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
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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.)
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