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HomeMy WebLinkAboutCC Resolution 8425 (Recreation Dept Brochure)RESOLUTION NO. 8425 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement with RvmrRnMFDTA To PRODUCE THE RECREATION DEPARTMENT SEASONAL BROCHURE a copy of which is hereby attached and by this reference made a part hereof. 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 Reqular meeting of the City Council of said City held on Monday the 17th day of June , 19 91 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None C/" 'SINE M.LEON INI, CITY CLERK 6RIG9NRt �,,, AGREEMENT WITH SYNCROMEDIA TO PRODUCE THE RECREATION DEPARTMENT SEASONAL BROCHURE THIS AGREEMENT, made this 17th day of June 1991, by and between the City of San Rafael, (hereinafter referred to as "CITY"), and Syncro Media, (hereinafter referred to as "CONTRACTOR") is made with reference to the following facts: 1. The CITY is desirous of producing catalogues outlining the recreational opportunities within the CITY; 2. The CITY is desirous of including display advertising to generate revenue to offset the cost of the catalogue production, and 3. Contractor has the expertise and ability to produce such a catalogue; NOW THEREFORE, the parties agree as follows: 1. CONTRACTOR agrees to produce the seasonal recreation catalogues for the CITY; the production to be in accordance with the following specifications: A Production: Provide all art, design, layout, type, production and printing of magazine with the following specifications: 1. 8 1/2" by 11", minimum twenty-four (24) pages. 2. Stock: 60 lb. white electrobrite. 3. Color capacity: 2 to 4 color capacity. 4. Weiaht: Magazine will not exceed five (5) ounces. 5. Quantity: Minimum of 32,000 copies of each issue; four (4) issues per year as specified in attached publication deadlines. 31,000 for direct mail and 1,000 for CITY'S use. R Advertising Sales: 1. Rates: Set advertising rates, negotiate agreements, and collect monies for advertisements. Determine advertisement format, layout and dimensions. 2. Accessibilitv to CITY: Provide copies of media kits and rate cards to CITY that will be used in the sales of advertising space. P Y 3. Placement: Publisher is guaranteed following pages: inside front cover, inside back cover, and outside back cover for advertising. 4. Advertisings: Will be limited to 3 full page advertisements and 10 one-fourth page ads or a similar combination. Catalogues 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. CITY reserves the right to approve all advertising displays. G Distribution: 1. MailinL: Deliver up to 31,000 copies to mailing houses located in Marin County, California, on or before the delivery dates as specified in attached Exhibit A. 2. CITY: Deliver a mutually agreed upon number of additional magazines to CITY Offices for distribution at CITY facilities on or before delivery date as specified in Exhibit B. 2. CITY agrees with respect to the production and mailing of the catalogue to the following: A. Editorial: Provide copy for all editorial features in hard copy or disk format on or before deadline dates as specified in Exhibit A. R Desian. Cow. Lavout Avvroval and Proof: Design, layout, editorial, including front cover and advertisements are subject to approval of CITY. CITY is guaranteed one day (1) to review and proof all editorial copy and photographs, and advertisements. Copy changes requested after proofing date will be paid for, if applicable, by CITY. G Provide non-profit mailing permit and postage to mail up to 31,000 copies bulk rate. 3. TERM. The term of the Agreement shall be for 16 months or four publications, commencing from the date of execution of this agreement. 4. CONSIDERATION. CONTRACTOR shall be entitled to retain 65% of all profits over the first $1000. from the sale of advertising in the 2 catalogue. CONTRACTOR will pay City 35% of all profits over the first $1000 from the sale of advertising. Within thirty (30) days of mailing the completed catalogue to CITY, CONTRACTOR shall issue a report summarizing ad sales, production costs, and the amount of its payment. Costs incurred by CONTRACTOR that result from errors in the original copy prepared by the CITY will be reimbursed by the CITY in the amount of additional costs incurred. Any costs incurred by CONTRACTOR that results from typesetting or lay -out errors will be assumed by CONTRACTOR. 5. PAYMENT AND REIMBURSEMENT. The CITY agrees to pay CONTRACTOR for production, printing and postage costs for the catalogue and Contractor agrees to reimburse or offset the CITY for these costs based on the revenue generated from advertising as noted in Section 4. 6. ADDITIONAL SERVICES. Upgrades to the catalogue and/or extra pages may be purchased from CONTRACTOR. CONTRACTOR will provide these rates to the CITY upon execution of the Agreement. Any price changes to the CITY will require a thirty day notification by CONTRACTOR. 7. APPROVAL FOR PRINTING. Final approval of all advertising, program and informational copy and lay -out is to be given by the CITY Recreation Director or an approved proof, initialed by the CITY to CONTRACTOR, shall constitute final approval for printing. 8. NOTICES. Notices required to be given pursuant to this Agreement will be deemed sent when mailed first class, postage prepaid and addressed as follows: To the City: To Contractor: City of San Rafael Recreation Department P O Box 151560 San Rafael CA 94915-1560 Attn: Don Streeper Syncromedia 3140 Kerner Blvd. Suite J San Rafael, CA 94901 Attn: Steve Burke, President 9. INDEPENDENT CONTRACTOR. Nothing herein contained will make either of the parties hereto the partner of the other nor be construed as creating a joint venture between the parties, both parties being at all times deemed to be independent contractors. CONTRACTOR will have no right to obligate the CITY in any manner whatsoever, and nothing herein contained will be deemed to give any rights to any third party. 10. INDEMNIFICATION. CONTRACTOR agrees to hold the CITY and its officers harmless from all claims of liability which may arise from the performance of this Agreement whether or not the negligence of any of the CrIys officers, harmless provision shall apply to all damages and claims for damages of every 3 kind suffered by reason of the performance of any and all of the duties required to be performed by this agreement. 11. This constitutes the entire agreement of the parties. No modification or amendment of this agreement shall be valid unless it is in writing and executed by all parties. 12. CONTRACTOR and CITY agree to submit any claims arising under this agreement to binding arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statutes. 13. ASSIGNMENT. This Agreement shall not be assigned by CONTRACTOR unless the CITY has agreed in writing to such assignment. CITY OF SAN RAFAEL *COA-�� -�L MAYOR - LAWRENi ATTEST: E 4EMULRY16 CLERK - JEANNE M. LEONCINI APPROVED AS TOO1 CONTENT: CITY MANAG]tR - PAMELA J. NICOLAI APPROVED AS TO FORM: -� 77t - CITY ATTORNEY - GARY b RAGGHIANTI 4 SYNCRO MEDIA BY: DATE: -91al-11 EXHIBIT A ISSUE TYPESET COPY TO PRINT DELIVER TO PROOF DATE POST OFFICE Fall 91 8/1/91 8/12/91 8/23/91 (Sept.- Nov.) Winter 91 11/21/91 12/2/91 12/13/91 (Dec.- Feb) Spring 92 1/16/92 1/27/92 2/7/92 (Mar.- May) Summer 92 4/9/92 4/20/92 5/1/91 (June- Aug.) 5