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HomeMy WebLinkAboutAGENDA REPORT 1998 0520 CC REG ITEM 11CAGENDA REPORT CITY OF MOORPARK TO: Honorable City Council FROM: Deborah S. Traffenstedt, City Clerk DATE: May 15, 1998 (CC Meeting of 5/20/98) &kl" �"'Lt 04. 01;1� ITEM HoCe CITY OF MOORPAIM CALIFORNIA City Council Meeting er 5•ZOaB ACTION: -- A- g g r o vet! By �5T SUBJECT: CONSIDER AUTHORIZING CITY MANAGER TO APPROVE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND KINKO'S MOORPARK FOR REPRODUCTION OF THE AGENDA PACKET AND RELATED CITY REPORTS Summary Since 1994, the reproduction services for the City Council's agenda packet have been provided by Printing Carousel in Simi Valley. Printing Carousel has recently requested a price increase, and Kinko's Moorpark has submitted a proposal to provide the reproduction services for a lower cost. Discussion Printing Carousel has been charging $.07 per sheet ($.035 per side) for a three -hole punched, double -sided copy, and they have recently requested to increase that charge to $.09 per sheet ($.045 per side). Kinko's Moorpark has submitted a proposal for $.065 per sheet ($.0325 per side) for a three -hole punched, double -sided copy. The Kinko's Proposal does identify a cost per staple of $.02; however, they have agreed to waive that charge for reports up to 100 pages. Reports over 100 pages in size require hand stapling and there would be a charge of $.10 per staple for those larger reports. The attached draft Professional Services Agreement reflects the revised language for staple charges in Article 1, Scope of Work. Kinko's Moorpark has offered the City a $2,500 credit towards printing costs, which is approximately half of the annual estimated printing costs for the City Council agenda packets. Other advantages of using Kinko's Moorpark include the location, the fact that they are open 24 hours and will provide a shorter turnaround time, and the opportunity to support a local business. A minimum 15 -day written notice of termination of agreement would need to be sent to Printing Carousel, prior to the execution of an Agreement with Kinko's Moorpark. Staff Recommendation Authorize the City Manager to approve a Professional Services Agreement between the City and Kinko's Moorpark for reproduction of the agenda packet and related city reports, subject to final language approval by the City Attorney. Attachment: Draft Professional Services Agreement DST c:\tn\xtaffrpts\cc5-2098.agr `� R - I PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MOORPARK AND KINKO'S MOORPARK THIS AGREEMENT, made and entered into this day of , 1998, by and between the City of Moorpark, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "CITY" and Kinko's Moorpark, hereinafter referred to as "CONTRACTOR." RECITALS WHEREAS, City has the need for professional services related to reproduction of the City Council Agenda Packet and related reports; and WHEREAS, Contractor is duly qualified and experienced in providing such services and has submitted to the City a written response to City's Specifications for Reproduction of the Agenda Packet; and WHEREAS, City wishes to retain Contractor for the performance of those services described in Section I, "Scope of Work," as set forth below. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: I. Scone of Work City does hereby appoint Contractor in a contractual capacity to perform reproduction of the City Council agenda packet and related reports, based on the Scope of Work as set forth herein and in the Specifications for Reproduction of the Agenda Packet and Contractor's Proposal, attached as Exhibit 1 to this Agreement. Where said Exhibit is modified by this Agreement, or in the event there is a conflict between the provisions of said Exhibit and this Agreement, the language contained in this Agreement shall take precedence. GENERAL: An original Agenda packet of approximately 200 single - sided letter -size pages (8 '-� -inch x 11- inch), consisting of approximately 20 -50 individual reports shall be reproduced into a minimum of 24 agenda packets with white, letter -size, three -hole punched, double -sided copies, with no staples included for six packets and all other packets shall have reports individually stapled. There will typically be two regular City Council meeting agenda packets per month and the originals shall be picked up from City Hall on the second and last Thursday of the month at 5:00 p.m. Completed, reproduced packets shall be delivered to City Hall by 12:00 p.m. or earlier on the following Friday (19 -hour minimum turnaround). Holidays which occur during the week the Agenda Packet is processed may require a special schedule (for example, the Thanksgiving Holiday may require Professional Services Agreement Between City of Moorpark and Kinko's Moorpark Page I OOC4..1W packets to be picked up on Tuesday and returned on Wednesday. Pick -up from and delivery to City Hall is required. SPECIFIC BID ITEM: 1. Double sided copies: 2. Three -hole punched: 3. COST PER DOUBLE -SIDED COPY WITH THREE -HOLE PUNCH 4. Reports individually stapled: 5. COST PER STAPLE: ABILITY TO COMPLY: YES YES $.065 PER SHEET YES NO CHARGE FOR UP TO 100 PAGES AND $.10 PER STAPLE FOR REPORTS OVER 100 PAGES 6. COST TO ASSEMBLE PACKETS: NO CHARGE 7. Pickup - Thurs. @ 5:00 p.m.: YES 8. Delivery - Fri. - no later than 12:00 p.m.: YES 9. COST PER PICKUP /DELIVERY: NO CHARGE 10. Turnaround time 19 hours for City Council packet: YES II. Compensation Compensation shall be $.065 per sheet ($.0325 per side) for a double -sided copy, and $.065 per sheet for a single -sided copy. There shall be no charge for staples for reports with up to 100 pages, and there shall be a charge of $.10 per staple for reports over 100 pages in size. Payment to Contractor shall be made by City within thirty (30) days of receipt of invoice, with the exception of any invoice which is contested or questioned and returned by City with written explanation within thirty (30) days of receipt of invoice. Contractor shall provide to City a written response to any invoice contested or questioned, and further, upon request of City, shall provide City with any and all documents related to any invoice. Services will be billed by the Contractor to the City by the tenth (10ei) day of each month, the Contractor shall be paid within thirty days after Contractor furnishes City with a bill. III. Termination A. This Agreement may be terminated with or without cause by City at any time with no less than fifteen (15) days written notice of such termination. In the event of such termination, Contractor shall be compensated for services up to the date of termination. Professional Services Agreement Between City of Moorpark and Kinko's Moorpark Page 2 () (Clti0 B. This Agreement may be terminated by Contractor only by providing City with written notice of no less than 30 days in advance of such termination. IV. General Conditions A. Contractor, and any of its officers, employees or agents, in the performance of this Agreement shall maintain the confidentiality of the information contained in all reports in the City Council agenda packet and shall not at any time or in any manner disclose any information contained in the agenda packet. B. City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Contractor performing services hereunder for City. C. Contractor is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees, servants or agents shall have control over the conduct of Contractor or any of Contractor officers, employees or agents, except as herein set forth. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner employees of the City. D. Contractor shall hold harmless, indemnify and defend the City and its officers, employees, servants and agents serving as independent contractors from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including by not limited to death or injury to any person and injury to any property, resulting from, or in any way connected with the performance of this Agreement by Contractor or the City, except such damage as is caused by the sole negligence of the City. The City does not, and shall not, waive any rights that it may have against Contractor by reason of Paragraph D, hereof, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in Paragraph D hereof. E. Contractor shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this Agreement that policies of insurance Professional services Agreement Between City of Moorpark and Kinko's Moorpark Page 3 000121 required by this paragraph and shall furnish to the City Clerk of the City certificates of said insurance on or before the commencement of the term of this Agreement. Notwithstanding any inconsistent statement in any of said policies or any subsequent endorsement attached thereto, the protection offered by the policies shall: 1. Name the City and its officers, employees, servants, and agents as additional insured with Contractor; 2. Bear an endorsement or have attached a rider whereby it is provided that, in the event of cancellation or amendment of such policy for any reason whatsoever, the City shall be notified by mail, postage, prepaid, not less than thirty (30) days before cancellation or amendment is effective. Contractor shall provide the City with thirty (30) days written notice prior to the expiration of such policy; 3. Be written on an Occurrence Basis. F. Consistent with the provisions of Paragraph E: 1. Contractor shall provide general public liability including property damage insurance in an amount not less than One Million dollars ($1,000,000.00) per occurrence and annual aggregate; and, 2. Contractor shall provide automobile liability insurance in an amount not less than Three Hundred Thousand dollars ($300,000.00) per occurrence and annual aggregate. 3. Contractor shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by Contractor in work under this Agreement is not protected by the workers' compensation law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. G. Contractor shall not assign this Agreement, or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. H. Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, Professional Services Agreement Between City of Moorpark and Kinko's Moorpark Page 4 return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: Deborah Traffenstedt, City Clerk To: Kinko's Moorpark 515 W. Los Angeles Avenue Moorpark, CA 93021 Attn: Earl Jeffrey, Manager Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. I. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Contractor or by any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the City and Contractor. J. This Agreement constitutes the entire Agreement of the parties concerning the subject matter hereof and all prior Agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. K. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it be prepared. L. No waiver of any provision of this Agreement shall be deemed, of shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. M. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any Professional Services Agreement Between City of Moorpark and Kinko's Moorpark Page 5 alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgement or decree rendered in such a proceeding shall include an award thereof. N. Cases involving a dispute between the City and Contractor may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgement of the arbitrator. 0. This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. P. The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. V. Responsible Individual. The individual directly responsible for Contractor overall performance of the contract provisions herein above set forth and to serve as principal liaison between City and Contractor shall be the Kinko's Moorpark Manager. Upon mutual written Agreement of the parties, other individuals may be substituted in the above capacity. The City's contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Clerk. VI. Implementation. The City shall provide Contractor with written notice in advance of the date at which these services are to be implemented if different than the date of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF MOORPARK: Steven Kueny City Manager KINKO'S MOORPARK: M Earl Jeffrey, Manager Professional services Agreement Between City of Moorpark and Kinko's Moorpark Page 6 000iLZ4 ATTEST: M Deborah S. Traffenstedt City Clerk Attachment: Exhibit 1 - Specifications for Reproduction of the Agenda Packet and Proposal from Kinko's Moorpark received on March 24, 1998 Protessional Services Agreement Between City of Moorpark and Kinko's Moorpark Page 7 00012 5 03 -24 -99 05:10 From- T -037 P.02/02 F -039 CITY OF MOORPARK SPECIFICATIONS FOR REPRODUCTION OF THE AGENDA PACKET General: An original Agenda Packet of 200 +/- single sided, letter size pages (8 -1 /2" x 11 ") consisting of 20 - 50 individual reports is to be reproduced into white, letter size, double sided copies, reports individually stapled and starting on a front page, three hole punched and assembled into 24 packets (with the exception of 6 packets, which will be reproduced as above without staples). (This will be 5,000 +/- copies.) There will be two agenda packets per month available for reproduction at 5:30 p.m. on the second and fourth Thursday of each month. Packets must be delivered no later than 12:00 p.m. on Friday. Holidays which occur during the week the Agenda Packet is processed may require a special schedule. SPECIFIC BID ITEM: ABILITY TO COMPLY COST 1. Double sided copies: 2. Three hole punched- COST PER DOUBLE SIDED COPY: •0�5 3. Reports individually stapled COST PER STAPLE: O 3 4. Assembled: � p COST TO ASSEMBLE 24 PACKETS: Vj 5. Pickup- Thursday @ 5:30 p.m. es 6. Delivery - Friday no later than 12:00 p.m. COST PER PICKUP/DELIVERY: fpg V 7. runaround time: VENDORIADDRESSlPHONE: Y tAK65 CONTACT: —')a A^ el Li -yo 51-%rS _ Ri EC ED MAR 9 4 199A