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Home My WebLink AboutStaff Report 353-09TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: SEPTEMBER 14, 2009 REPORT TYPE: CONSENT DEPARTMENT: ADMINISTRATIVE SERVICES CMR: 353:09 SUBJECT: Approval of Contract with Prodigy Press in the amount not-to-exceed $180,000 Annually for a Three-Year Period for Digital Imaging Services and Printing Projects RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or designee to execute the attached contract with Prodigy Press in an amount not-to-exceed $180,000 annually for a three year period for digital imaging and printing services. BACKGROUND The City of Palo Alto maintains an in-house printing facility. Occasionally, due to resource and/or equipment limitations, the Print Shop cannot accommodate the workload or the complexity of ptinting job orders generated by City departments. When the work load is excessively heavy or of a specialty print nature, selected jobs are outsourced to local printers at the discretion of Print Shop staff. DISCUSSION Scope of Services Description Tbe City of Palo Alto solicited proposals from experienced qualified printers to provide digital imaging outsolU'cing services for specialty City reprographic projects. Digital imaging projects may include monthly utility bill inscrts, various size envelopes, forms, NCR forms, multi-color brochures, programs and flyers, inserts and department stationcry, These projects require state- of-the-art technology that can accommodate the processing and production of: • Four color computer to press printing projects. • Oversize (larger than 11x17) processed color and black and white projects, CMR:353:09 Page 1 of 4 • Projects that require special bindery procedures such as cutting, folding, and collating. • Projects that require special inks, paper, laminating, numbering, labels, and imprinting. Several major digital imaging jobs are generated on an annually scheduled basis by the following City departments: • City of Palo Alto Utilities -Utility Marketing Services. Utility Marketing Services provides the main point of contact between the Utilities Department and its customers througb various media such as advertisements, newsletters, bill inserts, brochures, newspaper articles, etc. • Community Services Department. The Community Services Department requires higb profile four color repro graphic projects that introduce classes, plays, recreational activities, announcement cards, etc. Summary of Solicitation Process Proposal DescriptionlNumber NamelNumber of Proposals Proposed Length of Contract One year with the option to renew for two additional years Number of Proposals Published 4 Pre-proposal conference held Ycs Number of Company attendees at Pre-proposal 7 Meeting Number of Proposals Received: 5 Range of Proposal Amounts Sllbmitted $8K -$243K annually An evaluation committee consisting of seven representatives from various City departments reviewed the four proposals. After careful consideration, two firms were invited to participate in oral interviews. The committee reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP. Firms were evaluated on the qualifications and experience of their management and support staff, their methodology and experience in the type of work required, the completeness of their proposal in response to the City's RFP, their green business sustainability processes and their fees relative to the services to be provided. After a thorough evaluation, the committee determined that Prodigy Press was the best candidate to meet the City's needs and thereby is recommended for award of the contract. RESOURCE IMPACT Funding for this agreement is provided for in the Fiscal Year 2010 Operating Budget. Compensation to be paid to Prodigy Press for services shall not exceed one hundred eigbty CMR:353:09 Page 2 of4 thousand dollars ($180,000) annually. The primary users, the Utilities and Community Services Departments, have adequate budgets to cover these services. There are no additional direct impacts to the General Fund as a result of this contract. In concert with the City's green initiative, Prodigy Press will provide cost estimates for 30 percent and 100 percent post consumer recycled paper content for each project. Departments will make a choice based on recycled paper content cost, and other marketing factors. POLICY IMPLICATIONS The contract with Prodigy Press is in support of the Palo Alto City Council initiative on Green Purchasing and Sustainability Practices. ENVIRONMENTAL REVIEW The actions described in this report do not constitute a project under section 21065 of the California Environmental Quality Act. ATTACHMENTS Attachment A: Contract/Scope of Service CMR:353:09 Page 3 of4 PREPARED BY: Super is DEPARTMENT HEAD APPRO L: ~~~~=-~~~-- J>-....f:~nlinistrative Services CITY MANAGER APPRO VAL: ----:-:-:-::=::-dl:::":c=---'-------'--fl---V-- JAMES City M CMR:353:09 Page 4 of4 CITY OF PALO ALTO CONTRACT NO. S09129759-A AGREEMENT BETWEEN THE CITY OF' PALO ALTO AND PRODIGY PRESS )!'ORDIGITAL IMAGING OUTSOURCING SERVICES This AGREEMENT is entered into October 1, ~009 by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and PRODIGY PRESS, a Corpor'!tion located at 150 Grant Avenue, Palo Alto, CA 94306 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to contract with a Digital Imaging finn to provide digital imaging outsourcing services for the City. (project") and desires to engage a contractor to handle the City's digital imaging needs outside ofnonnaI business operating hours, Mondaythru Friday, 8 a.m. to 5 p.m. (after hours, Monday thru Friday, after 5 p.m.), weekends, mshjobs or emergencies. B. CONTRACTOR has represented that it has the necessary professional expertise, . qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONTRACTOR to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, temls, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONTRACTOR shall perfonn the Services described in Exhibit BA" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM, The tenn of this Agreement is effective on October 1, 2009 through September 30, 2010 unless tenninated earlier pursuant to Seetion 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE, Time is of the essence in the perfonnance of Services under this Agreement. CONTRACTOR shall complete the Services within the tenn of this Agreement and in accordanee with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. Any Services for which times for perfonnance are not speeified in this Agreement shall be commenced and completed by CONTRACTOR in a reasonably prompt and timely manner based upon the circumstances and direetion communicated to the CONSULTANT. CITY's . agreement to extend the telm or the schedule for perfonnance shall not preclude reeovery of damages 1 09099 Professional Services Revised 10/18/07 agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION~4.NOTTOEXCEED COMPENSATION. The compensation to~bepaidto CONTRACTO R for performance of the Services described in Exhibit" A", including both payment for professional services and reimbursable expenses, shall not exceed One hundred Eighty Thousand Dollars GliSJ),OOO.OO). The applicable rates and schedule of payment are set out in Exhibit "C", entitled "COMPENSATION," which is attached to and made a part of this Agreement. SECTION 5. INVOICES. In order to request payment, CONTRACTOR shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C"). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONTRACTOR shall send all invoices to the City's project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONTRACTOR or under CONSULTANT supervision. CONTRACTOR represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perfomi the Services assigned to them. CONTRACTOR represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, penn its, qualifications, insuranee and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONTRACTOR under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar cireumstances. SECTION 7. COMPLIANCE WITH LAWS. CONTRACTOR shall keep itself informed of and in eompliance with all federal, state and loeallaws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perfonn Services under this Agreement. CONTRACTOR shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONTRACTOR shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONTRACTOR has prepared plans and specifications or other design documents to construct the Project, CONTRACTOR shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construetion of the Project. This obligation shall survive termination of the Agreement SECTION 9. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing 2 09099 Professional Serv~ce$ Revised 10/18/07 the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONTRACTOR to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and .not an agent or employee of the CITY. SECTION 10. ASSIGNMENT. The parties agree that the expertise and experience of CONTRACTOR are material considerations for this Agreement. CONTRACTOR shall not assign or transfer any interest in this Agreement nor'the performance of any of CONSULTANT's obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the Project Manager will be void . • SECTION 11. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: (see list of names attached at end of contract). CONTRACTOR shall be responsible for directing the work of any subconsultants and for any compensatiiiln due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONTRACTOR shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONTRACTOR shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 12. PROJECT MANAGEMENT. CONTRACTOR will assign .Ray Azadan to have supervisory responsibility for the performance, progress, and execution of the Services and as the project coordinator to represent CONTRACTOR during the day,to,day work on the Project. If circumstances cause the substitution of the project coordinator or any other key personnel for any reason, the appointment of a substitute project coordinator and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perfonn the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of theProject or a threat to the safety of persons or property. The City's project manager is Ty Campbe.11 Administrative Services Departm(Ol11, Printing and Mailing Djy!§ion, 250 Hamilton Ave., Level A, Palo Alto, CA 94301, Telephone: 650,329,3504. The project manager will be CONSULTANT's point of contact with respect to performance, progress and execution oftlle Services. The CITY may designate an alternate project manager from time to time. SECTION 13. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exelusive property of CITY without restriction or limitation upon their use. CONTRACTOR agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall 3 09099 Professional Services Revised 10/18/07 be vested in CITY, and CONTRACTOR waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONTRAcTOR nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approv\ll of the City Manager or designee. CONTRACTOR makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15, AUDITS. CONTRACTOR will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONTRACTOR further agrees to maintain and retain such records ,tor at least three (3) years after the expiration or earlier termination of this Agreement. . SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONTRACTOR shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expens(ls of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance ornonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONTRACTOR to indemnifY an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance ofCONS1JLTANT's services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement., SECTION 17. WAIVERS. The waiver by either party ofany breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or Jaw, or of any subsequent breach or violation of the same or of any other term, covenant, condition,provision, ordinance or law . . SECTION 18. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 18.1. The city manager may suspend the performance ofthe Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (l0) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONTRACTOR will immediately discontinue its performance of the Services. 18.2. CONTRACTOR may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a Professiona~ Services Revised 10/1B/07 4 09099 substantial failure of perfonnance by CITY. 18.3. Upon such suspension or tennination, CONTRACTOR shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not cOinpleted, prepared by CONTRACTOR or its contraetors, if any, or given to CONTRACTOR or its contractors, if any, in cOImection with this Agreement. Such materials will become the property of CITY. 18.4. Upon such suspension or tennination by CITY, CONTRACTOR will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or tennination; provided, however, if this Agreement is suspended or tenninated on account of a default by CONSULTANT, CITY will be obligated to compensate CONTRACTOR only for that portion of CONSULTANT's services which are of direct and immediate benefit to CITY as such detennination may be made by the City Manager acting in the reasonable exercise of histher discretion 18.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 19. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager, Grcg Pustelnik To CONSULTANT: Attention of the project director at the address of CONTRACTOR recited above SECTION 20. CONFLICT OF INTEREST. 20.1. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not aequire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the perfonnance of the Services. 20.2. CONTRACTOR further covenants that, in the perfonnanceofthis Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONTRACTOR certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in aceordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 20.3.. If the Project Manager detennines that CONTRACTOR is a "Consultant" as . that tenn is defined by the Regulations of the Fair Political Practices Commission, CONTRACTOR 5 09Q831 Professional Services ReviSed 10/18/07 shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Munieipal Code and the Political Reform Act. SECTION 21. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment, including completing the form furnished by CITY and set forth in Exhibit "E." SECTION 22. MISCELLANEOUS PROVISIONS. 22.1. This Agreement will be governed by the laws of the State of California. 22.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 22.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 22.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, represenfations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 22.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 22.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 22.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to tirne, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 22.8. This Agreement is subject to the fiscal provisions of the Charter ofthe City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) 6 09{)83 1 Professional Services Revis¢o 10/18/07 at the end of any fiscal year in the evertt that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section 23.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 22.9. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives execqted this Agreement on the date first above written. CITY OF PALO ALTO APPROVED: City Manager (Required for contracts over $85,000) Purchasing Manager (Required for contracts over $25,000 APPROVED AS TO FORM: Senior Asst. City Attorney Attachments: EXHIBIT "A": SCOPE OF SERVICES PRODIGY PRESS BY:~~ Name:~c9~~8""""""'" Title: ~~:::;;;:;, pg...-e/J EXHIBIT "B" EXHIBIT "c" EXHIBIT "D"; CONTRACT PRICING (Parts 1-4) INSURANCE REQUIREMENTS CERTIFICATION OF NONDISCRIMINATION 7 09083l Professional services Revised 10/1S/07 EXHIBIT "A" SCOPE OF SERVICES I. GENERAL INFORMATION Contractor will handle the City's digital imaging needs during and outside of nonnal business operating hours, Monday thru Friday, 8 a.m. to 5 p.m. (after hours, Monday thru Friday, after 5 p.m.), weekends, rush jobs or emergencies. Contractor will process job orders as assigned by the City's Supervisor of Printing and Mail Services. Print quality must be sharp and clear with no bleeds or smears. Contractor will provide all incidental and related work assoeiated with job order processing (Le., produce fihn, provide plate(s), supply paper, provide soy-based ink and complete all required finishing). II. PROJECT DESCRIPTION 1. Specific Digital Imaging Tasks Several major Digital hnaging Jobs are generated on an annually seheduled basis by various City Departments, including the City of Palo Alto Utilities (CP AU) Utility Marketing Services (UMS) and Utility Administration groups; Department of Community Services, including Arts and Sciences, Open Space and Parks, Recreation and Golf. CPA U shall utilize the services of the Contractor to provide digital imaging production, as well as advertising placement and mailing service coordination to assist in communicating with its residential and business utility customers. Contractor will coordinate and work with the City's graphic designer(s). CPAU will develop a calendar of production. Contractor shall keep in mind that thc City uses sustainable products and seeks to use paper with as much recycled and post consumer content as possible. These Digital Imaging Projects may be simultaneous and/or require a fairly quick turn around time. A. City of Palo Alto Utilities (CPAU) Utility Marketing Services (UMS) and Utility Administration groups CPAU is a full-service municipal utility that has been in operation for over 100 years. The municipal utility system is owned anfl operated by the City (and therefore the City residents and businesses). The customer segments CP AU serves include residential, commercial, corporate, institutional and industrial classes. CPAU provides water, electricity and natural gas to utility customers. The benefits CPAU provides include competitive rates, fast response, local political control, reliable delivery and a positive environmental focus. 8 EXHIBIT A UMS is a main point of contact between thc Utilitics Department and customers. Through various media such as advertisements, case studies, newsletters, bill inserts, envelope bangtails and back of envelope graphics, brochures, email ads, newspaper artieles, and program packets, customers are informed of current programs, educational, and technical information, safety tips and required notifications, industry trends and updates. On an annual basis, CPAU staff implements a.multitude of program and service marketing along with customer education and outreach activities by leveraging outside graphic designers and ad agencies to supplement staff resources. CP AU has developed a calendar of production for use with its graphic design contractor. B. Community Services Department Community Services Department, including Arts and Sciences, Open Space and Parks, Recreation and Golf often requires Digital Imaging Services for various multicolor Flyers, Inserts Announcements, Catalogues and Brochures. Other services required may inelude specialty oversized) documents such as maps, engineering drawings and plans. C. Specialty Items: Maps, Architectural and Engineering Plan Sets- Large and Regular Format Several departments within the City, such as Public Works, Utilities, Planning, Parks and Golf, Recreation and Open Space and occasionally the Fire Department, require reproduction of maps, drawings, etc. In addition, black/white and color copies of specifications sometimes accompany plans. Black/white and color copying may be required by any department for various projects. III. CITY'S INTENT (ALTERNATE SOURCES) Contractor is the preferred vendor for City of Palo Alto digital imaging job orders. Contractor shall process job orders as assigned by the Supervisor of the Printing and Mailing Division. Contractor is the City'S primary source for digital imaging work required by City Staff. In those instances in which the Contractor is unable to meet the City's requirements, the City may use the services of a secondary vendor as necessary. Contractor shall keep in mind that the City uses sustainable products and seeks to use paper with as much recyeled and post consumer content as possible. Occasionally, City may refer small run overflow or rush offset jobs to Contractor for processing. IV. GENERAL SPECIFICATIONS AND REQUIREMENTS A. Vendor must provide pick-up and delivery service for all jobs submitted B. Vendor guarantees turn around time of3-5 days 9 090831 Professional Services Revised 10/18/07 EXHIBIT A C. Vendor shall provide: Same day service: Ifreceived by 8:00 a.m., guaranteed complete by 5:00 p.m. same day, or within 48 hours. D. Contractor will submit items in person, electronically in Word or PDP format or by others means as designated by Project Manager. E. Vendor will provide dollar mark-up amount or specify hourly rate for rush jobs. Vendor must define "RUSH" parameters. F. Vendor will provide after-hours (after 5:00 pm) emergency or rush services (6-hour turnaround time) , week-end services (24-hour turnaround) and the fees for such services G. Vendor will provide on-site Press Check for all jobs, unless other arrangements agreeable to the City or its representatives are made, H. Vendor shall only accept job requests from Print Shop Supervisor as Point of Contact, unless other contact arrangements have been made for specific projects L Vendor must accept eleetronic files for job order processing, J. Vendor will include all COSTS, including all necessary materials (paper, ink, etc.) for all jobs K. Contractor shall be responsible for all finishing materials (bindery, sorting, etc.) L. Contractor shall provide one specific sales representative to handle City's accounts. The sales representative will inform City purchasing and user departments of new materials and processes, handle billing problems, special orders, etc. M. Contraetor will provide pick up and delivery service in local proximity N. Contractor will send invoices for services to the attention of the Print Shop SupervisorlManager, unless other contaet arrangements have been made for specific projects O. Contractor shall work with City of Palo Alto third party vendors or contacts. P. Contractor shall perform mail merge function for mailed pieces with delivery to post Office, Q. Contractor's in-house graphics person shall update information in digital-format for maps and other on-going documents. R. Contractor shall discuss the maximum recycled content paper available for each print job with each project manager and encourage the use of 100% post-consumer recycled- content process chlorine free paper and/or Green Seal Certified paper www.greenseal.orgifindaproductJprintedpap!lr.cfin when feasible, affordable, available and when it will perform the needs of the print job. Specific recycled content requirement details for designated print jobs are listed in the Contract Pricing section of this document as well as information on higher recycled content alternatives. S. Contractor shall use a minimum of 30% post-consumer content paper unless the need for greater amount is specified. T. Contractor shall use soy or other vegetable based inks for print jobs. U. Contractor shall meet the City's reporting requirements for quantifying greenhouse gas emission and waste reduction effOrts, and in consultation with the City's environmental purchasing project manager or designee, through submission of an annual andlor upon request report from Contractor quantifying environmental performance of materials and products used for City print jobs (e.g., energy, water savings) using tools such as the 10 09083) Professional Services Rev{sed 10/18/07 EXHIBIT A Environmental Defense Fund Paper Calculator http://www.edf.orglpaper9alculator/ or similar with approval from the City. Contractor must provide the report within ten business days of request at No Charge. V. When shipping completed jobs, Contractor shall use products that contain recycled- content materials that are recyclable in the City of Palo Alto's· Recycling Program and. W. Contractor shall report how waste from the production and shipping of printed materials will be minimized. V. VENDOR REQUIREMENTS: 1. Capabilities: A. Contractor shall handle originals and electronic artwork in varying states such as: • Various materials; • Various sizes; • Various age and condition. Some originals are very old and must be handled with great care; • Where imprinting on back shows through to the front and must be captured when reproduced. • Various electronic file formats such as Acrobat, Illustrator, PageMaker, Corel Draw, etc. B. City will have the option of using blanket orders, purchase orders or a credit card. Occasional users will use one-time purchase orders on an as-needed basis. Contract pricing must be extended to each order. C. Jobs must be picked up from and delivered to requesting City departments unless another local address is specified. D. Contractor shall notiry requestor immediately if the required deadline cannot be met. E. Contractor shall submit itemized invoices detailing labor and materials used for each job produced. F. Within ten working days of request, Contractor shall provide an electronic summary of annual paper used and resources used/saved based on the paper choice for City print jobs as outlined in Section VI. VI. ENVIRONMENTAL PURCHASING PREFERENCES The City of Palo Alto is certified as a Bay Area Green Business through the association of Bay Area Governments Green Business Program (www.greenbiz.ca.gov) and, as such, seeks to 11 09Qe3J Professional Services Revised 10/18/07 EXHIBIT A purchase products and services in an environmentally preferred manner. Preferences: The City prefers: 090831 A. To conduct business with certified Bay Area Green Businesses (or those actively enrolled in the program with the intention of completing the certification process) when the business provides the service needed at a reasonable cost; proposer shall provide the contact information of the Green Business coordinator if proposer is seeking certification. B. The use of Forest Stewardship Council (FSC) certified paper that is "process chlorine free". C. The use of renewable energy at the Proposer's place of business and efforts to reduce energy use and thus, the carbon footprint for the development, production and delivery of final product(s). 12 Professional Services Revised 10/18/01 EXHIBIT B CONTRACT PRICING Name of Company: Prodigy Press Inc. 650-566·1890 PART l. BASIC PRINTING SERVICES liTEM DESCRIPTION OF SERVICE BILLING UNIT RATES FOR RATES FOR RUSH OR OF MEASURE STD SERVICE EMERGENCY SVCS; NO. REG HOURS; QUICK TURN or AFTER MON-FRI, HOURS·5 PMIWEEKENDS B TO 5 1. i Client Consultation . Per Hour No Charge No extra Charge , 2. Electronic file transfer Included No extra Charge 3. Press check i Included No extra Charge 4. Travel/mileage rate Per Mile No Charge No extra Charqe 5. Scanningnmaging Included No extra Charge , 6. Assembling Included No extra Charge 7. Binding Per job No Setup Charge No extra Charge 8. Perforating Per job No Setup Charge No extra Charge 9. Foldinr:J Per job No Setup Charge No extra Charge 10. Die-Cutting Per job No Setup Charge No extra Charge 11. laminate Per job No Setup Charge No extra Charge 12. Graphic Design Service Per hour , $45.00 No extra Charge --------- 13a. Database cleanup/mail merge Per 1,000 pieces $125.00 No extra Charge address_~sonto print pieces 13b. Database cleanup/mail merge Per 5,000 pieces $425.00 No extra Charge addresses onto print pieces 13c. Database cleanup/mail merge Per 10,000 $725.00 No extra Cha1Jle ----addresses onto print pieces pieces PART :2 -ENVELOPES, PAPER STOCK (INCLUDING NCR) TO BE PROVIDED BY THE CITY 13 (Include Minimum run quantities> 090831 EXHIBIT B 14 Professional Services Revised 10/18/07 EXHIBIT B 005 20,000 I NCR Forms, 3 part 8 J;;" x 11" Black soy based 006 5,000 I NCR Forms, 4 part 8 J;;" x 11" Black soy based ink PART 3 -UTILITY BILL INSERTS and MISC. 15 090831 1$0.088 1'011 I Printing 1/0 I No Charge I No Charge Professional Services Revised lo/lS/O, 001 002 090831 EXHIBIT B 60,000 Utility Bill Inserts 60 lb. 30% post consumer Two-Color Process-color, 2-sided, cut to size 5.75" x 7.25", bi-fold 1 bill insert, Sx a year, is printed @ 30,000 copies each Delivery for monthly Print run is required on the 24th of designated month. City to provide artwork in 532,000 I Utility Bill Inserts 60 lb. 30% post consumer, II" .x 17/f 2-color, 2-sided, cut to size 7 " X 11", letter fold 2 bill inserts are printed each month @ 30,000 copies each insert 16 $0.049 Printing 4/2 $0.042 Printing 2/2 $0.051 New Leaf Frontier Offset 100% Post Consumer Waste 92 Brigb,t 60# White Ancient Forest Friendly FSC Certified Acid Free CRE $0.46 New Leaf Frontier Offset 100% Post Consumer Waste 92 Bright 60# White No charge No charge Professional Services Revised 10/1S/07 003 474,000 004 10,000 0'IIJ8Jl EXHIBIT B a} City to provide artwork in electronic format. Utility Bill Inserts 60 lb. 30% post consumer, 11" x 17" 4-color, 2-sided, cut to size 7" x 11", letter fold 2 bill inserts are printed each month @ 30,000 copies each insert Delivery for monthly print run is required on the 24th of each month. a) City to provide artwork in electronic format. Brochures/ flyers / 17 $0.078 Printing 4/4 $0.055 Ancient Forest Friendly FSC Certified Acid Free $0.082 New Leaf Frontier Offset 100% Post Consumer Waste 92 Bright 60# White Ancient Forest Friendly FSC Certified Acid Free CRE $0.059 No charge No Professional services Revised 10/1S/07 005 090831 150,000 Print Run of 1000 and up 30% post consumer Machine folding 8.S x 11 Black (one color) soy based inks Brochures/flyers/programs 30 % post consumer Machine folding 8.S x 11 PMS color soy based inks EXHIBIT B 18 Printing 1/1 Standard ink $0.06 Printing 1/1 1 PMS Standard ink New Leaf Frontier Offset 100%" Post Consumer Waste 92 Bright 60# White Ancient Forest Friendly FSC Certified Acid Free CRE $0.064 New Leaf Frontier Offset 100% Post Consumer Waste 92 Bright 60# White Ancient Forest No Charge professional Services Revised lO/IS/07 006 115,000 Print Run of 1000 and up 007 20,000 090831 EXHIBIT B I White stock 8 1/2 " x 11" 20 lb. bond, 30% post consumer Black, one-color soy based inks White stock 8 1/2 " x 11" 20 lb. bond, 30% post consumer 19 1$0.17 Printing 2/2 1 PlVlS Standard ink $0.06 FSC Certified $0.174 New Leaf Frontier Offset 100% Post Consumer Waste 92 Bright 60# White Ancient Forest Friendly FSC Certified Acid Free CRE $0.064 .:.L; ~.cc:·':I No Charge No Charge Professional services Revised 10/lS/07 PART 4 -SPECIFIC SAMPLES PROVIDED 090831 EXHIBIT B LETTERHEAD, BROCHURES, UTILITY BILL INSERTS and MISC. 20 Professional Services Revised 10/18/07 001 Sample # 1 002 Sample # 2 003 Sample # 3 090831 20,000 10,000 Based on past history 2,500/ Order 20,000 1,000 per order LETTERHEAD - Stationery, white, 8 ~ " xlI" 24 lb. 30% recycled chlorine free Black and 1 PMS color soy based inks SPRING 2009 ART CLASSES - Brochures/ programs 22.5" x 17.5" multiple folds 30% post consumer Machine folding 2 color, Black (+ PMS) inks -Brochures/ programs A COMMUNITY CENTER FOR SPORTS/MUSIC 7" x 8.24", 1 fold l 30% post consumer Machine folding 4 EXHIBIT B $0.055 Evergreen 24# 50% Waste Paper 30% Post consumer Acid free $0.396 Enova Silk 50% Recycle 30% Post Consumer .. Waste Chlorine Free $0.30 Enova Silk 50% Recycle 30% Post Consumer 21 $0.060 Environment PCIOO / 24# 100% Recycle 100% Post consumer FSC $0.426 New Leaf Reincarnation 100 % Recycled 50% Post Consumer Chlorine Free CRE AFR $0.309 New Leaf Reincarnation 100 % Recycled 50% Post Consumer Chlorine Free No Charge No Charge No Charge Professional Services Revised 10/lS/07 EXHIBIT B Soy based inks Waste CRE AFR f--------1-----+--------------j1 prlnt4/ ~ 1 POWER CONTENT LABEL -i $0.036 004 1150,000 Sample # 4 005 160,000 Sample # 5 090831 Utility Bill Inserts 60 lb. 30% post consumer, 11" x 17" One-Color, Soy based inks 2-sided, cut to size 5.75" x 7.25", bi-fold 1 bill insert, 5x a year, is i Print 1 / 1 printed @ 30,000 copies each City to provide artwork in electronic format. QUALIFY FOR STORM DRAIN 1$0.042 REBATES - Utility Bill Inserts 60 lb. 30% post consumer, II" x 17" 2-color, Soy based inks, 2- sided, cut to size 7 • x 11", letter fold 22 $0.040 New Leaf Frontier Offset 100% Post Consumer Waste 92 Bright 6D# White Ancient Forest Friendly FSC Certified Acid Free $0.046 New Leaf Frontier Offset 100% Post Consumer Waste 92 No Charge No Charge Professional services Revised 10/la/07 06 Sample # 6 60,000 007 130,000 090831 2 bil each month @ each insert copies City to provide artwork in electronic format. EXHIBIT B FIGHT CLIMATE CHANGE -1$0.078 Utility Bill Inserts 60 lb. 30% post consumer, 11" x 17" 4-color, Soy based inks , 2-sided, cut to size 7 " x 11", letter fol~ 2 bill inserts are printed each month @ 30,000 copies each·· insert City to provide artwork in format. PALO ALTO SUSTAINABLE I $0.179 23 60# Ancient Forest Friendly FSC Certified Acid Free CRE $0.082 New Leaf Frontier Offset 100% Post Consumer Waste 92 Bright 60# White Ancient Forest Friendly FSC Certified Acid Free CRE $0.219 No Charge No Charge Professional Services Revised 10/18/07 # 7 008 30,000 Sample #8 090831 Based on past history 8,000 per Order Utility Bill 60 lb. 30% post consumer, 22" x 14" 4-color, Soy based inks, 2-sided, multiple-fold City to provide artwork in electronic format. SAVE MONEY WITH EVERY FLUSH - Postcard 2 color, Soy based inks, set up on 8.5x11 inch, finish size is cut to 5.5 x 8.5", 90-lb cover. consumer EXHIBIT B $0.84 Enova silk 50% Recycle 30% Post Consumer Waste 100# cover 24 Everest 100% Post Consumer Waste 24 # NW Forest Friendly FSC Certified Acid Free $0.92 New Reincarnation 100 % Recycled 50% Post Consumer Chlorine Free Ancient Forest Friendly No Charge Professional Services Revised 10/18/07 City to provide artwork in eleotronic format. 009 65,000 I TALES FROM AN IMAGINARY Sample I #9 I MENAGERIE- Postcard Based on 4 color soy inks, set up on 8.5x11 past inch, finish size is cut to 5.5 x 8.5", history 8,000 per 90-lb cover Order 30 % post consumer City to provide artwork in electronic rmat. 010 32,000 I RESIDENTIAL EFFICIENCY 090831 EXHIBIT B $0.11 ! Enova silk I 50% Recycle 30% Post Consumer Waste 100# cover I Printing 4/4 1$0.207 25 cover $0.118 New Leaf Reincarnation 100 % Recycled 50% Post Consumer Chlorine Free Ancient Forest Friendly CRE 95# cover $0.24 No Charge No charge Professional Services Revised 10/15/07 Sample #10 16 Page Booklet Self cover Brochure -4 color 4 color soy inks, for B.5x11 inch, 1 fold. saddle-stitched piece. finish size is 4x7.5 inch 30% post consumer content EXHIBIT B Enova Silk 50% Recycle 30% Post Consumer Waste 80 # gloss text City to provide artwork inlprinting 4/4 electronic 011 20,000 I ALL ABOUT YOUR UTILITIES -1$ Samp e 44 page . . 1 I I Booklet, 2-color. except 4-color #11 booklet I cover. saddle-stitched plus machine fold cover Base on Cut size Tx11" past 100 % oost consumer 26 09()83 I New Leaf Primavera 80 % Recycle 60 % Post Consumer Chlorine Free FSC CRE Ancient Forest Friendly 88#gloos text $2.64 New Leaf Reincarnation 100 % Recycled 50% Post Consumer Chlorine Free Ancient Forest Friendly No charge Professional services Revised 10/18/07 2500 per I Soy based ink order 70-lb book 80-lb 012 '5,000 WALK-THRU ENERGY AUDI Sample Booklet, 4-color, machine fold # 12 16 page Cut size 8.5"x11" Booklet .+ I cover I 100 % post consumer perf on text Soy based ink, pages saddle-stitched, Base on past 80-lb book history 80-lb cover 1000 090831 EXHIBIT B 27 Matte Text Matte Cover $1. 74 1000 per Order New Leaf Reincarnation 100 % Recycled 50% Post Consumer Chlorine Free Ancient Forest Friendly eRE 80# Silk text and cover No Charge Profe$s~onal services Revised 10/18/07 013 Sample #B 090831 20,000 Based on past history 2000 per order FROM FIRE TO THE FOREFRONT -Tri-fold, 4-color, with 2 machine folds, Cut size 25.5"x11" 30% post consumer Soy based ink 80-lb cover EXHIBIT B $0.82 Mohawk 80# Matte Cover NW 15% post consumer Acid free 28 $0.84 New Leaf Everest 100 % Recycled 100% Post Consumer Chlorine Free Ancient Forest Friendly FSC CRE No charge 80# lk text and cover Professional Services Revised 10/18/07 EXHIBIT B 29 090831 Professional Services Revised 10/18/07 Name of Firm: ~W~&-;;?5 ./ct/C Signature(s): f~ ~2-r8Dc'7~ > (Print name) 090831 I 30 24 Professional Services Rev~sed 10/18/0? 090831 EXHIBIT D Exhibit B: Certification 01 Nondiscrimination I>.ttaahl1'lent C CertlficatiQn of NQndlscrimination All; suppl"'~ of Sloods Qf eervice. to the City of Palo Alto, the I1rm Md individuals listed below certify \hat they do r'IOt dis(;rlmina!~ In employ"",n! 01 ;11'1'1 per."n because of race, akin colOr, gander, age, religion, disabil"y, national migln, ance.hy, .exuel arienls!l.:.n. housing s13tus, marit,,1 $I;>tu~, 1amilial .tatus, weight or height Dr such person: lila! they .. re in compliance lIIIith .. II Federal, SMa and Iccal lJireotives and eXElcutlve Qf<ier~ IlOgarding nondi.criminl!ll:ion in emr>loymant 4. If Propos"r ;s INOIVIDUAL, sign here: Da.te:o¥/""'~kr ~~~ ____ _ ~s Signature ... Proposer's typed name and title 5. If Proposer ia PARTNERSHIP or JOINT VENTURE, allea$1 (2:) ~aJ1ners Or each of the Joint Ventuf&1¥ shall sign here: Pl'rtnelship or Joint Venture Name (type or print) Date: ______ --.. -;----,.;;-.. -:--:O:-c:--:-:-~:7T._:_:7:=_: Member of the Partnership tit Joint Venlllr!t ~i9r;aiuM 0"".: _____ _ Memoor of the Par\n&l'ihlp QI Join! Venture signature 6. If Proposer is a CORPORATION, the duly ",lfI:I'lorlzed officer(s) shel! sign as follows: The Und .. r8lgned certify that they are respoollVe!y: Of Ihe oOlT>oration ~amed below: that they are desi911ated to sign the Proposal Coot Form by resolution (attach a ""rtlMed CClPY, with corporate seal, if applicable. not!UiZ;ld as tl;! Its authentiCl1.y or Secretary's certiflcQ1& of llullloriZalio~) for and on oolieilf Qf the below named CORPORATIOI>I, antl that IIH~Y rn authorized to llxeC\ftc seme for and on behalf of said CORPORATION. 31 Professional Services Revised 10/18/07