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HomeMy WebLinkAboutAGENDA REPORT 1993 1020 CC REG ITEM 08EITEM CITY OF MOORPARR AGENDA REPORT TO: The Honorable City Council c� FROM: Christine Adams, Director of Community Service DATE: October 12, 1993 (Meeting of October 20, 1993) SUBJECT: Consider AnvrovinQ Plans and Specifications for the Recreation rochure and Authorization to Advertise for Receipt of Contract Bids. At the City Council meeting of June 16, 1993, staff presented a proposal to the City Council, which recommended altering the format of the current recreation program brochure, and allowing advertising within the brochure to offset some production and staff costs. The City Council recommended that staff advertise through a formal bid process the publication of the recreation program brochure, and further recommended that local vendors be given a chance to also bid on the project. The Council identified that they would entertain bid submittals for a one year contract, and that the contract should specify that advertising be sold primarily to local businesses. The attached draft of the plans and specifications for the recreation brochure identify these two points. Staff is requesting that the City Council take action tonight in order that. the advertisement for bids can be made within the next week, and allow a contract to be signed in November. This would allow the contractor to begin selling advertising for the spring issue, which is published in March. Approve Plans and Specifications for Recreation Brochure Contract and Authorize staff to advertise for receipt of contract bids. City of Moorpark, California NOTICE INVITING BIDS For Furnishing and Delivering BROCHURE, RECREATION ACTIVITIES PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark as Agency, invites sealed bids for the above stated contract and will receive such bids in the office of the City Clerk, 799 Moorpark Avenue, Moorpark, Callfornia, 93021. up to the hour of I on the at which time they will be publicly opened and read. All bids submitted shall be on the Bid Proposal Form provided by the City of Moorpark. Faxed bids will not be accepted. Bid Proposal Forms, together with a copy of this Notice Inviting Bids, the Instructions to Bidders and the City of Moorpark Specifications for the item(s) to be furnished, may be obtained from the Department of Community Services, City of Moorpark, 799 Moorpark Avenue, Moorpark, Cal - fornia, 93021, or by telephoning (805) 529 -6864, ext. 227. All of the above will be furnished upon payment of a $5.00 non - refundable fee if picked -up, or payment of a $7.00 non - refundable fee if mailed. Bids must be prepared on the approved Proposal Forms in conformance with the Instruction to Bidders and submitted in a sealed envelope plainly marked on the outside "BROCHURE: RECREATION ACTIVITIES - DO NOT OPEN WITH REGULAR MAIL." By order of the City Council of Moorpark, California. INSTRUCTIONS TO BIDDERS Bids shall be submitted in writing on the forms provided by the Agency, use of other forms may be cause for rejection of bids. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The Agency will not consider any proposal not meeting these requirements. PROPOSAL GUARANTEE No bid bond is required. Proposals shall be enclosed in outside, "BROCHURE, RECREATION MAIL." Proposals may be mailed is the bidder's responsibility to the hands of the Agency's opening hour stipulated in the will not be considered. a sealed envelope plainly marked on the ACTIVITIES - DO NOT OPEN WITH REGULAR or delivered by messenger. However, it alone to ensure delivery of the proposal designated official prior to the bid Notice Inviting Bids. Late proposals A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the City Clerk prior to the bid opening hour stipulated in the Notice Inviting Bids. Proposals may not be ,,withdrawn after said hour of , 1993. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. Unauthorized conditions, limitations, incompleteness, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed Proposal Forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal. modification, or withdrawal will be considered. Bids with supplemental information or form other than those proposed forms provided by the Agency may not, be considered. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same is expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated and referred to in the Specifications, and Contract Documents, and to full compliance therewith. The award of contract, if made, will be to the lowest responsible bidder as determined solely by the Agency. Additionally, the Agency reserves the right to reject any or all proposals, to waive any irregularity and to take the bids under advisement for a period of sixty (60) days, all as may be required to provide for the best interests of the Agency. In no Event will an award be made until all necessary investigations are madEi as to the responsibility and qualifications of the bidder to whom the award is contemplated. All bids will be compared with the DirE-ctor's Estimate, TIME FOR COMMENCEMENT AND COMPLETION Contractor shall commence work within the time required in the bidding documents as summarized above and shall have fully complied with Sub - Sections of the Specifications. The Contractor shall diligently prosecute the work to completion within the number of working days specified in the proposal after the award of the contract by the City Council. Uport written request of the Contractor and if approved in writing by the Director, the time for commencement., completion or both may be extended. Successful bidder delivering the BROCHURE, RECREATION ACTIVITIES pursuant to these instructions shall guarantee it meets the specifications as set forth herein. If it is found the item (s) del:_vered does not meet requirements of the Agency Specifications, the successful bidder shall be required t.o correct the same at his own expense. In ease the delivery time of the item(s) under this contract is delayed due to strikes, injunctions, government controls or by reason of any cause or circumstance beyond the control of the bidder, the terms of delivery may be extended by a number of days to be determined in each instance by mutual written agreement between the successful bidder and the City Manager or his designee of the City of Moorpark. PROPOSAL FOR BROCHURE, RECREATION ACTIVITIES TO 1 1LIHE CITY OF MOORPARK, as Agency- In accordance with Agency's Notice Inviting Bids, and the instructions to bidders, the undersigned bidder hereby proposes to furnish all materials, equipment, tools, labor; transportation and incidentals required for the above stated project as set forth in the Contract Documents and Specifications. and to perform all work in the manner and time prescribed therein. Bidder declares that this proposal is based upon careful examination of the Specifications, Instruction to Bidders and all other contract documents. If this proposal is accepted for award, bidder agrees to enter into a contract with Agency at-- the unit and /or lump sum prices set forth in the following Bid Schedule. Bidder understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to Agency of the guarantee accompanying this proposal. Bidder understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and tat final compensation under the contract wil__ be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT. It is agreed that the unit and /or lump sum prices bid include all appurtenant expenses, taxes, royalties: and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the bidder's default in executing the required contract and fil_Lng the necessary bonds and insurance certificates within ten days, not including Saturdays, Sundays, and legal holidays, after the Agency has mailed notice of the award of ,contract to the bidder; this bid and the acceptance hereof may, at the Aaenc;y *s option, shall be considered nul:_ and void. THIS AGREEMENT, made and entered into this between the CITY OF MOORPARK, a municipal corporation, hereinafter referred to as "City" and hereinafter referred to E.s "Contractor ". WITNESSETH: WHEREAS, City desires to have RECREATION BROCHURE PUBLISHED THRICE YEARLY, hereinafter referred to as "Project"; and WHEREAS, Contractor has met with City to discuss the scope of services for said Project and the qualifications and licenses required by =_aw to perform the services required in connection with said Project; and WHEREAS, City desires to retain Contractor for services hereinafter described in connection with said Project; NOW, THEREFORE, it is hereby agreed by and between the parties that-: 1. DEFINITIONS: As used in this Agreement, the following definitions shall be applicable: Agency: City of Moorpark Board: City Council of the City of Moorpark City: City of Moorpark City Clerk: The City Clerk of the City of Moorpark or authorized representative. City Manager: The City Manager of the City of Moorpark. Contractor: The business entity who shall be considered the successful bidder on this project.. County: County of Ventura Director: The Director of Community Services for the City of Moorpark or authorized representative. Due Notice: A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time prior to the commencement of the contemplated action. Notificar.ion may be from the Director to the Contractor or from the Contractor to the Director. Federal: United States of America Prompt: The briefest interval of time required for a considered reply, including time required for approval by a governing body. Services: Services shall mean the services to be performed by Contractor pursuant to this Agreement. Satisfactory Satisfactory shall mean satisfactory to the City Manager of the City or the designated representative he has appointed to oversee the project. 2. SCOPE OF SERVICES: Contractor agrees to perform for, and furnish to, the City the services described in the proposal attached hereto and incorporated as Exhibits A. 3. PAYMENT: Upon satisfactory performance of the services herein above described in "SCOPE OF SERVICES ", Contractor shall receive said compensation thrice yearly in the amount of _ Should the City request in writing additional services that increase the herein above described "SCOPE OF SERVICES", an additional fee as mutually agreed upon in writing shal, be paid to Contractor for said additional services. 4. TIME FOR PERFORMANCE: Contractor agrees that it shall diligently and responsibly pursue the performance of the services required of it by this Agreement and that said services shall begin immediately upon the execution of this Agreement in accordance with the Project Schedule attached hereto, and incorporated herein, as Exhibits A. If a delay beyond the control of Contractor is encountered, a time extension may be mutually agreed upon in writing by City Manager of City and Contractor. Contractor shall present documentation satisfactory r_o City Manager to substantiate any request for a time extension. It is agreed by the parties to the contract that in the event complete delivery is not made within the time or times set forth pursuant to these Instructions, damage will be sustained by the City of Moorpark and it is impractical and extremely difficult to ascertain and determine the actual damage the City of Moorpark will sustain in the event of such delay. Therefore, it is agreed that the successful bidder shal pay to the City of Moorpark as fixed and liquidate, damages and not as a penalty, a dollar sum in the amount of One Hundred Dollars ($100.00) per day - first five (5) days. Two Hundred Dollars ($200.00) per day - six (6) to ten (10) days, Three Hundred Dollars (5300.00) per day - eleven (11) days and over, for delay in making delivery and assembly or finishing the work, in excess of the number of days prescribed above. In the event the bidder fails to make complete delivery of the item (s) as specified, bid and awarded, within ten (10) calendar days of the specified contract delivery date, the City of Moorpark shall ahve the right to terminate the contract without be liable to the bidder and acquire said item as the City of Moorpark deems appropriate. It is further agreed that in the event such damages are sustained by the City of Moorpark, the City of Moorpark shall deduct the amount thereof from any monies due or that may become due the vendor under the contract or take other action as the City of Moorpark deems appropriate. 5. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT: Not withstanding any other provision of this agreement, the City may; at any time, suspend, terminate, or abandon this Agreement, or any portion hereof, by serving upon Contractor at least thirty (30) days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement; unless the notice provides otherwise. Within thirty (30) days after service of said notice. City shall pay Contractor the total value of the services rendered by Contractcr tc the date that work is to be ceased pursuant to this sect _ on . If City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement. 6. BREACH OF CONTRACT: If Contractor defaults in this Agreement, except in prearranged time deadlines identified in Section 4, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it. may be entitled at law, in equity or under this Agreement.. 7. BANKRUPTCY: City shall have the right. notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law; in equity or under this Agreement, immediately upon service of written notice of termination on Contractor_, if any of the following should occur to Contractor: a. Be adjudged a bankrupt; b. Become insolvent or have a receiver of its assets or property appointed because of insolvency,; C. Make a general assignment for the benefit of creditors; d. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or e. Institute or suffer to be instituted any procedures for reorganization or, rearrangement of its affairs. 8. OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in the event of termination, suspension, or abandonment of, this Agreement, all original documents, designs. drawings and notes, if any, prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of Contractor. 9. INDEPENDENT CONTRACTOR: Contractor is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, servants or agents shall have control over the conduct of Contractor or any of Contractor's officers: employees, servants and 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, servants, or agents are in any manner officers, employees, servants, or agents of City, 10. LEGAL RESPONSIBILITIES: Contractor shall keep itself informed of all state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Contractor shall not pay less than the prevailing wages issued by the Director of the California Department of Industrial Relations.. Contractor shall at all times observe and comply with all such laws and regulations. The City and its officers, employees servants, and agents shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section.. 11, NOTICE: Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to City of Moorpark, c/o City Manager at 799 Moorpark Avenue, Moorpark, California, 93021. and to Contractor at 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. Notice shall be deemed to have been served seventy -two (72) hours after the same has been deposited in the United States Postal Service. This shall be a valid and sufficient service of notice for all purposes. 12. ASSIGNMENT: Contractor shall not assign this contract, or any of the rights, duties or obligations hereunder.. It is understood and acknowledged by the parties that the Contractor is uniquely qualified to perform the services provided for in this Agreement. 13. LIABILITY INSURANCE: Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this Agreement a policy of comprehensive liability insurance and shall furnish a Certificate of Liability Insurance to the City Manager of City before execution of this Agreement by City - Notwithstanding any inconsistent. statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: a. Include City as an additional insured covering the services to be performed under this Agreement, whether liability is attrib:itable to Contractor or City. b. Provide the following minimum limits: Bodily Injury - $1.000,000 each person $1,000,000 each occurrence $1 000,000 aggregate products & completed operations Property Damage - $1,000,000 each occurrence $1.000:000 aggregate A combined single limit policy with aggregate limits in the amount of $1;000,000 will be considered equivalent to the required minimum limits. Contractor may file insurance acceptable to City covering more than one project.. C. Bear an endorsement or shall have attached a rider whereby it is provided that-, in the event of amendment or cancellation of such policy for any reason whatsoever, City shall be notified by registered mail. postage prepaid, return receipt requested, not less than thirty (30) days before the amendment or cancellation is effective, d. The policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have, and any other insurance the City does possess shall be considered excess and shall not contribute to it. e. The policy shall be written on an occurrence basis unless a Claims Made policy is approved in writing by the City. If a Claims Made Basis policy is approved by the Citym the Contractor shall provide total coverage ffor any claim that. may be filed pursuant to statute or court action after expiration of the Claims Made Basis policy in an amount consistent with the provision pf Paragraph B. 14. INDEMNIFICATION: Contractor shall hold harmless, indemnify, and defend City and all of its officers, employees, servants and agents from any claim, demand, damage, liability, loss, cost, or expense for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, or errors or omissions of Contractor or any of its officers, employees, servants or agents in the performance of this Agreement, except such damage as is caused by sole negligence of City or any of its officers, employees, servants, or agents. 15. WORKERS' COMPENSATION INSURANCE: Before execution of this Agreement by City, Contractor shall file with the City Manager of City the following signed. certification, I am aware of, and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self - insurance before commencing any of the work. Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement complete Workers Compensation Insurance, and shall furnish a Certificate of Insurance to the City Manager of City before execution of this Agreement by City. The City and its officers. employees, servants and agents shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to .comply with this section. Every compensation insurance policy shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of amendment or cancellation of such policy for any reason whatsoever-, City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before the amendment or cancellation is effective- 16.. ATTORNEY'S FEES: If any action at law or suit in equity: including an action for declaratory relief, is brought to enforce or interpret any provision of this Agreement.: the prevailing party shall be entitled to reasonable attorney's fees, court costs, and necessary disbursements; in addition to any other relief to which it may be entitled. 17. ENTIRE AGREEMENT: This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto and supersede all negotiations and prior writing with respect tc the subject: matter hereof.. In the event of conflict between the terms, conditions or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. 18. FFFFQTTVE DATE AND NUMBER OF COPIES: This Agreement is made in two (2) duplicate originals and shall be effective from and after the date it is signed by the representatives of City, 19- GOVERNING LAW: This Agreement shall be governed by, and constructed in accordance with. the laws of the State of California. 20. VENUE: This Agreement is made, entered into, executed and is to be performed in Moorpark: Ventura County: California, and any action filed in any court for interpretation; enforcement or breach otherwise of the terms, covenants and conditions of this Agreement shall be filed in the applicable court in Ventura County, California.. 21. CITY'S AGENT: The City Manager of the City of Moorpark or his designated representative shall have the right to review, coordinate and approve all work to be performed by Contractor pursuant to the terms of this Agreement and shall be the City's agent with respect to review, coordination and approval of the services to be performed by the Contractor. 22. INTERPRETATION OF AGREEMENT: Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared jointly and equally, by the parties and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 23, CAPTIONS: The captions of the various sections of this agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective sections hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK CONTRACTOR M Name of Firm Date Title Dat EXHIBIT .A CITY OF MOORPARK Specifications For Furnishing and Delivering BROCHURE, RECREATION ACTIVITIES The City of Moorpark Community Services Department will publish a 16 - 24 page 8 1/2 x 11, magazine format. thrice yearly (summer, fall, and winger /spring). The following is a description of each item to be considered. A. Printing 1. Printing on 50% white offset - recycled paper 2. Black plus one standard pantone color on all pages. 3. Cover to be four color 70 lb_ gloss with photograph to be supplied by City.. 4� Camera ready text provided by City on MacIntosh disk, utilizing word processing software agreed to by both parties_ Mechanical color separations to be done by printer. Color locations and screen percentages to be provided by City. Actual screening to be done by printer, 133 line minimum screen. 5. Quote as final product, except for halftone photo preparation to be quoted on a per photo basis. 6. Current production is 8,500 copies_ Include cost per additional 500 ordered. 7. Binding will be done with stapling.. 8.. Skid packaging. 9.. Provide proof copy - biue line proof and color proof (or equivalent) . City shall receive blue line layout and shall have the right to approve or disapprove proposed layout. B. Advertising 1. Moorpark businesses must be given priority advertising opportunity. Regional advertisers are given second priority. 2. City has right to review all agreements between the Contractor and brochure advertisers. 3. Brochure will contain a disclaimer to the effect that businesses or entities referenced in the publication through advertising or otherwise, does not constitute an endorsement of such businesses by the City. 4. There will be no political: pornographic, scandalous, religious or "adult" advertisements contained in brochure, nor any advertising :related to the sale or use of alcohol or tobacco products. C. 5. City has right to reject any advertisement which, in the opinion of the City, does not follow the above mentioned guideline in Section B.4. 6. Advertising space is not to exceed fifty per cent (50 %) of the printed copy in any issue of the brochure. 7. No advertising will appear on page three of the brochure, which shall be reserved for table of contents, and other city related information. No more than four ads will appear on any one page except for one page selected by the Contractor on which business card size ads may appear. Production 1.. City will provide copy thirty (30) days prior to desired publication date. Contractor shall present City schedule for City concurance that will allow the brochure to be mailed out on the following dates each year Last Thursday in May, Last Thursday in August, Last Thursday in November. 2. Contractor will deliver 8.500 to mail clearing house for bulk sorting and mailing. 3. City will have prepaid for postage with local post office. D.. Terms i. The term of this Agreement shall be for one (1) year, commencing from the date of execution, unless in the sole discretion of the City it decides to produce the brochure itself, or to cease publishing brochures entirely. Notice with intent to terminate will be provided by the City ninety (90) days prior to the expiration of the current. contract.. 2. City has the right to terminate this Agreement for failure to perform by dates specified in contract documents, 3. In the event that the City terminates this Agreement, the City is in no way obligated to any subsequent agreement between the Contractor and committed advertisers, and restitution of any outstanding payments are the responibility of the Contractor.. 4. At City's sole discretion, contract can be renewed for a period not to exceed one year with other terms as mutually agreed upon.