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HomeMy WebLinkAboutCC Resolution 10364 (Quarterly Newsletter Agr)RESOLUTION NO. 10364 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE EXPENDITURE OF FUNDS AND THE SIGNING OF AN AMENDMENT TO THE AGREEMENT WITH JOE LEISEK TO PUBLISH A QUARTERLY NEWSLETTER THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: 1. The City Manager is authorized to execute, on behalf of the City of San Rafael an Amendment to the Agreement with Joe Leisek, 145 Keller Street, Petaluma, CA 94952, to perform additional services outlined in the proposal attached hereto; the formal Amendment to Agreement shall include and incorporate this proposal as Exhibit `B"; and 2. The additional compensation to be paid to Mr. Leisek shall not exceed $46,000 to cover all costs associated with the production and distribution of (4) City newsletters, to be published in spring `99, summer `99, fall `99 and winter of 2000. Included in this cost will be $2,500 per issue consultant costs to be paid to Joe Leisek. I. JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday, the 16" day of February, 1999 by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None iL. l�.z..� JE M. LEONICINI, City Clerk l�� EXHIBIT "B" SECOND AMENDMENT TO AGREEMENT FOR PRODUCTION, PRINTING AND DISTRIBUTION OF NEWSLETTER FOR CITY OF SAN RAFAEL This Amendment to Agreement is made and entered into this 16th day of FEBRUARY , 1999, by and between CITY OF SAN RAFAEL (herein CITY), and JOE LEISEK (herein CONTRACTOR). WHEREAS, CITY and CONTRACTOR entered into an Agreement for CONTRACTOR to provide, print and distribute CITY's newsletter; and WHEREAS, the Agreement expired 1-31-99, and both CITY and CONTRACTOR desire to extend their Agreement. AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. Section 2. -- "Duties of Contractor", shall be amended to add a subsection "C." to read as follows: "C. CONTRACTOR shall perform additional services of producing City newsletters for the spring, summer, fall and winter of 1999 in the same manner and pursuant to the same specifications described in Exhibit `A'." 2. Section 4. -- "Compensation", shall be amended to add a subsection "C.", to read as follows: "C. CONTRACTOR shall receive additional compensation for full performance of the additional services enumerated in Section 2.C., above. Said additional compensation shall not exceed $46,000.00." 3. Section 5. -- "Term of Agreement", shall be amended to read as follows: "The term of this agreement shall be from January 31, 1999 until performance is completed, and, in any event, no later than January 31, 2000." All other terms, covenants and conditions of the original Agreement remain the same and in full force and effect. 1 COPY IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ROD GOULD, City Manager ATTEST: JRNE M. LE014CINI, City Clerk r 0 ley 2 CONTRACTOR %�SEIK -S `-�16 LEI AMENDMENT TO AGREEMENT FOR PRODUCTION, PRINTING AND DISTRIBUTION OF NEWSLETTER FOR CITY OF SAN RAFAEL This Amendment to Agreement is made and entered into this 6th day of APRIL , 1998, by and between CITY OF SAN RAFAEL (herein CITY), and JOE LEISEK (herein CONTRACTOR). WHEREAS, CITY and CONTRACTOR entered into an Agreement for CONTRACTOR to provide, print and distribute CITY's newsletter; and WHEREAS, though the Agreement expired 12-31-97, both CITY and CONTRACTOR desire to extend their Agreement. AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. Section 2. — "Duties of Contractor", shall be amended to re -designate the current Section 2. as "2.A.", and to add a subsection `B." to read as follows: "B. Additionally, CONTRACTOR shall perform additional services of producing City newsletters for the spring, summer, fall and winter of 1998 in the same manner and pursuant to the same specifications described in Exhibit `A'." 2. Section 4. — "Compensation", shall be amended to re -designate the current Section 4. as "4.A.", and to add a subsection `B." To read as follows: "B. Additionally, CONTRACTOR shall receive additional compensation for full performance of the additional services enumerated in Section 2.B., above. Said additional compensation shall not exceed "46,000.00." 3. Section 5. -- "Term of Agreement", shall be amended to read as follows: "The term of this agreement shall be from January 1, 1997 until performance is completed, and, in any event, no later than January 31, 1999." All other terms, covenants and conditions of the original Agreement remain the same and in full force and effect. 1 IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ROD GOULD, City Manager ATTEST: AA Alo V M. LEO CM, City Clerk GARY T f i i.,i Attorney 2 CONTRACTOR 144--- W914SIIEK EXHIBIT "A" AGREEMENT FOR PRODUCTION, PRINTING AND DISTRIBUTION OF NEWSLE i i f k, FOR CITY OF SAN RAFAEL This Agreement is made and entered into this 18th day of NOVEMBER , 1996by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Mr. JOE LEISEK (hereinafter "CONTRACTOR'). RECITALS WHEREAS, the City Council of the City of San Rafael has determined that it would serve the public interest to produce, print and distribute a City newsletter to the Citizens of San Rafael to better inform them of the services provided by the City; and WHEREAS, the City Council has, by Resolution adopted at its meeting of November 18, 1996, authorized the City Manager to enter an Agreement with CONTRACTOR to produce, print and distribute a City newsletter to the citizens of San Rafael; and WHEREAS, the CONTRACTOR has represented that he has the experience, training and expertise to produce, print and distribute such a newsletter; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. Ms. Suzanne Golt, Assistant City Manager is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR JOE LEISEK is hereby designated as the PROJECT DIRECTOR for CONTRACTOR 2. DUTIES OF CONTRACTOR CONTRACTOR shall perform the duties and provide the services related to the preparation of a total of four City focus newsletters (winter, spring, summer and fall 1997) as described in Exhibit "A", attached hereto and incorporated herein. DUTIES OF CITY CITY shall cooperate with contractor to assist in the performance of this Agreement, and shall compensate CONTRACTOR according to Section 4. 01 4. COMPENSATION For the full performance of the services described herein for the production, printing and distribution of four (4) newsletters by CONTRACTOR, CITY shall pay CONTRACTOR an amount not to exceed $25,000.00 for the winter and spring issues of 1997. Total costs for the summer and fall issues of 1997 also shall not exceed $25,000; however, the PROJECT MANAGER and CONSULTANT are expected to review the costs to determine what, if any, savings can be achieved. Fees for consulting services shall not exceed $2,500.00 per issue. 5. TERM OF AGREEMENT The term of this Agreement shall be for one (1) year commencing on January 1, 1997 and ending on December 31, 1997. 6. TERMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. CONTRACTOR shall be paid for all work accomplished until the date of the termination notice. C. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible. Final payment by CITY to CONTRACTOR shall be contingent upon such delivery. 7. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 2 10. INSURANCE A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one-half million ($500,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one-half million ($500,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one-half million $500,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CTTY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverages required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CTTY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws, 3 and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. 11. INDEMNIFICATION CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIlVENATION CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform, all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO TIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Ms. Suzanne Golt, Assistant City Manager (Project Manager) City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 4 TO CONTRACTOR: Mr. Joe Leisek (Project Director) 22 Townview Lane Petaluma, California 94952 (707) 762-6163 16. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT — AMENDMENTS A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CTTY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE/ OTHER TAXES CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 552-51-4380 , and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 22. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ROD GOULD, City anagen ATTEST: LEO City Jerk 0 CONTRACTOR J October 28, 1996 Susie Golt, Assistant City Manager City of San Rafael 1100 Fifth Avenue San Rafael, CA 94901 Dear Susie: Joy Lrlsl 1. EXHIBIT22 Towmic«Lane Petaluma, C.194952 (707) 762-G1G3 re: Proposal for City of San Rafael newsletter Thank you for considering my design, writing and production services for your newsletter project. The proposal which accompanies this letter outlines the approximate costs of each stage of the entire project, from initial design development through actual mailing of the final product. The proposal also includes my recommendations on issues like design and production, size and scope of publication, editorial procedures, printing and mailing. Please remember that all costs listed in this proposal are approximate and may vary based on issues such as total distribution, number of pages and type of paper used, and method by which the publication is distrib- uted. I have configured the project to be accomplished on a low budget while maintaining a professional content, appearance and distribution. A final agreement will be written and signed when this proposal is accepted and all details are decided. I understand that our goal is to print and distribute the first issue in January 1997. This proposal includes a approximate timeline designed to meet that deadline. I am pleased to be considered as editor and production coordinator of this exciting project. I look forward to employing my skills, creativity and professionalism in helping the City of San Rafael produce a resourceful public information publication for its residents. My work with the City of San Rafael and the local community began as a reporter with the San Rafael Newspointer in 1988. Since January 1992 I have served as the communications manager of the San Rafael Chamber of Commerce, where my responsibilities include complete editorial and production duties for San Rafael Business, a 12 -page monthly newspaper. I also perform design, editorial and production duties for the San Rafael -Marin Economic Profile, Marin County High -Tech, fliers, brochures, and many other printed Chamber pieces. I also developed and maintain the Chamber's Intemet presence. Agreeing to my proposal will alleviate the frequent need to work with several people on a project like this. I can provide design development, complete layout and production, and all editorial responsibilities. 2 The estimated costs for my services for the City of San Rafael publication are very reasonable considering my skills, knowledge of local government and the market rate for producing publications. Upon your approval, I recommend that we solicit additional bids for printing and any other costs associated with this project from local vendors only. I hope this letter, proposal and timeline provide enough information in order for you to proceed with the approval process. When this proposal is approved I will draft an agreement for us to sign. Please contact me with any questions. I look forward to working with you and helping the City of San Rafael develop an informative, professional publication. Sincerely, IL 6 J/L,- Joe Leisek Attachments Background and Recommendations City of San Rafael Newsletter Project Description: Quarterly public information newsletter mailed to residents. Publications emphasis will be on factual and journalistic presentation of City policies, activities, people and events. The goal of the publication will be to provide information in a readable format and encourage public participation in the civic process. My recommendation is for the publication's first issue to contain four 8.5" x 11" pages printed double -sided on an 11" x 17" sheet and folded. An option to double in size should be considered after one or two issues are produced. Two ink colors will be used on each page. Design: The publication's design will be clean and simple with varying use of two colors for each issue. The same design style will be used as a template and followed each issue in order to convey consistency. Slight variations will be allowed in order to avoid too much standardization. I will provide the initial design and follow it carefully. I will also perform typesetting and layout funcrions for each issue, including graphics, text, and color separations. Editorial: I recommend drafting a statement of purpose soon after this proposal is acccepted. The statement will be printed on each issue and will ultimately govern all content and design. The editorial style will comprise a blend of journalistic news and features, with stories written in an active voice while providing detail and facts. The goal of the publication is to be taken seriously as an interesting, factual, readable public information piece. Hyperbole is to be avoided. I also recommend that each issue be preceded by at least one editorial meeting with the assistant city man- ager and/or city manager in order to develop a story budget. The assistant city manager and/or city manager will also review at least two proofs of each issue before the publication is printed. All content must be approved by the assistant city manager and/or city manager. Meetings will likely take place before 9 a.m., after 5 p.m. and at midday. I also recommend that I receive supervision only from the assistant city manager and/or city manager in order to avoid confusion and streamline the production. Production: I will handle all production for the publication, including typesetting, layout and design, use of color, delivery to printer, press check and other duties. Distribution: I recommend that the publication is to be delivered to residents via carrier route. This process appears to be less expensive than hiring a mailing house to label and mail each copy to thousands of house- holds. It is clear that City staff time should not be taken up by sorting and labeling this publication. The City of Davis mails their publication this way because it is less labor-intensive and less expensive. City of San Rafael Newsletter Estimated Costs* Design, Layout and Production: This cost will be higher for the publications first issue, since the design of the masthead, column grids and use of graphics and color will be performed from the ground up. For this and each subsequent issue this cost will also include typesetting, layout, laser proofs and delivery of final product to printer. A press check will also be included. Digital film output will be invoiced to the City of San Rafael. Design Development $350 Design, Layout; Prnduction Each Issue $500 Editorial: This cost is estimated based on time spent in editorial and proofing meetings, interviews and research, and writing. F.rlitorial $1,650 Printing. This is an approximate cost as quoted by a local printer (see attached) for 31,000 copies of a four- page, 8.5" x 11" publication on 60# bright white paper, two colors with bleeds, and folded. The same printer quoted a price on an eight -page publication which is about 80 percent higher. I recommend that the City of San Rafael not purchase or lease a new press. One reason is that the annual cost of the new press alone is roughly the same as the annual total cost of contracting with a local commercial shop to print the Four-page publication. And the City would incur added significant costs in paper, ink and staff time. I also recommend that other bids be solicited from local vendors once this proposal is approved. Printing $3,462.25 Distribution: This is the approximate cost after discussing the options with US Postal Service bulk mail personnel. This figure is a rough estimate of the costs of distributing the publication via walk sequence saturation, with the simple designation Postal Customer or Residential Customer San Rafael CA printed on the publication itself: This will result in a mailing cost of either .11 cents per piece or .13 centers per piece, depending on the preparation. It is possible to contract with the printer to prepare it correctly. This method is available to government agencies and is a substantial savings over regular bulk rates. It is the method by which the city of Davis mails its newsletter. I also recommend that city volunteers or employees distribute the publication at key public points in San Rafael. Distribution $3,410 (11 per peice) to $4,123 (133 per piece) Project Total $9,372.25 to $10,085-25 *For a four-page 8.5" x 11" publication; costs will rise if publication increases in size. Timeline November Proposal approved. Publication details finalized. Agreement signed. Design development begins. Editorial meeting takes place. Design elements approved. Editorial work begins. December Editorial work concludes. First proof of copy delivered to Ciry Manager's Office. Editorial revisions made. Revisions and layout delivered to Ciry Manager's Office. Final revisions made and layout finalized. Proposal submitted October 28, 1996 January Artwork, digital file, or film output delivered to printer. Press check and blueline proof performed. Publication bundled and mailed by second week of January.