2 teZ. C!z k �) \_ \ §\ 2 a f a b- o - } \o \a .. f 13 ■ i _o a� § �, It ■0 #_ ) ) !a2 k /) § ) )- }0 § UCL0 # � ^ w.- \ \ k \ § \ �_ \ ._. _ . _._.. .} I # } \ ^ / § m) / / \ Cli� _ / % 3 \) \ I It It 0 ak§ & - f f \ \ $ $ \!# f 2 7 § Ci\ § . 2 2 a § « { ) /Ir !§ E § k \\/}� \ �\ }\ ® (D, - - - - -� f$ r \! )) ) ) j \ )) � k / !a f �! kTTAHME' 2 0 0 Personal Services Agreement for Douglas Printing, Printing Solutions, and Ready Quick Printing are available in the City Clerk's office for public review ATTACHMENT 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX wwwsanjuaticapistrano. org Jwr., �j mcrrrNrtN • final ISR 1961 V76 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT 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.sanivancaoistrano.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-agendasesanivancaoistrano.oM. 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 Printed on 100% Recycled Paper 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAX www sanjuancaplstran o. org June 26, 2009 Printing Solutions 25702 Via Viento Mission Viejo, CA 92691 m �j IIfIA1ARA[1 • numRn � 1961 1776 RE: Compliance with Insurance Requirements — Printing Services The following insurance document is due to expire: ✓ Automobile Liability Certificate 7/13/2009 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO Please submit updated documentation by the above expiration dates to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 or fax to (949) 493-1053. If you have any questions, please contact me at (949) 443-6310. Sincerely, Ln NI�A Christy Jakl Administrative Specialist, City Clerk's Office cc: Lori Fuentes, Adminstrative Coordinator San Juan Capistrano: Preserving the Past to Enhance the Future 03, Pnntetl on 100 h recyGetl paper