HomeMy WebLinkAboutAGENDA REPORT 2016 1102 CCSA REG ITEM 10E ITEM 10.E.
CITY OF CvaOORPAR K,CALIFORNIA
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MOORPARK CITY COUNCIL 5 s i
AGENDA REPORT
TO: The Honorable City Council
FROM: Jennifer Mellon, Recreation/Community Services Manag
DATE: October 24, 2016 (CC Meeting of November 2, 2016)
SUBJECT: Consider entering into an Agreement with Scripps NP Operating,
LLC dba Ventura County Star and Resolution Amending the Fiscal
Year 2016/17 Budget for Printing Services for the City of Moorpark
Newsletter and Recreation Guide
BACKGROUND AND DISCUSSION
The City currently issues a quarterly publication containing the City's newsletter and
seasonal recreation guide. On June 2, 2014, the City Council approved an Agreement
with the Ventura County Star for brochure printing and mail preparation services for the
City quarterly newsletter and recreation guide. The Agreement was for one year with the
option to extend the agreement for two additional years at a total cost not to exceed
$65,160.00 for the term of the agreement, including the two extensions. The Agreement
was not extended after year two and expired on June 30, 2016. Along with the
expiration of the Agreement it was realized that the publication was not being printed
with recycled content paper stock to conform to the requirements of California Public
Contract Code (CPUC) Section 12200 et sec which states that the "The Legislature
further finds and declares that the use of recycled products produced as the result of the
superior waste management efforts by the state and local governmental entities will
help conserve resources. The CPUC further goes on to require that agencies ensure
that "before January 1, 2020, at least 50 percent of reportable purchases are recycled
products" and defines that "Recycled paper products shall consist of at least 30 percent,
by fiber weight, postconsumer fiber". In working with the Ventura County Star to extend
the Agreement, it was also realized that Scripps NP Operating, LLC had become the
parent company over the Ventura County Star for printing services and an agreement
would need to reflect this change.
The annual cost per the prior Agreement between the City and the Ventura County Star
to print the publication and provide mail preparation with a 10% contingency was not to
exceed $21,720.00 annually or_$5,430.00 per quarter. The new cost to print the
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Honorable City Council
November 2, 2016
Page 2
publication on paper that conforms to the recycled content requirement, as well as mail
preparation and the 10% contingency, is not to exceed $28,264.00 annually or
$7,066.00 per quarter. Staff is recommending entering into an Agreement with Scripps
NP Operating, LLC dba Ventura County Star through the remainder of this Fiscal Year
to June 30, 2017, which will consist of three quarterly printings at a cost not to exceed
$21,198.00. Before the end of this Fiscal Year, staff will solicit requests for quotations
for printing and mail preparation services and bring back a recommendation to the City
Council for a multi-year agreement to commence on July 1, 2017. Staff is bringing this
Agreement before the City Council for approval due to the fact that the cumulative costs
for Ventura County Star printing services exceed the City Manager's signature authority.
As previously mentioned, the City Council approved a 2014 Agreement with the Ventura
County Star at an amount not to exceed $65,160.00. Total expenditures made in
accordance with that 2014 Agreement were $35,786.66. That amount, along with the
Agreement you are considering with Scripps NP Operating, LLC for an amount not to
exceed $21,198.00 brings the total amount for both Agreements to $56,984.66.
FISCAL IMPACT
Funding of $22,500.00 was included in the Fiscal Year 2016/17 budget; however this
did not include the additional cost to use recycled content paper in the remaining three
quarterly printings. Printing costs incurred the first quarter totaled $4,936.00. This
expended amount plus printing costs not to exceed $7,066.00 for each of the three
remaining quarters bring the total cost for Fiscal Year 2016/17 to $26,134.00. Staff is
requesting an additional appropriation from the General Fund (1000) in the amount
$3,634.00 to the Recreation (7630), Public Information (3160), Library (1010.7640), and
Active Adult Center (7610) Divisions to complete the printing of the quarterly guide
through this fiscal year.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve agreement with Scripps NP Operating, LLC dba Ventura County Star.
2. Adopt Resolution No. 2016 - amending the FY 2016/17 budget to appropriate
$3,634.00 from the General Fund (1000) to fund this work.
Attachments:
1. Resolution No. 2016-
2. Agreement
211
Attachment No. 1
RESOLUTION NO. 2016 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2016/17 BUDGET TO ALLOCATE $3,634.00 FROM THE
GENERAL FUND (1000) TO VARIOUS DIVISIONS FOR
PRINTING SERVICES FOR THE CITY OF MOORPARK
NEWSLETTER AND RECREATION GUIDE
WHEREAS, on June 15, 2016 the City Council adopted the Operating and
Capital Improvement Budget for Fiscal Year 2016/17; and
WHEREAS, a staff report has been presented to City Council discussing the
need for continued printing services for the City of Moorpark Newsletter and Recreation
Guide; and
WHEREAS, the City Council has approved an Agreement for printing services
with Scripps NP Operating, LLC dba Ventura County Star; and
WHEREAS, an additional appropriation of $3,634 is requested from the General
Fund (1000) to various City division funds for this work; and
WHEREAS, Exhibit "A" hereof describes said budget amendment and its
resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment allocating $3,634.00 from the General Fund
(1000) for printing services for the City of Moorpark Newsletter and Recreation Guide,
as more particularly described in Exhibit "A" attached hereto is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
212
PASSED AND ADOPTED this 2nd day of November, 2016.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A— Budget Amendment
213
EXHIBIT A
BUDGET AMENDMENT FOR
General Fund(1000)for printing services for the City of Moorpark Newsletter and Recreation Guide
2016/17
FUND ALLOCATION FROM:
Fund Account Number Amount
General Fund 1000-33990 $ 3,407.00
Library Operating Fund 1010-33990 $ 227.00
Total $ 3,634.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number Current Budget Revision Amended Budget
1000-131-00000-51200 $ 5,400.00 • $ 800.00 $ 6,200.00
1000-411-00000-51200 $ 3,400.00, $ 227.00 $ 3,627.00
1000-521-00000-51200 $ 16,300.00 $ 2,380.00 $ 18,680.00
1010-530-00000-51200 $ 1,600.00 $ 227.00 $ 1,827.00
Total $ 26,700.00 $ 3,634.00 $ 30,334.00
Approved as to Form: X i •
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ATTACHMENT NO. 2
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
SCRIPPS NP OPERATING, LLC, DBA VENTURA COUNTY STAR
FOR PRINTING SERVICES
THIS AGREEMENT, made and effective as of this day of
, 2016, between the City of Moorpark, a municipal
corporation ("City") and Scripps NP Operating, LLC, a limited liability company, DBA
Ventura County Star ("Consultant"). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for printing services for a quarterly City publication
containing the City Newsletter and Recreation information, hereafter referred to as
"Publication"; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated August 26, 2016,
which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution until June 30,
2017, unless terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide printing services, as set forth in Exhibit B and Exhibit C.
In the event there is a conflict between the provisions of Exhibit B and Exhibit C and this
Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit B.
Consultant shall complete the tasks according to the schedule of performance, which is
also set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed six thousand seventy-four
dollars ($6,074.00) for printing thirteen thousand (13,000) copies of a twenty-eight (28)
page book with four (4) cover pages. An additional fee of three hundred fifty dollars
($350.00) shall be paid to Contractor for mail preparation services, and the contract
shall include a ten percent (10%) contingency of six hundred forty-two dollars ($642.00),
for a total contract cost of seven thousand sixty-six dollars ($7,066.00) per publication.
Quarterly payment to Contractor shall be made by City within thirty (30) business days
215
of delivery of Publication to the Thousand Oaks Post Office Bulk Mail Center. No
additional fees shall be paid without a written amendment to the Agreement executed
by both parties. Payment by City to Consultant shall be in accordance with the
provisions of this Agreement.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Ernesto Reyes, and no other individual may be substituted
without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Consultant quarterly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit C, based upon
actual time spent on the above tasks. This amount shall not exceed twenty-one
thousand one hundred ninety-eight dollars ($21,198.00) for the term of the Agreement
unless additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for additional services rendered in
connection with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to the Agreement
executed by both parties.
Consultant shall submit invoices quarterly for actual services performed. Invoices
shall be submitted on or about the first business day of each quarter, or as soon
thereafter as practical, for services provided in the previous quarter. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager. If the City
disputes any of Consultant's fees or expenses it shall give written notice to Consultant
within thirty (30) days of receipt of any disputed fees set forth on the invoice.
Scripps NP Operating,LLC,DBA Ventura County Star Page 2 of 16 216
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant's control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or the City Manager's designee determines that the
Consultant is in default in the performance of any of the terms or conditions of this
Agreement, designee shall cause to be served upon the Consultant a written notice of
the default. The Consultant shall have thirty (30) days after service upon it of said notice
in which to cure the default by rendering a satisfactory performance. In the event that
the Consultant fails to cure its default within such period of time, the 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.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred dollars ($100.00) per day for each calendar day the work, or portion thereof,
remains uncompleted after the specified quarterly due dates. Liquidated damages shall
be deducted from any payments due or to become due to the Consultant under the
Scripps NP Operating, LLC,DBA Ventura County Star Page 3 of 16 2 1 7
terms of this Agreement. Progress payments made by the City after the above specified
completion date shall not constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City's designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of five (5) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Consultant shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents ("City Indemnitees") from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the
Consultant's performance of its obligations under this Agreement or out of the
operations conducted by Consultant, including the City's active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Consultant's performance of this Agreement,
the Consultant shall provide a defense to the City Indemnitees or at the City's option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels' fees incurred in defense of such claims.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subconsultant, or any
other person or entity involved by, for, with, or on behalf of Consultant in the _
performance of this Agreement. In the event Consultant fails to obtain such indemnity
Scripps NP Operating,LLC,DBA Ventura County Star Page 4 of 16 218
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations and California Public Contract Code section 22153 requirements. The
Scripps NP Operating, LLC,DBA Ventura County Star Page 5 of 16 21 9
City, and its officers and employees, shall not be liable at law or in equity occasioned by
failure of the Consultant to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status, or
gender of such person, except as provided in Section 12940 of the Government Code.
The Consultant shall have responsibility for compliance with this Section [Labor Code
Sec. 1735].
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee or agent of Consultant, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work
to be performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
18. NOTICE
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, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
Scripps NP Operating,LLC,DBA Ventura County Star Page 6 of 16 2 2 0
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Ernesto Reyes
Ventura County Star
550 Camarillo Center Drive
Camarillo, California 93010
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
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. The City and
Consultant understand and agree that the laws of the State of California shall govern
the rights, obligations, duties, and liabilities of the parties to this Agreement and also
govern the interpretation of this Agreement.
23. COST RECOVERY
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
Scripps NP Operating,LLC, DBA Ventura County Star Page 7 of 16 2 21
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
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.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
29. INTERPRETATION OF AGREEMENT
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 to be prepared.
30. WAIVER
No waiver of any _provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
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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.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on. behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK SCRIPPS NP OPERATING, LLC DBA
VENTURA COUNTY STAR
Steven Kueny, City Manager Ernesto A. Reyes, Sr., General Manager
Attest:
Maureen Benson, City Clerk
Scripps NP Operating,LLC,DBA Ventura County Star Page 9 of 16 2 2 3
Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein.
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Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
Scripps NP Operating, LLC,DBA Ventura County Star Page 11 of 16 2 2 5
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City
of any cancellation or reduction of coverage. Consultant agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will "endeavor" (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant 90
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
Scripps NP Operating,LLC,DBA Ventura County Star Page 12 of 16 2 2 6
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. As coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
Scripps NP Operating,LLC,DBA Ventura County Star Page 13 of 16 2 2 7
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
Scripps NP Operating, LLC,DBA Ventura County Star Page 14 of 16 2 2 8
Exhibit B
Scope of Services
Between the City of Moorpark and
Scripps NP Operating, LLC dba Ventura County Star
1. SCOPE OF SERVICES
The City requires the production of a quarterly City publication. Scripps NP Operating,
LLC, dba Ventura County Star shall be responsible for providing appropriate services to
print the publication, prepare it for bulk mailing to Moorpark addresses by a third-party,
who will deliver said publication to the Thousand Oaks post office for postage
verification, then subsequently to the Moorpark Post Office and the Arroyo Vista
Recreation Center. Services shall be completed within the following timeline: Proof
completed for City review within two (2) business days of receipt of files; publication
printed within seven (7) business days of notice of authorization by City to proceed with
printing; mail preparation completed within two (2) business days of completing of the
printing. Date and time of delivery of publication to the post office shall be within five (5)
business days of completion of mail preparation, as mutually agreed upon by City and
Contractor.
2. CONTRACTOR WILL PROVIDE:
a. Printing services. Publication shall include 4/4 gloss cover, with twenty-eight
(28) 4/4 consecutive inside pages; remainder of inside pages shall be 2/2
color. Paper stock shall be as follows: 100#gloss for cover, 50# opaque white
for text. Size shall be 8.5" by 11". Paper stock shall incorporate recycled
content so as to conform with the requirements of California Public contract
Code Section 12209. Number of copies to be printed shall be 13,000.
b. Opportunity for City to review publication. Contractor shall submit to City
digital color proofs to verify quality, clarity, color, size, and layout prior to
printing.
c. Distribution services including bulk mailing catalog break-down and
bandsack preparation, as well as third-party delivery of adequate copies to
the United States Postal Service office in Thousand Oaks, California for
verification and third-party delivery of the guides to the Moorpark Post Office
for mailing to all residences, post office boxes, and businesses within the
93021 and 93020 zip codes. Remaining copies shall be delivered to the
Arroyo Vista Recreation Center located at 4550 Tierra Rejada Road in
Moorpark.
3. CITY WILL PROVIDE:
a. Files necessary for printing the publication, including:
I. Cover pages (Adobe PDF in file format specified by Contractor for
electronic upload)
II. Inside pages (Adobe PDF in file format specified by Contractor for
electronic upload)
III. Font files
Scripps NP Operating,LLC,DBA Ventura County Star Page 15 of 16 2 2 9
IV. Digital photographs (if needed; TIFF, JPEG, and/or EPS files)
V. Hard-copy print out of publication
VI. Postage fees shall be paid directly to the United States Postal Service by
City.
Files shall be submitted electronically. Files may also be submitted via e-mail if
necessary.
b. Payment to contractor as described in article number two of this Agreement.
Additional Services
PRINTING SERVICES:
Compensation for additional printing services shall be as follows:
Plate Change: $45.00 per page
Other services: Contractor shall be compensated for other services as agreed upon in
writing by City and Contractor.
Scripps NP Operating,LLC,DBA Ventura County Star Page 16 of 16 2 3.0
Exhibit C
Quotation
DATE: August 26,2016
CLIENT: CITY OF MOORPARK
JOB DESC: 28PG+COVER BOOKLET
Cost
SIZE: 8.25"w X 10.75"h
TEXT: 4/4(Process), NO Bleeds, 50#Finch-30% recycled content
COVER: 4/4(Process), NO Bleeds, 100#Gloss Book-OPUS-30% recycled content
PREP: PDF Files Supplied, Hard Copy Proof-32 Pages
BINDERY: Fold, Stitch,Trim
PKG: Carton Cony.
DELIVERY: USPS Moorpark, CA and Arroyo Vista Rec Ctr, Moorpark, CA
QUANTITY: 13M -28PG+COVER $6,074
MAILING SVCS: Mail handline $350
PLATE CHANGE: Additional Cost for 4C Plate Change One Side $45
8/26/2016
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